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- LIMITED USE SOFTWARE LICENSE AGREEMENT
- This Limited Use Software License Agreement (the "Agreement") is a legal
- agreement between you, the end-user, and Id Software, Inc. ("ID"). BY
- CONTINUING THE INSTALLATION OF THIS GAME DEMO PROGRAM ENTITLED QUAKE III:
- ARENA (THE "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
- OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR
- OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
- AGREEMENT.
- 1. Grant of License. Subject to the terms and provisions of this
- Agreement, ID grants to you the non-exclusive and limited right to use the
- Software only in executable or object code form. The term "Software"
- includes all elements of the Software, including, without limitation, data
- files and screen displays. You are not receiving any ownership or
- proprietary right, title or interest in or to the Software or the
- copyright, trademarks, or other rights related thereto. For purposes of
- this section, "use" means loading the Software into RAM and/or onto
- computer hard drive, as well as installation of the Software on a hard
- disk or other storage device and means the uses permitted in section 3.
- hereinbelow. You agree that the Software will not be shipped,
- transferred or exported into any country in violation of the U.S. Export
- Administration Act (or any other law governing such matters) by you or
- anyone at your direction and that you will not utilize and will not
- authorize anyone to utilize, in any other manner, the Software in
- violation of any applicable law. The Software may not be downloaded
- or otherwise exported or exported into (or to a national or resident
- of) any country to which the U.S. has embargoed goods or to anyone
- or into any country who/which are prohibited, by applicable law, from
- receiving such property.
- 2. Prohibitions. You, either directly or indirectly, shall not do
- any of the following acts:
- a. rent the Software;
- b. sell the Software;
- c. lease or lend the Software;
- d. offer the Software on a "pay-per-play" basis;
- e. distribute the Software (except as permitted by section 3.
- hereinbelow);
- f. in any other manner and through any medium whatsoever
- commercially exploit the Software or use the Software for any commercial
- purpose;
- g. disassemble, reverse engineer, decompile, modify or alter the
- Software including, without limitation, creating or developing extra or
- add-on levels for the Software;
- h. translate the Software;
- i. reproduce or copy the Software (except as permitted by section
- 3. hereinbelow);
- j. publicly display the Software;
- k. prepare or develop derivative works based upon the Software; or
- l. remove or alter any legal notices or other markings or
- legends, such as trademark and copyright notices, affixed on or within
- the Software.
- 3. Permitted Distribution and Copying. So long as this Agreement
- accompanies each copy you make of the Software, and so long as you fully
- comply, at all times, with this Agreement, ID grants to you the
- non-exclusive and limited right to copy the Software and to distribute
- such copies of the Software free of charge for non-commercial purposes
- which shall include the free of charge distribution of copies of the
- Software as mounted on the covers of magazines; provided, however, you
- shall not copy or distribute the Software in any infringing manner or
- in any manner which violates any law or third party right and you shall
- not distribute the Software together with any material which is
- infringing, libelous, defamatory, obscene, false, misleading, or
- otherwise illegal or unlawful. You agree to label conspicuously as
- "SHAREWARE" or "DEMO" each CD or other non-electronic copy of the
- Software that you make and distribute. ID reserves all rights not
- granted in this Agreement. You shall not commercially distribute the
- Software unless you first enter into a separate contract with ID, a
- copy of which you may request, but which ID may decline to execute.
- For more information visit www.quake3arena.com.
- 4. Intellectual Property Rights. The Software and all copyrights,
- trademarks and all other conceivable intellectual property rights related
- to the Software are owned by ID and are protected by United States
- copyright laws, international treaty provisions and all applicable law,
- such as the Lanham Act. You must treat the Software like any other
- copyrighted material, as required by 17 U.S.C., §101 et seq. and other
- applicable law. You agree to use your best efforts to see that any user
- of the Software licensed hereunder complies with this Agreement. You
- agree that you are receiving a copy of the Software by license only
- and not by sale and that the "first sale" doctrine of 17 U.S.C. §109
- does not apply to your receipt or use of the Software.
- 5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
- IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
- SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
- UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC
- REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL
- OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE RELIED
- UPON. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS
- AGREEMENT.
- 6. Governing Law, Venue, Indemnity and Liability Limitation. This
- Agreement shall be construed in accordance with and governed by the
- applicable laws of the State of Texas and applicable United States federal
- law. Copyright and other proprietary matters will be governed by United
- States laws and international treaties. Exclusive venue for all
- litigation regarding this Agreement shall be in Dallas County, Texas
- and you agree to submit to the jurisdiction of the courts in Dallas,
- Texas for any such litigation. You agree to indemnify, defend and hold
- harmless ID and ID's officers, employees, directors, agents, licensees
- (excluding you), successors and assigns from and against all losses,
- lawsuits, damages, causes of action and claims relating to and/or
- arising from your breach of this Agreement. You agree that your
- unauthorized use of the Software, or any part thereof, may immediately
- and irreparably damage ID such that ID could not be adequately
- compensated solely by a monetary award and that at ID's option ID shall
- be entitled to an injunctive order, in addition to all other available
- remedies including a monetary award, appropriately restraining and/or
- prohibiting such unauthorized use without the necessity of ID posting
- bond or other security. IN ANY CASE, ID AND ID'S OFFICERS, EMPLOYEES,
- DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS AND ASSIGNS
- SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,
- SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR
- DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH
- OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL
- THEORY EVEN IF ID OR ITS AGENT HAVE BEEN ADVISED OF THE POSSIBILITY
- OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE
- FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow
- the exclusion or limitation of incidental or consequential damages,
- so the above limitation or exclusion may not apply to you. This
- Section 6. shall survive cancellation or termination of this Agreement.
- 7. U.S. Government Restricted Rights. To the extent applicable,
- the United States Government shall only have those rights to use the
- Software as expressly stated and expressly limited and restricted in
- this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204,
- inclusive.
- 8. General Provisions. Neither this Agreement nor any part or
- portion hereof shall be assigned or sublicensed by you. ID may assign its
- rights under this Agreement in ID's sole discretion. Should any provision
- of this Agreement be held to be void, invalid, unenforceable or illegal by
- a court of competent jurisdiction, the validity and enforceability of the
- other provisions shall not be affected thereby. If any provision is
- determined to be unenforceable by a court of competent jurisdiction, you
- agree to a modification of such provision to provide for enforcement of
- the provision's intent, to the extent permitted by applicable law.
- Failure of ID to enforce any provision of this Agreement shall not
- constitute or be construed as a waiver of such provision or of the right
- to enforce such provision. Immediately upon your failure to comply with
- or breach of any term or provision of this Agreement, THIS AGREEMENT
- AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID
- MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER
- APPLICABLE LAW AND/OR THIS AGREEMENT. In the event this Agreement is
- terminated, you shall have no right to use the Software, in any manner,
- and you shall immediately destroy all copies of the Software in your
- possession, custody or control.
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
- AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
- SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
- THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND
- BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT,
- EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND YOU, THIS
- AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
- LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR
- ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER
- COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF
- THIS AGREEMENT.
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