Intellectual Property Rights -- Terms of Use


You can download this page as a Microsoft Word Document by clicking here. 

APOGEE SOFTWARE LTD.
Intellectual Property Rights -- Terms of Use

** IMPORTANT **

Please review the following terms and conditions carefully. This Agreement is a legally binding contract between you ("You") and Apogee Software Ltd., a/k/a 3D Realms, ("Apogee") regarding your access to and use of its web site (the "Site"), as well as your use of Apogee's various games (collectively, the "Property"), the information contained therein and its copyright and trademark policies. By accessing the Property, you agree to the terms and conditions as outlined in this legal notice. Apogee reserves the right to change these terms and conditions from time to time at its sole discretion. Your use of our Property following any such change constitutes your agreement to follow and be bound by the terms as changed.

INTELLECTUAL PROPERTY

The copyright in and associated with all material, including without limitation all informational text, photographs, illustrations, artwork, software, music, sound, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, at or on the Property, as well as all derivative works, is held by Apogee or by the original creator of the material and is protected by copyright, trademark and other intellectual property laws. Apogee disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks (the "Marks") displayed on the Property are registered and unregistered Marks of Apogee. 

You must notify Apogee prior to any use of the Marks and/or the Materials. Once you have notified Apogee of your intended use, you will be granted a limited license to use the Marks and Materials for personal, informational, and non-commercial purposes to promote Apogee's games, provided that such use conforms to the criteria set forth below. 

By agreeing to this limited license, you acknowledge the validity of Apogee's ownership in the Marks and will not contest such ownership or the validity of any registrations of Apogee relating to the Marks. If you acquire any goodwill or reputation in any of the Marks, all such goodwill or reputation will automatically vest in Apogee when and as such goodwill or reputation occurs. You agree to take all actions necessary to effect such vesting. 

Please note that Apogee reserves the right to object to any use of the Marks and Materials, including prohibited and unlawful uses, even if that use is not expressly prohibited by these Terms of Use. Further, Apogee reserves the right to revise these Terms of Use at any time without notice. By consenting to use of the Marks and/or Materials, you agree to immediately cease and desist using the Marks or Material on our written or electronic request. 

Trademark Use

  1. You may use the Marks on a web site, on bulletin boards, in chat rooms to discuss or promote Apogee's games and/or products.

  2. You may use the Marks as metatags or as key terms in a search engine.

  3. You may not use the Marks in banner advertisements or other internet advertising mediums.

  4. You are not allowed to vary the spelling, add or delete hyphens (even for normal hyphenation at the end of a line of text), make one word two, or use a possessive or plural form of the Marks.

  5. You may not use the Marks in a derogatory or defamatory manner, or in any negative context. Such use will terminate your license to use the Marks.

  6. You may not use the Marks as part of any third party products, services or trade name, without Apogee's express written permission.

  7. You may not use the Marks in a manner that is likely to cause confusion with, dilute or damage the reputation or image of Apogee or any of its products.

  8. The Marks, or any portion thereof, may not be used by you or any third party as a domain name or as part of or incorporated in to a domain name. If you learn of such unauthorized use, please inform us. However, 

Trademark Marking
When using Marks that are registered, use the registered trademark symbol (r) after the trademark, for example, "PINBALL WIZARDS(r)". For any Marks that are not registered, the (tm) symbol should be used in place of the registered trademark symbol (r). For example, "TIME TO KILL(tm)". Once marked, it is not normally necessary to mark subsequent appearances of the Marks. 

Trademark Attribution Statements
As a condition of this limited license, Apogee requests that any use of the Marks also include the following attribution statement, which may appear in small but legible print. 

Here's a partial list of Apogee trademarks:

Apogee logo
3D Realms logo
Duke Nukem
Bombshell
Dr. Proton
General Phil Graves
Come get some
Hail to the king
King of action
King of carnage
The yellow "Duke Nukem" title logo
The yellow nuke symbol
Planet of the Babes
Time to Kill
Zero Hour
Max Payne
Talon Brave
Prey
Shadow Warrior
Lo Wang
Pinball Wizards
Balls of Steel

All other trademarks are the property of their respective owners. 

