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Interesting... I'm running on Win10 myself. That error is because the shader than handles palettes didn't compile properly, and that in turn might be a problem with your graphics card running ShaderModel2 instead of ShaderModel3. ShaderModel3 is so ubiquitous nowadays I don't even check whether the shader compilation worked properly in the engine, but that might be a good idea after all.

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btw...the usual thing is directx9 just isnt installed.