This VENDOR.DOC describes the only terms by which we (Vivvid Technologies, 179 Farrs Rd. , Kingston TN 37763, (615) 376-1695)) permit Commercial Distribution of this Program. "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 1.0 and its related files (including this one) distributed by us under the mark "Batlstar" as it may be upgraded or otherwise modified from time-to-time. 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 Trademark 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] IF YOU DISTRIBUTE BY "RACK" or otherwise allow the Program to be sold in a retail establishment: [A] We reserve the right, in our discretion, to waive or reduce the royalty in the cases of rack vendors who voluntarily: [*] Report customer comments regarding the Program, including compliments, reports of bugs, and feature requests; or [*] Promote the Program by advertisements or prominent displays; or [*] Provide other proper services. C. 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. D. 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 LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. E. MISCELLANY [1] Since we would be irreparably damaged if Section A, B or C 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.