Lochness Solitaire 1.2

L O C H N E S S S O L I T A I R E V E N D O R D I S T R I B U T I O N A G R E E M E N T

This agreement describes the only terms by which Haversack Software (3040 South
Arizona Ave. Yuma, AZ 85364, 520-726-6212) permit Commercial Distribution of Loch Ness Solitaire.

"Commercially distribute" means to distribute for money or other consideration. It includes
copying onto magnetic disks, CD-ROMs, or any other tangible medium now or subsequently
known, and distribution by retail rack, direct mail, catalog, advertisement, or trade show. It
does *not* include distribution by any not-for-profit organization, by any hobby, user or
computer interest group to its members, or electronically by any BBS.

"Program" means this Version 1 and its related files (including this one) distributed by us
under the marks "Loch Ness Solitaire" by "Haversack Software" (collectively, the "Trademark"),
as it may be upgraded or otherwise modified from time-to-time.

Distribution is "non-commercial" when for free, or by any not-for-profit corporation or
tax exempt organization, or by hobby, user or computer interest group to its members,
or by a BBS.

A. OWNERSHIP: Except to the extent expressly licensed by us, we have and reserve
the exclusive copyright and other right, title, and interest to distribute the Program and all
earlier versions of it, and the right to use the Trademarks in connection with them.

B. THINGS YOU MUST DO: You may Commercially Distribute the Program under this License
so long as you:
[1] Market it as shareware using "try before you buy" or similar words,
[2] Try to sell only the most current version of it,
[3] Make distribution copies only from master copies received directly from us using
high quality disks and duplication technology,
[4] Distribute the complete Program including all of its related files, each in compressed
or other format as released by us,
[5] Clearly and obviously mark all promotional material that the program is SHAREWARE.

C. THINGS YOU CANNOT DO: You may not commercially distribute the program in any
of the following ways without written permission from us:
[1] You man NOT sell Word Solitaire in a retail location without a signed royalty agreement.
[2] You may NOT sell Word Solitaire on a CDROM without a signed royalty agreement.

D. Your right to distribute under this license is personal, and does not include any right to
[1] sublicense or otherwise cause any copying or distribution of the Program by anyone
else without our consent in writing, or
[2] rent or lease the Program, or
[3] sell it as part of any hardware or software package.

E. THE PROGRAM IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. WE WILL PROVIDE NO REMEDY
FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM IT,
INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILIITY, OR BREACH OF WARRANTY OR
CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

F. TERM: This License terminates upon 20 days prior written notice by either of us to
the other. If terminated by us by such notice, you may distribute the Program until the earlier
of 30 days after the termination date in the notice, or completion of the distribution of the
copies you have in stock. Sections A, D and G survive the termination of this License.

G. MISCELLANY
[1] Since we would be irreparably damaged if Section A, B, C or D of this License were
not specifically enforced, we will be entitled without bond, other security or proof of damages,
to appropriate equitable remedies with respect to breaches of such sections, in addition to such
other remedies as we may have.
[2] You will hold us, our partners, contractors, employees and agents harmless from damage,
loss and expense arising directly or indirectly from your acts and omissions in copying and
distributing the Program.
[3] With respect to every matter arising under this License, you consent to the exclusive
jurisdiction of the state and federal courts sitting in Phoenix, Arizona, and to service by
certified mail, return receipt requested, or as otherwise permitted by law.