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- REGISTERED VERSION: QUAKE
- 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
- program, by loading or running the game, or by placing or copying
- the game program onto your computer hard drive, you are agreeing to
- be bound by the terms of this Agreement. If you do not agree to
- the terms of this Agreement, promptly return the game program and
- the accompanying items (including all written materials), along
- with your receipt to the place from where you obtained them for a
- full refund.
- ID SOFTWARE LICENSE
- 1. Grant of License. ID grants to you the limited
- right to use one (1) copy of the enclosed or foregoing game program
- (the "Software") on a single computer. You have no ownership or
- proprietary rights in or to the Software or the written materials
- accompanying the Software. For purposes of this section, "use"
- means loading the Software into RAM, as well as installation on a
- hard disk or other storage device. You may create a map editor,
- modify maps and make your own maps (collectively referenced as the
- "Permitted Derivative Works") for the Software. Permitted
- Derivative Works may not be sold, whether by you or by any other
- person or entity, but you may exchange the Permitted Derivative
- Works at no charge amongst other end-users. The Software, together
- with any archive copy thereof, shall be either returned to ID or
- destroyed when no longer used in accordance with this Agreement, or
- when the right to use the Software is terminated. 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) and that you will not utilize, in
- any other manner, the Software in violation of any applicable law.
- 2. Commercial Use is Prohibited. Except as provided in
- paragraph 5. hereinbelow in regard to the Software, under no
- circumstances shall you, the end-user, be permitted, allowed or
- authorized to commercially exploit the Software, any data
- comprising the Software. Neither you nor anyone at your direction
- shall do any of the following acts (any such acts shall be deemed
- void and a breach of this Agreement) with regard to the Software,
- or any portion thereof, such as a screen display or a screenshot:
- 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, by electronic means or otherwise, the
- Software for money or any other consideration; or
- f. In any other manner and through any medium
- whatsoever commercially exploit the Software or use
- the Software for any commercial purpose.
-
- 3. Additional Prohibited Uses. Neither you nor anyone
- at your direction shall take the following action in regard to the
- Software, or any portion thereof, such as a screen display or a
- screenshot:
- a. Modify, disassemble, reverse engineer or decompile
- the Software;
- b. Translate the Software;
- c. Reproduce the Software;
- d. Publicly display the Software;
- e. Prepare derivative works based upon the Software
- (except Permitted Derivative Works); or
- f. Distribute, by electronic means or otherwise, the
- Software.
- 4. Use of Other Material is Prohibited. Use, in any manner, of
- the trademarks, such as Quake(tm) and the NIN(r) logo, logos, symbols,
- art work, images, screen displays or screenshots, sound effects, music,
- and other such material contained within, generated by or relating to
- the Software is prohibited.
- 5. To Receive Permission to Commercially Exploit. If
- you desire to commercially exploit the Software, you may execute
- the Commercial Exploitation License Agreement for QUAKE (the
- "License") contained within the QUAKE install package and forward
- the original License to Id Software at the address noted therein.
- Please note that ID may refuse your request and not sign the
- License in ID's sole discretion.
- 6. Restrictions Apply to Third Parties. The
- prohibitions and restrictions described herein apply to anyone in
- possession of the Software and/or Permitted Derivative Works.
- 7. Copyright. The Software and all copyrights related
- thereto (including all characters and other images generated by the
- Software or depicted in the Software) is owned by ID and is protected
- by United States copyright laws and international treaty provisions.
- You must treat the Software like any other copyrighted material,
- except that you may either (a) make one copy of the Software solely
- for back-up or archival purposes, or (b) transfer the Software to a
- single hard disk provided you keep the original solely for back-up or
- archival purposes. You may not otherwise reproduce, copy or disclose
- to others, in whole or in any part, the Software. You may not copy
- the written materials accompanying the Software. The same
- restrictions and prohibitions regarding your use of the Software as
- provided in this Agreement apply to your use of the written materials
- accompanying the Software. The written materials are owned by ID and
- are protected by United States copyright laws and international
- treaties. You agree to use your best efforts to see that any user of
- the Software licensed hereunder complies with this Agreement.
- 8. Limited Warranty. ID warrants that if properly
- installed and operated on a computer for which it is designed, the
- Software will perform substantially in accordance with the
- accompanying written materials for a period of ninety (90) days
- from the date of purchase of the Software. ID's entire liability
- and your exclusive remedy shall be, at ID's option, either (a)
- return of the price paid or (b) repair or replacement of the
- Software that does not meet ID's Limited Warranty. To make a
- warranty claim, return the Software to the point of purchase,
- accompanied by proof of purchase, your name, your address, and a
- statement of defect, or return the Software with the above
- information to ID. This Limited Warranty is void if failure of the
- Software has resulted in whole or in part from accident, abuse,
- misapplication or violation of this Agreement. Any replacement
- Software will be warranted for the remainder of the original
- warranty period or thirty (30) days from your receipt of the
- replacement software, whichever is longer. This warranty allocates
- risks of product failure between Licensee and ID. ID's product
- pricing reflects this allocation of risk and the limitations of
- liability contained in this warranty.
- 9. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER
- WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO,
- IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
- PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN
- MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
- YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
- JURISDICTION. ID DOES NOT WARRANT THAT THE OPERATION OF THE
- SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S
- SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF
- ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS,
- EMPLOYEES, DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO
- MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON
- BEHALF OF ID. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
- PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE
- WARRANTIES BY ID AND SHOULD NOT BE RELIED UPON.
- 10. Exclusive Remedies. You agree that your exclusive
- remedy against ID, its affiliates, contractors, suppliers, and
- agents for loss or damage caused by any defect or failure in the
- Software regardless of the form of action, whether in contract,
- tort, including negligence, strict liability or otherwise, shall be
- the return of the purchase price paid or replacement of the
- Software. This Agreement shall be construed in accordance with and
- governed by the laws of the State of Texas. Copyright and other
- proprietary matters will be governed by United States laws and
- international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR
- LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
- CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM
- BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL
- THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY
- OF SUCH DAMAGES, OR 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.
- 11. General Provisions. Neither this Agreement nor any
- part or portion hereof shall be assigned, sublicensed or otherwise
- transferred by you. 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 a party 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 terms of this Agreement,
- YOUR LICENSE IS AUTOMATICALLY TERMINATED.
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT 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, YOU
- AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. 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. 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.
- June 21, 1996
- REGISTERED VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT Page 4
- (DWC:dw:3406.0024:DWC\doc:1164)
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