215 lines
12 KiB
Plaintext
215 lines
12 KiB
Plaintext
|
|
|||
|
|
LIMITED USE SOFTWARE LICENSE AGREEMENT
|
|||
|
|
|
|||
|
|
This Limited Use Software License Agreement (this “Agreement”) is a legal
|
|||
|
|
agreement between you, the end-user, and Id Software, Inc. (“ID”).
|
|||
|
|
BY CONTINUING THE INSTALLATION OF THIS SOFTWARE (THE “SOFTWARE”), BY
|
|||
|
|
DOWNLOADING, 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 and limited right to use
|
|||
|
|
the Software only for the uses permitted in section 3. hereinbelow. The
|
|||
|
|
term “Software” includes all elements of the Software. You are not
|
|||
|
|
receiving any ownership or proprietary right, title or interest in or to
|
|||
|
|
the Software or the copyrights, trademarks, or other rights related
|
|||
|
|
thereto. For purposes of the first sentence 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
|
|||
|
|
and means the uses permitted in section 3. hereinbelow. 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 shall not be downloaded or otherwise exported or re-exported
|
|||
|
|
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, whether 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. distribute the Software (except as permitted by section 3.
|
|||
|
|
hereinbelow);
|
|||
|
|
|
|||
|
|
e. in any other manner and through any medium whatsoever
|
|||
|
|
commercially exploit the Software or use the Software for
|
|||
|
|
any commercial purpose;
|
|||
|
|
|
|||
|
|
f. disassemble, reverse engineer, decompile, modify (except as
|
|||
|
|
permitted by Section 3. hereinbelow) or alter the Software;
|
|||
|
|
|
|||
|
|
g. translate the Software;
|
|||
|
|
|
|||
|
|
h. reproduce or copy the Software (except as permitted by section
|
|||
|
|
3. hereinbelow);
|
|||
|
|
|
|||
|
|
i. publicly display the Software;
|
|||
|
|
|
|||
|
|
j. prepare or develop derivative works based upon the Software;
|
|||
|
|
|
|||
|
|
k. remove or alter any legal notices or other markings or legends,
|
|||
|
|
such as trademark and copyright notices, affixed on or within
|
|||
|
|
the Software; or
|
|||
|
|
|
|||
|
|
l. remove, alter, modify, disable or reduce any of the anti-piracy
|
|||
|
|
measures or components contained in the QUAKE III ARENA game,
|
|||
|
|
including, without limitation, the CD key system and the CD
|
|||
|
|
check.
|
|||
|
|
|
|||
|
|
3. Permitted Uses.
|
|||
|
|
|
|||
|
|
a. So long as this Agreement accompanies each copy you make of the
|
|||
|
|
Software, and so long as you fully comply, at all times, with this
|
|||
|
|
Agreement, ID grants to you the non-exclusive and limited right to
|
|||
|
|
distribute copies of the Software free of charge for non-commercial
|
|||
|
|
purposes by electronic means only and the non-exclusive and limited
|
|||
|
|
right to use the Software to create your own modifications (the “New
|
|||
|
|
Creations”) for operation only with the full version of the software
|
|||
|
|
game QUAKE III ARENA; provided, however, you shall not make any New
|
|||
|
|
Creations unless and until you have agreed to be bound by the terms
|
|||
|
|
of this Agreement and of the LIMITED USE SOFTWARE LICENSE AGREEMENT
|
|||
|
|
which accompanies the full version of QUAKE III ARENA. Other than
|
|||
|
|
the electronic copies permitted above, you may make only the
|
|||
|
|
following copies of the Software: (i) you may copy the Software 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. You shall not use, copy or distribute the Software in any
|
|||
|
|
infringing manner or in any manner which violates any law or third
|
|||
|
|
party right and you shall not distribute the Software together with
|
|||
|
|
any material which infringes against any third party right or which
|
|||
|
|
is libelous, defamatory, obscene, false, misleading, or otherwise
|
|||
|
|
illegal or unlawful. ID reserves all rights not granted in this
|
|||
|
|
Agreement, including, without limitation, all rights to ID’s
|
|||
|
|
trademarks. You shall not commercially distribute the Software.
