RLICNSE.TXT 10 KB

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  1. REGISTERED VERSION: QUAKE
  2. LIMITED USE SOFTWARE LICENSE AGREEMENT
  3. This Limited Use Software License Agreement (the
  4. "Agreement") is a legal agreement between you, the end-user, and Id
  5. Software, Inc. ("ID"). By continuing the installation of this game
  6. program, by loading or running the game, or by placing or copying
  7. the game program onto your computer hard drive, you are agreeing to
  8. be bound by the terms of this Agreement. If you do not agree to
  9. the terms of this Agreement, promptly return the game program and
  10. the accompanying items (including all written materials), along
  11. with your receipt to the place from where you obtained them for a
  12. full refund.
  13. ID SOFTWARE LICENSE
  14. 1. Grant of License. ID grants to you the limited
  15. right to use one (1) copy of the enclosed or foregoing game program
  16. (the "Software") on a single computer. You have no ownership or
  17. proprietary rights in or to the Software or the written materials
  18. accompanying the Software. For purposes of this section, "use"
  19. means loading the Software into RAM, as well as installation on a
  20. hard disk or other storage device. You may create a map editor,
  21. modify maps and make your own maps (collectively referenced as the
  22. "Permitted Derivative Works") for the Software. Permitted
  23. Derivative Works may not be sold, whether by you or by any other
  24. person or entity, but you may exchange the Permitted Derivative
  25. Works at no charge amongst other end-users. The Software, together
  26. with any archive copy thereof, shall be either returned to ID or
  27. destroyed when no longer used in accordance with this Agreement, or
  28. when the right to use the Software is terminated. You agree that
  29. the Software will not be shipped, transferred or exported into any
  30. country in violation of the U.S. Export Administration Act (or any
  31. other law governing such matters) and that you will not utilize, in
  32. any other manner, the Software in violation of any applicable law.
  33. 2. Commercial Use is Prohibited. Except as provided in
  34. paragraph 5. hereinbelow in regard to the Software, under no
  35. circumstances shall you, the end-user, be permitted, allowed or
  36. authorized to commercially exploit the Software, any data
  37. comprising the Software. Neither you nor anyone at your direction
  38. shall do any of the following acts (any such acts shall be deemed
  39. void and a breach of this Agreement) with regard to the Software,
  40. or any portion thereof, such as a screen display or a screenshot:
  41. a. Rent the Software;
  42. b. Sell the Software;
  43. c. Lease or lend the Software;
  44. d. Offer the Software on a pay-per-play basis;
  45. e. Distribute, by electronic means or otherwise, the
  46. Software for money or any other consideration; or
  47. f. In any other manner and through any medium
  48. whatsoever commercially exploit the Software or use
  49. the Software for any commercial purpose.
  50. 3. Additional Prohibited Uses. Neither you nor anyone
  51. at your direction shall take the following action in regard to the
  52. Software, or any portion thereof, such as a screen display or a
  53. screenshot:
  54. a. Modify, disassemble, reverse engineer or decompile
  55. the Software;
  56. b. Translate the Software;
  57. c. Reproduce the Software;
  58. d. Publicly display the Software;
  59. e. Prepare derivative works based upon the Software
  60. (except Permitted Derivative Works); or
  61. f. Distribute, by electronic means or otherwise, the
  62. Software.
  63. 4. Use of Other Material is Prohibited. Use, in any manner, of
  64. the trademarks, such as Quake(tm) and the NIN(r) logo, logos, symbols,
  65. art work, images, screen displays or screenshots, sound effects, music,
  66. and other such material contained within, generated by or relating to
  67. the Software is prohibited.
  68. 5. To Receive Permission to Commercially Exploit. If
  69. you desire to commercially exploit the Software, you may execute
  70. the Commercial Exploitation License Agreement for QUAKE (the
  71. "License") contained within the QUAKE install package and forward
  72. the original License to Id Software at the address noted therein.
  73. Please note that ID may refuse your request and not sign the
  74. License in ID's sole discretion.
  75. 6. Restrictions Apply to Third Parties. The
  76. prohibitions and restrictions described herein apply to anyone in
  77. possession of the Software and/or Permitted Derivative Works.
  78. 7. Copyright. The Software and all copyrights related
  79. thereto (including all characters and other images generated by the
  80. Software or depicted in the Software) is owned by ID and is protected
  81. by United States copyright laws and international treaty provisions.
