Ok Folks here is the Vista Fix and yes this works every time

[*]Set properties for the install file to run in XP compatibility mode.
[*]Run the install right clicking as "Run as admin"
[*]download
http://www.d3drmdll.com/downloads/d3drm.zip From
http://www.d3drmdll.com which is a SAFE SITE.
This file is the Dynamic Link Library for Direct3D Retained Mode (now obsolete not included with vista). adding this file to your c:windowssystem32 directory will allow this game and many others to run using this old library.
Hope this helps and it does seem to be worth the download (the game that is)
Pete