Q3AEULA 9.7 KB

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