|
|||
|
|
|
|||
|
|
b. You shall not create any New Creations which infringe against
|
|||
|
|
any third party right or which are libelous, defamatory, obscene,
|
|||
|
|
false, misleading or otherwise illegal or unlawful. You agree that
|
|||
|
|
the New Creations 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 New Creations in
|
|||
|
|
violation of any applicable law. The New Creations shall not be
|
|||
|
|
downloaded or otherwise exported or re-exported 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. You shall not
|
|||
|
|
rent, sell, lease, lend, offer on a pay-per-play basis or otherwise
|
|||
|
|
commercially exploit or commercially distribute the New Creations.
|
|||
|
|
You are only permitted to distribute, without any cost or
|
|||
|
|
charge, the New Creations to other end-users so long as such
|
|||
|
|
distribution is not infringing against any third party right and is
|
|||
|
|
not otherwise illegal or unlawful. As noted below, in the event you
|
|||
|
|
commercially distribute or commercial exploit the New Creations or
|
|||
|
|
commit any other breach of this Agreement, your licenses, and this
|
|||
|
|
Agreement, shall automatically terminate, without notice.
|
|||
|
|
|
|||
|
|
4. Intellectual Property Rights. 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, WHETHER ORAL
|
|||
|
|
OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE
|
|||
|
|
RELIED UPON. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION
|
|||
|
|
OF THIS AGREEMENT.
|
|||
|
|
|
|||
|
|
6. Governing Law, Venue, Indemnity 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. You agree to indemnify, defend
|
|||
|
|
and hold harmless ID and ID’s officers, employees, directors, agents,
|
|||
|
|
licensees (excluding you), successors and assigns from and against all
|
|||
|
|
losses, lawsuits, damages, causes of action and claims relating to
|
|||
|
|
and/or arising from: (i) your breach of this Agreement; and/or (ii)
|
|||
|
|
your distribution or other use of the Software; and/or (iii) your
|
|||
|
|
distribution or other use of the New Creations. You agree that your
|
|||
|
|
unauthorized use of the Software, or any part thereof, may immediately
|
|||
|
|
and irreparably damage ID such that ID could not be adequately
|
|||
|
|
compensated solely by a monetary award and that at ID’s option ID
|
|||
|
|
shall be entitled to an injunctive order, in addition to all other
|
|||
|
|
available remedies including a monetary award, appropriately
|
|||
|
|
restraining and/or prohibiting such unauthorized use without the
|
|||
|
|
necessity of ID posting bond or other security. IN ANY CASE, ID AND
|
|||
|
|
ID’S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES,
|
|||
|
|
SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF
|
|||
|
|
PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
|
|||
|
|
PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR
|
|||
|
|
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT
|
|||
|
|
LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENTS HAVE 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. This Section 6. shall survive cancellation or
|
|||
|
|
termination of this Agreement.
|
|||
|
|
|
|||
|
|
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. §§ 227.7201 through 227.7204,
|
|||
|
|
inclusive.
|
|||
|
|
|
|||
|
|
8. General Provisions. 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 of competent jurisdiction, the validity and
|
|||
|
|
enforceability of the other provisions shall not be affected thereby.
|
|||
|
|
If any provision is determined to be unenforceable by a court of
|
|||
|
|
competent jurisdiction, 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. Immediately
|
|||
|
|
upon your failure to comply with, or immediately upon your breach of,
|
|||
|
|
any term or provision of this Agreement, THIS AGREEMENT AND YOUR
|
|||
|
|
LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID MAY
|
|||
|
|
PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER
|
|||
|
|
APPLICABLE LAW AND/OR THIS AGREEMENT. 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 ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
|
|||
|
|
AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
|
|||
|
|
SOFTWARE, BY DOWNLOADING, LOADING OR RUNNING THE SOFTWARE, OR BY
|
|||
|
|
PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER
|
|||
|
|
RAM OR OTHER STORAGE, 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
|
|||
|
|
REGARDING THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL
|
|||
|
|
PRIOR ORAL AGREEMENTS OR UNDERSTANDINGS AND ANY OTHER COMMUNICATIONS
|
|||
|
|
BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
|
|||
|
|
|
|||
|
|
January 11, 2000 5:41 p.m.
|