SLICNSE.TXT 9.6 KB

123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176
  1. SHAREWARE VERSION: QUAKE
  2. LIMITED USE SOFTWARE LICENSE AGREEMENT
  3. This Limited Use Software License Agreement (the "Agreement") is a
  4. legal agreement between you, the end-user, and id Software, Inc.
  5. ("ID"). By continuing the installation of this game program, by
  6. loading or running the game, or by placing or copying the game
  7. program onto your computer hard drive, you are agreeing to be bound
  8. by the terms of this Agreement.
  9. ID SOFTWARE LICENSE
  10. 1. Grant of License. ID grants to you the limited right to use
  11. one (1) copy of the enclosed or foregoing Id Software game program
  12. (the "Software"), which is the shareware version or episode one of
  13. the game program. For purposes of this section, "use" means loading
  14. the Software into RAM, as well as installation on a hard disk or
  15. other storage device. You agree that the Software will not be
  16. shipped, transferred or exported into any country in violation of
  17. the U.S. Export Administration Act (or any other law governing such
  18. matters) and that you will not utilize, in any other manner, the
  19. Software in violation of any applicable law.
  20. 2. Commercial Use is Prohibited. Under no circumstances shall
  21. you, the end-user, be permitted, allowed or authorized to
  22. commercially exploit the Software, or any portion thereof, such
  23. as a screen display or a screenshot. Neither you nor anyone at your
  24. direction shall do any of the following acts:
  25. a. Rent the Software;
  26. b. Sell the Software;
  27. c. Lease or lend the Software;
  28. d. Offer the Software on a pay-per-play basis;
  29. e. Distribute the Software for money or any other
  30. consideration; or
  31. f. In any other manner and through any medium
  32. whatsoever commercially exploit the Software or use
  33. the Software for any commercial purpose.
  34. 3. Additional Prohibited Uses. Neither you, nor anyone at your
  35. direction, shall take the following action in regard to the
  36. Software, or any portion thereof, such as a screen display or
  37. a screenshot:
  38. a. Modify, disassemble, reverse engineer or decompile
  39. the Software;
  40. b. Translate the Software;
  41. c. Reproduce the Software;
  42. d. Publicly display the Software; or
  43. e. Prepare derivative works based upon the Software.
  44. 4. Use of Other Material is Prohibited. Use, in any manner, of
  45. the trademarks, such as Quake(tm) and the NIN(r) logo, logos, symbols,
  46. art work, images, screen displays or screenshots, sound effects, music,
  47. and other such material contained within, generated by or relating to
  48. the Software is prohibited.
  49. 5. Restrictions Apply to Third Parties. The prohibitions and
  50. restrictions described herein apply to anyone in possession of
  51. the Software.
  52. 6. Permitted Distribution. So long as this Agreement
  53. accompanies the Software at all times, ID grants to Providers the
  54. limited right to distribute, free of charge, except normal access
  55. fees, and by electronic means only, the Software; provided, however,
  56. the Software must be so electronically distributed only in a
  57. compressed format. The term "Providers," as used in the foregoing
  58. sentence, shall mean persons whose business it is to provide
  59. services on the Internet, on commercial online networks, or on the
  60. BBS. Anyone who receives the Software from a Provider shall be
  61. limited to all the terms and conditions of this Agreement. Further,
  62. ID grants to you, the end-user, the limited right to distribute,
  63. free of charge only, the Software as a whole.
  64. 7. Copyright. The Software is owned by ID and is protected by
  65. United States copyright laws and international treaty provisions.
  66. You must treat the Software like any other copyrighted material,
  67. except that you may make copies of the Software to give to other
  68. persons. You may not charge or receive any consideration from any
  69. other person for the receipt or use of the Software. You agree to
  70. use your best efforts to see that any user of the Software licensed
  71. hereunder complies with this Agreement.
  72. 8. Limited Warranty. ID warrants that if properly installed and
  73. operated on a computer for which it is designed, the Software will
  74. perform substantially in accordance with its designed purpose for a
  75. period of ninety (90) days from the date the Software is first
  76. obtained by an end-user. ID's entire liability and your exclusive
  77. remedy shall be, at ID's option, either (a) return of the retail
  78. price paid, if any, or (b) repair or replacement of the Software
  79. that does not meet ID's Limited Warranty. To make a warranty claim,
  80. return the Software to the point of purchase, accompanied by proof
  81. of purchase, your name, your address, and a statement of defect, or
  82. return the Software with the above information to ID. This Limited
  83. Warranty is void if failure of the Software has resulted in whole
  84. or in part from accident, abuse, misapplication or violation of this
  85. Agreement. Any replacement Software will be warranted for the
  86. remainder of the original warranty period or thirty (30) days,
  87. whichever is longer. This warranty allocates risks of product
  88. failure between Licensee and ID. ID's product pricing reflects this
  89. allocation of risk and the limitations of liability contained in
  90. this warranty.
  91. 9. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER WARRANTIES,
  92. EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
  93. WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A pARTICULAR PURPOSE
  94. WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS,
  95. IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
  96. MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. ID
  97. DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
  98. UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS.
  99. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS
  100. WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
  101. DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE
  102. MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF
  103. OF ID. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
  104. PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES
  105. BY ID AND SHOULD NOT BE RELIED UPON.
  106. 10. Exclusive Remedies. You agree that your exclusive remedy
  107. against ID, its affiliates, contractors, suppliers, and agents for
  108. loss or damage caused by any defect or failure in the Software
  109. regardless of the form of action, whether in contract,tort,
  110. including negligence, strict liability or otherwise, shall be the
  111. return of the retail purchase price paid, if any, or replacement of
  112. the Software. This Agreement shall be construed in accordance with
  113. and governed by the laws of the State of Texas. Copyright and other
  114. proprietary matters will be governed by United States laws and
  115. international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS
  116. OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
  117. CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH
  118. OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY
  119. EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
  120. DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do
  121. not allow the exclusion or limitation of incidental or consequential
  122. damages, so the above limitation or exclusion may not apply to you.
  123. 11. General Provisions. Neither this Agreement nor any part or
  124. portion hereof shall be assigned or sublicensed, except as described
  125. herein. Should any provision of this Agreement be held to be void,
  126. invalid, unenforceable or illegal by a court, the validity and
  127. enforceability of the other provisions shall not be affected thereby.
  128. If any provision is determined to be unenforceable, you agree to a
  129. modification of such provision to provide for enforcement of the
  130. provision's intent, to the extent permitted by applicable law. Failure
  131. of a party to enforce any provision of this Agreement shall not
  132. constitute or be construed as a waiver of such provision or of the
  133. right to enforce such provision. If you fail to comply with any terms
  134. of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
  135. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
  136. THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION
  137. OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
  138. OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO
  139. BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER
  140. AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND
  141. YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE
  142. RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES
  143. ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY
  144. OTHER COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT
  145. MATTER OF THIS AGREEMENT.
  146. June 21, 1996
  147. SHAREWARE VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT
  148. (DWC:dw:3406.0024:DWC\doc:1163)