Copyright Use
Except as otherwise indicated elsewhere on the Property, you may view, copy, print, and distribute the Materials from the Property subject to the following conditions:

  1. You may use the Materials solely for personal, informational, and non-commercial purposes; any charge for use of the Materials and any commercial exploitation is expressly prohibited.

  2. You may use up to three (3) screen shots from any single Apogee game.

  3. You must properly identify Apogee as the source of the Materials.

  4. Your use must include the following copyright notice in any copy that you make:
    Copyright (c) 1987-2000 Apogee Software, Ltd. All rights reserved.

  5. You may not use the Materials in banner advertisements or other internet advertising mediums.

Permission Required
As well as notifying Apogee of your intended use, you must also receive permission from Apogee for the following uses of the Materials and Marks:

  1. Use of music from the Property

  2. Use of any Apogee character's phrases, slogans, or any symbols associated with such character.

  3. Use of any picture or likeness, in any medium, of an Apogee character separate and apart from the full display art of the game box or game screen shot in which such character is displayed.

  4. Use, excerpts, or copies of any Apogee printed materials, including hint books.

  5. Modification or alteration of the Materials.

  6. Linking the Site to any other third party web site through a hypertext, text, banner, logo or contextual link ("Graphical Image") which permits a user to go from one party's web site to another by clicking on the Graphical Image.

  7. Framing the Site, Materials and/or Marks within any third party web site.

GENERAL

Links to Other Materials 
If any link is offered connecting you to a third party web site, it is as an accommodation to the respective third party site owner and without charge. Sites linked to and from this Site are not necessarily under the control of Apogee and Apogee shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. Apogee does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. 

Chats, Postings, and Bulletin Boards
Although Apogee may occasionally review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Apogee is under no obligation to do so, and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, omission, falsehood, obscenity, profanity, inaccuracy, or other improper information within such locations on the Site. You are prohibited from posting or transmitting any material that could constitute or encourage conduct that could be considered a criminal offense, give rise to civil liability, or otherwise violate any law, such as material which is threatening, defamatory, obscene, or profane. 

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post may be sued by Apogee or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Apogee is free to use any ideas, concepts, know-how, or techniques contained in any communication that you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Disclaimer
YOUR USE OF THE SITE, ITS CONTENTS, AND ANY PRODUCTS OR SERVICES OFFERED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APOGEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, APOGEE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT APOGEE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Indemnification
You agree to indemnify and hold Apogee, its subsidiaries, affiliates, officers, agents, licensees, co-branders or other partners, and employees, harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of the Site, its Marks, Materials or other content.

Governing Law; Consent to Jurisdiction
You agree that these Terms of Use are governed by the laws of the State of Texas and that proper and convenient venue lies exclusively with the courts of Dallas County, Texas. You agree to be subject to the personal jurisdiction of the State and federal courts sitting in Dallas County, Texas, U.S.A. or in the United States District Court by the Northern District of Texas in the event that any litigation results concerning any aspect arising out of these Terms of Use and Service. You agree that the statute of limitations for any claim against Apogee shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived. 

Apogee Privacy Policy 
On-line purchase information and certain other information about you is subject to our Privacy Policy. For more information, please see our full online store privacy policy here.

Limitation On Liability
YOU AGREE THAT APOGEE OR ITS LICENSOR(S) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEB SITE, THE INFORMATION CONTAINED THEREIN AND ITS OPERATING SOFTWARE, EVEN IF APOGEE OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Product Information
Product offers, prices, terms and other information provided herein are subject to change without notice. You should ascertain the appropriateness of any product as it may pertain to your intended purpose and needs.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND APOGEE WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND APOGEE RELATING TO YOUR USE OF THE WEB SITE.

If you have any questions or comments about our Terms of Use, you can contact us at scottm@3drealms.com.