215 lines
12 KiB
Plaintext
215 lines
12 KiB
Plaintext
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LIMITED USE SOFTWARE LICENSE AGREEMENT
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This Limited Use Software License Agreement (this “Agreement”) is a legal
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agreement between you, the end-user, and Id Software, Inc. (“ID”).
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BY CONTINUING THE INSTALLATION OF THIS SOFTWARE (THE “SOFTWARE”), BY
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DOWNLOADING, LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
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THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE,
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YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
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1. Grant of License. Subject to the terms and provisions of this
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Agreement, ID grants to you the non-exclusive and limited right to use
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the Software only for the uses permitted in section 3. hereinbelow. The
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term “Software” includes all elements of the Software. You are not
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receiving any ownership or proprietary right, title or interest in or to
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the Software or the copyrights, trademarks, or other rights related
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thereto. For purposes of the first sentence of this section, “use” means
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loading the Software into RAM and/or onto computer hard drive, as well
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as installation of the Software on a hard disk or other storage device
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and means the uses permitted in section 3. hereinbelow. You agree that
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the Software will not be shipped, transferred or exported into any
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country in violation of the U.S. Export Administration Act (or any other
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law governing such matters) by you or anyone at your direction and that
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you will not utilize and will not authorize anyone to utilize, in any
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other manner, the Software in violation of any applicable law. The
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Software shall not be downloaded or otherwise exported or re-exported
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into (or to a national or resident of) any country to which the U.S.
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has embargoed goods or to anyone or into any country who/which are
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prohibited, by applicable law, from receiving such property.
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2. Prohibitions. You, whether directly or indirectly, shall not do
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any of the following acts:
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a. rent the Software;
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b. sell the Software;
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c. lease or lend the Software;
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d. distribute the Software (except as permitted by section 3.
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hereinbelow);
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e. in any other manner and through any medium whatsoever
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commercially exploit the Software or use the Software for
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any commercial purpose;
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f. disassemble, reverse engineer, decompile, modify (except as
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permitted by Section 3. hereinbelow) or alter the Software;
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g. translate the Software;
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h. reproduce or copy the Software (except as permitted by section
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3. hereinbelow);
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i. publicly display the Software;
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j. prepare or develop derivative works based upon the Software;
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k. remove or alter any legal notices or other markings or legends,
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such as trademark and copyright notices, affixed on or within
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the Software; or
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l. remove, alter, modify, disable or reduce any of the anti-piracy
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measures or components contained in the QUAKE III ARENA game,
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including, without limitation, the CD key system and the CD
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check.
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3. Permitted Uses.
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a. So long as this Agreement accompanies each copy you make of the
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Software, and so long as you fully comply, at all times, with this
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Agreement, ID grants to you the non-exclusive and limited right to
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distribute copies of the Software free of charge for non-commercial
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purposes by electronic means only and the non-exclusive and limited
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right to use the Software to create your own modifications (the “New
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Creations”) for operation only with the full version of the software
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game QUAKE III ARENA; provided, however, you shall not make any New
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Creations unless and until you have agreed to be bound by the terms
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of this Agreement and of the LIMITED USE SOFTWARE LICENSE AGREEMENT
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which accompanies the full version of QUAKE III ARENA. Other than
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the electronic copies permitted above, you may make only the
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following copies of the Software: (i) you may copy the Software onto
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your computer hard drive; (ii) you may copy the Software from your
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computer hard drive into your computer RAM; and (iii) you may make
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one (1) “back-up” or archival copy of the Software on one (1) hard
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disk. You shall not use, copy or distribute the Software in any
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infringing manner or in any manner which violates any law or third
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party right and you shall not distribute the Software together with
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any material which infringes against any third party right or which
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is libelous, defamatory, obscene, false, misleading, or otherwise
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illegal or unlawful. ID reserves all rights not granted in this
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Agreement, including, without limitation, all rights to ID’s
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trademarks. You shall not commercially distribute the Software.