  82. You must treat the Software like any other copyrighted material,
  83. except that you may either (a) make one copy of the Software solely
  84. for back-up or archival purposes, or (b) transfer the Software to a
  85. single hard disk provided you keep the original solely for back-up or
  86. archival purposes. You may not otherwise reproduce, copy or disclose
  87. to others, in whole or in any part, the Software. You may not copy
  88. the written materials accompanying the Software. The same
  89. restrictions and prohibitions regarding your use of the Software as
  90. provided in this Agreement apply to your use of the written materials
  91. accompanying the Software. The written materials are owned by ID and
  92. are protected by United States copyright laws and international
  93. treaties. You agree to use your best efforts to see that any user of
  94. the Software licensed hereunder complies with this Agreement.
  95. 8. Limited Warranty. ID warrants that if properly
  96. installed and operated on a computer for which it is designed, the
  97. Software will perform substantially in accordance with the
  98. accompanying written materials for a period of ninety (90) days
  99. from the date of purchase of the Software. ID's entire liability
  100. and your exclusive remedy shall be, at ID's option, either (a)
  101. return of the price paid or (b) repair or replacement of the
  102. Software that does not meet ID's Limited Warranty. To make a
  103. warranty claim, return the Software to the point of purchase,
  104. accompanied by proof of purchase, your name, your address, and a
  105. statement of defect, or return the Software with the above
  106. information to ID. This Limited Warranty is void if failure of the
  107. Software has resulted in whole or in part from accident, abuse,
  108. misapplication or violation of this Agreement. Any replacement
  109. Software will be warranted for the remainder of the original
  110. warranty period or thirty (30) days from your receipt of the
  111. replacement software, whichever is longer. This warranty allocates
  112. risks of product failure between Licensee and ID. ID's product
  113. pricing reflects this allocation of risk and the limitations of
  114. liability contained in this warranty.
  115. 9. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER
  116. WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO,
  117. IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
  118. PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN
  119. MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
  120. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
  121. JURISDICTION. ID DOES NOT WARRANT THAT THE OPERATION OF THE
  122. SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S
  123. SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF
  124. ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS,
  125. EMPLOYEES, DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO
  126. MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON
  127. BEHALF OF ID. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
  128. PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE
  129. WARRANTIES BY ID AND SHOULD NOT BE RELIED UPON.
  130. 10. Exclusive Remedies. You agree that your exclusive
  131. remedy against ID, its affiliates, contractors, suppliers, and
  132. agents for loss or damage caused by any defect or failure in the
  133. Software regardless of the form of action, whether in contract,
  134. tort, including negligence, strict liability or otherwise, shall be
  135. the return of the purchase price paid or replacement of the
  136. Software. This Agreement shall be construed in accordance with and
  137. governed by the laws of the State of Texas. Copyright and other
  138. proprietary matters will be governed by United States laws and
  139. international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR
  140. LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
  141. CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM
  142. BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL
  143. THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY
  144. OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some
  145. jurisdictions do not allow the exclusion or limitation of
  146. incidental or consequential damages, so the above limitation or
  147. exclusion may not apply to you.
  148. 11. General Provisions. Neither this Agreement nor any
  149. part or portion hereof shall be assigned, sublicensed or otherwise
  150. transferred by you. Should any provision of this Agreement be held
  151. to be void, invalid, unenforceable or illegal by a court, the
  152. validity and enforceability of the other provisions shall not be
  153. affected thereby. If any provision is determined to be
  154. unenforceable, you agree to a modification of such provision to
  155. provide for enforcement of the provision's intent, to the extent
  156. permitted by applicable law. Failure of a party to enforce any
  157. provision of this Agreement shall not constitute or be construed as
  158. a waiver of such provision or of the right to enforce such
  159. provision. If you fail to comply with any terms of this Agreement,
  160. YOUR LICENSE IS AUTOMATICALLY TERMINATED.
  161. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
  162. UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE
  163. INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR
  164. BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU
  165. AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU
  166. FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID
  167. AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE
  168. RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL
  169. PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER
  170. COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF
  171. THIS AGREEMENT.
  172. June 21, 1996
  173. REGISTERED VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT Page 4
  174. (DWC:dw:3406.0024:DWC\doc:1164)