README.EULA 9.2 KB

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  1. LIMITED COMPATIBILITY TESTING AND RECREATIONAL
  2. USE SOFTWARE TEST LICENSE AGREEMENT
  3. This Limited Compatibility Testing and Recreational Use Software Test
  4. License Agreement (the "Agreement") is a legal agreement between you, the
  5. end-user, and Id Software, Inc. ("ID"). BY CONTINUING THE INSTALLATION
  6. OF THIS TEST VERSION OF THE GAME PROGRAM ENTITLED QUAKE III: ARENA (THE
  7. "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
  8. THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE,
  9. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
  10. 1. Grant of License. Subject to the terms and provisions of this
  11. Agreement, ID grants to you the non-exclusive limited right to use this
  12. Software only in executable or object code form and only for the purpose
  13. of testing the compatibility of your computer system with the Software
  14. and for non-commercial, recreational purposes. The term "Software"
  15. includes all elements of the Software such as data files and screen
  16. displays. You are not receiving any ownership or proprietary right,
  17. title or interest in or to the Software or the copyright, trademarks, or
  18. other rights related thereto. For purposes of this section, "use" means
  19. loading the Software into RAM and/or onto computer hard drive, as well
  20. as installation of the Software on a hard disk or other storage device.
  21. You agree that the Software will not be shipped, transferred or exported
  22. into any country in violation of the U.S. Export Administration Act (or
  23. any other law governing such matters) by you or anyone at your direction
  24. and that you will not utilize and will not authorize anyone to utilize,
  25. in any other manner, the Software in violation of any applicable law.
  26. The Software may not be downloaded or otherwise exported or reexported
  27. into (or to a national or resident of) any country to which the U.S. has
  28. embargoed goods or to anyone or into any country who/which are prohibited,
  29. by applicable law, from receiving such property.
  30. 2. Prohibitions. You, either directly or indirectly, shall not do
  31. any of the following acts:
  32. a. rent the Software;
  33. b. sell the Software;
  34. c. lease or lend the Software;
  35. d. offer the Software on a "pay-per-play" basis;
  36. e. distribute the Software (except by electronic means, as permitted
  37. by section 3. hereinbelow) by any means, including, but not limited to
  38. direct mail, retail, mail order or other means;
  39. f. in any other manner and through any medium whatsoever commercially
  40. exploit the Software or use the Software for any commercial purpose;
  41. g. disassemble, reverse engineer, disassemble, decompile, modify
  42. or alter 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;
  48. l. remove or alter any legal notices, such as trademark and copyright
  49. notices, affixed on or within the Software; or
  50. m. create or develop extra or add-on levels for the Software.
  51. 3. Permitted Electronic Distribution and Copying. So long as this
  52. Agreement accompanies the Software at all times, ID grants to you the
  53. limited right to distribute, free of charge, and by electronic means
  54. only, the Software. Anyone who receives the Software shall be limited to
  55. all the terms and conditions of this Agreement. You may make only the
  56. following copies of the Software: (i) you may download the Software
  57. from the Internet and onto your computer hard drive; (ii) you may copy
  58. the Software from your computer hard drive into your computer RAM; and
  59. (iii) you may make one (1) "back up" or archival copy of the Software
  60. on one (1) hard disk.
  61. 4. Copyright. The Software and all copyrights, trademarks and all
  62. other conceivable intellectual property rights related to the Software
  63. are owned by ID and are protected by United States copyright laws,
  64. international treaty provisions and all applicable law, such as the
  65. Lanham Act. You must treat the Software like any other copyrighted
  66. material, as required by 17 U.S.C., ¤101 et seq. and other applicable law.
  67. You agree to use your best efforts to see that any user of the Software
  68. licensed hereunder complies with this Agreement. You agree that you
  69. are receiving a copy of the Software by license only and not by sale and
  70. that the "first sale" doctrine of 17 U.S.C. ¤109 does not apply to your
  71. receipt or use of the Software.
  72. 5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
  73. OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
  74. MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO
  75. THE SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
  76. WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR
  77. SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS,
  78. WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD
  79. NOT BE RELIED UPON.
  80. 6. Governing Law, Venue and Liability Limitation. This Agreement
  81. shall be construed in accordance with and governed by the applicable laws
  82. of the State of Texas and applicable United States federal law. Copyright
  83. and other proprietary matters will be governed by United States laws and
  84. international treaties. Exclusive venue for all litigation regarding
  85. this Agreement shall be in Dallas County, Texas and you agree to submit to
  86. the jurisdiction of the courts in Dallas, Texas for any such litigation.
  87. IN ANY CASE, NEITHER ID NOR ID'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS,
  88. LICENSEES, SUBLICENSEES, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF
  89. DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
  90. INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF
  91. WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY,
  92. OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE
  93. POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE,
  94. OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not
  95. allow the exclusion or limitation of incidental or consequential damages,
  96. so the above limitation or exclusion may not apply to you.
  97. 7. U.S. Government Restricted Rights. To the extent applicable,
  98. the United States Government shall only have those rights to use the
  99. Software as expressly stated and expressly limited and restricted in
  100. this Agreement, as provided in 48 C.F.R. ¤¤ 227.7202-1 through 227.7204,
  101. inclusive.
  102. 8. General Provisions. A copy of all notices or other correspondence
  103. which you send to ID shall also be sent by you to ID's counsel:
  104. D. Wade Cloud, Jr.
  105. HIERSCHE, MARTENS, HAYWARD, DRAKELEY & URBACH, P.C.
  106. 15303 Dallas Parkway, Suite 700
  107. Dallas, TX 75248
  108. (972) 701-7000
  109. Facsimile: (972) 701-8765
  110. Neither this Agreement nor any part or portion hereof shall be assigned
  111. or sublicensed by you. ID may assign its rights under this Agreement
  112. in ID's sole discretion. Should any provision of this Agreement
  113. be held to be void, invalid, unenforceable or illegal by a court,
  114. the validity and enforceability of the other provisions shall not be
  115. affected thereby. If any provision is determined to be unenforceable,
  116. you agree to a modification of such provision to provide for enforcement
  117. of the provision's intent, to the extent permitted by applicable law.
  118. Failure of ID to enforce any provision of this Agreement shall not
  119. constitute or be construed as a waiver of such provision or of the right
  120. to enforce such provision. If you fail to comply with any term of this
  121. Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE AND
  122. ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE
  123. UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. You agree that in the event
  124. of litigation relating to this Agreement, the prevailing litigant shall
  125. be entitled to recover the prevailing litigant's attorneys' fees and
  126. expenses and costs of court in addition to all other relief available
  127. under this Agreement and/or applicable law. In the event this Agreement
  128. is terminated, you shall have no right to use the Software, in any manner
  129. and you shall immediately destroy all copies of the Software in your
  130. possession, custody or control. You agree that your unauthorized use
  131. of any ID property, whether in whole or in part, would immediately and
  132. irreparably damage ID such that ID could not be adequately compensated
  133. by an award of monetary damages, and in the event of such threatened
  134. or actual unauthorized use ID shall be entitled to an injunctive order
  135. appropriately restraining and/or prohibiting such unauthorized use
  136. without the necessity of ID posting bond or other security.
  137. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
  138. AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
  139. SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
  140. THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND
  141. BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT,
  142. EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT
  143. IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF
  144. THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS,
  145. PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN ID
  146. AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
  147. April 23, 1999 5:11 p.m.
  148. LIMITED COMPATIBILITY TESTING AND RECREATIONAL USE SOFTWARE
  149. TEST LICENSE AGREEMENT Page 4
  150. 3406.0586\C:\DWC\DOC\2082.DOC