1. Definietly a bigger, commercial title (wasn't shareware or freeware, that's for sure). Can't really tell much about the way of it was distributed, as my uncle had it zipped along with some other games on his hard drive - he probably just pirated it.
2. But I wrote that it was third person

Sorry, maybe I wasn't clear enough. It was a typical 3D third-person action game, with camera showing and following whole character like for example in PoP 3D, not over the shoulder view or something like that.