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- LIMITED COMPATIBILITY TESTING AND RECREATIONAL
- USE SOFTWARE TEST LICENSE AGREEMENT
- This Limited Compatibility Testing and Recreational Use Software Test
- License Agreement (the "Agreement") is a legal agreement between you, the
- end-user, and Id Software, Inc. ("ID"). BY CONTINUING THE INSTALLATION
- OF THIS TEST VERSION OF THE GAME 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 limited right to use this
- Software only in executable or object code form and only for the purpose
- of testing the compatibility of your computer system with the Software
- and for non-commercial, recreational purposes. The term "Software"
- includes all elements of the Software such as 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.
- 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 reexported
- 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 by electronic means, as permitted
- by section 3. hereinbelow) by any means, including, but not limited to
- direct mail, retail, mail order or other means;
- 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, disassemble, decompile, modify
- or alter 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;
- l. remove or alter any legal notices, such as trademark and copyright
- notices, affixed on or within the Software; or
- m. create or develop extra or add-on levels for the Software.
- 3. Permitted Electronic Distribution and Copying. So long as this
- Agreement accompanies the Software at all times, ID grants to you the
- limited right to distribute, free of charge, and by electronic means
- only, the Software. Anyone who receives the Software shall be limited to
- all the terms and conditions of this Agreement. You may make only the
- following copies of the Software: (i) you may download the Software
- from the Internet and onto your computer hard drive; (ii) you may copy
- the Software from your computer hard drive into your computer RAM; and
- (iii) you may make one (1) "back up" or archival copy of the Software
- on one (1) hard disk.
- 4. Copyright. 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.
- 6. Governing Law, Venue 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.
- IN ANY CASE, NEITHER ID NOR ID'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS,
- LICENSEES, SUBLICENSEES, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF
- DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
- INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF
- WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY,
- OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS 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.
- 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. ¤¤ 227.7202-1 through 227.7204,
- inclusive.
- 8. General Provisions. A copy of all notices or other correspondence
- which you send to ID shall also be sent by you to ID's counsel:
- D. Wade Cloud, Jr.
- HIERSCHE, MARTENS, HAYWARD, DRAKELEY & URBACH, P.C.
- 15303 Dallas Parkway, Suite 700
- Dallas, TX 75248
- (972) 701-7000
- Facsimile: (972) 701-8765
- 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,
- the validity and enforceability of the other provisions shall not be
- affected thereby. If any provision is determined to be unenforceable,
- 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. If you fail to comply with any term of this
- Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE AND
- ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE
- UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. You agree that in the event
- of litigation relating to this Agreement, the prevailing litigant shall
- be entitled to recover the prevailing litigant's attorneys' fees and
- expenses and costs of court in addition to all other relief available
- under this Agreement and/or applicable law. 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 agree that your unauthorized use
- of any ID property, whether in whole or in part, would immediately and
- irreparably damage ID such that ID could not be adequately compensated
- by an award of monetary damages, and in the event of such threatened
- or actual unauthorized use ID shall be entitled to an injunctive order
- appropriately restraining and/or prohibiting such unauthorized use
- without the necessity of ID posting bond or other security.
- 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.
- April 23, 1999 5:11 p.m.
- LIMITED COMPATIBILITY TESTING AND RECREATIONAL USE SOFTWARE
- TEST LICENSE AGREEMENT Page 4
- 3406.0586\C:\DWC\DOC\2082.DOC
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