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b. You shall not create any New Creations which infringe against
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any third party right or which are libelous, defamatory, obscene,
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false, misleading or otherwise illegal or unlawful. You agree that
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the New Creations will not be shipped, transferred or exported into
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any country in violation of the U.S. Export Administration Act
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(or any other law governing such matters) by you or anyone at your
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direction and that you will not utilize and will not authorize
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anyone to utilize, in any other manner, the New Creations in
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violation of any applicable law. The New Creations shall not be
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downloaded or otherwise exported or re-exported into (or to a
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national or resident of) any country to which the U.S. has embargoed
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goods or to anyone or into any country who/which are prohibited,
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by applicable law, from receiving such property. You shall not
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rent, sell, lease, lend, offer on a pay-per-play basis or otherwise
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commercially exploit or commercially distribute the New Creations.
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You are only permitted to distribute, without any cost or
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charge, the New Creations to other end-users so long as such
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distribution is not infringing against any third party right and is
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not otherwise illegal or unlawful. As noted below, in the event you
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commercially distribute or commercial exploit the New Creations or
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commit any other breach of this Agreement, your licenses, and this
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Agreement, shall automatically terminate, without notice.
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4. Intellectual Property Rights. The Software and all copyrights,
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trademarks and all other conceivable intellectual property rights
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related to the Software are owned by ID and are protected by
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United States copyright laws, international treaty provisions and all
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applicable law, such as the Lanham Act. You must treat the Software
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like any other copyrighted material, as required by 17 U.S.C. §101 et
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seq. and other applicable law. You agree to use your best efforts to
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see that any user of the Software licensed hereunder complies with
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this Agreement. You agree that you are receiving a copy of the
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Software by license only and not by sale and that the “first sale”
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doctrine of 17 U.S.C. §109 does not apply to your receipt or use of
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the Software.
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5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
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TO THE SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE
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SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL
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MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL
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OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE
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RELIED UPON. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION
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OF THIS AGREEMENT.
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6. Governing Law, Venue, Indemnity and Liability Limitation. This
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Agreement shall be construed in accordance with and governed by the
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applicable laws of the State of Texas and applicable United States
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federal law. Copyright and other proprietary matters will be governed
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by United States laws and international treaties. Exclusive venue for
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all litigation regarding this Agreement shall be in Dallas County,
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Texas and you agree to submit to the jurisdiction of the courts in
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Dallas, Texas for any such litigation. You agree to indemnify, defend
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and hold harmless ID and ID’s officers, employees, directors, agents,
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licensees (excluding you), successors and assigns from and against all
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losses, lawsuits, damages, causes of action and claims relating to
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and/or arising from: (i) your breach of this Agreement; and/or (ii)
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your distribution or other use of the Software; and/or (iii) your
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distribution or other use of the New Creations. You agree that your
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unauthorized use of the Software, or any part thereof, may immediately
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and irreparably damage ID such that ID could not be adequately
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compensated solely by a monetary award and that at ID’s option ID
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shall be entitled to an injunctive order, in addition to all other
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available remedies including a monetary award, appropriately
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restraining and/or prohibiting such unauthorized use without the
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necessity of ID posting bond or other security. IN ANY CASE, ID AND
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ID’S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES,
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SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF
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PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
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PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR
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BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT
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LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENTS HAVE BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES
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ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some
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jurisdictions do not allow the exclusion or limitation of incidental
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or consequential damages, so the above limitation or exclusion may
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not apply to you. This Section 6. shall survive cancellation or
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termination of this Agreement.
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7. U.S. Government Restricted Rights. To the extent applicable, the
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United States Government shall only have those rights to use the
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Software as expressly stated and expressly limited and restricted in
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this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204,
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inclusive.
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8. General Provisions. Neither this Agreement nor any part or portion
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hereof shall be assigned or sublicensed by you. ID may assign its
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rights under this Agreement in ID’s sole discretion. Should any
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provision of this Agreement be held to be void, invalid, unenforceable
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or illegal by a court of competent jurisdiction, the validity and
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enforceability of the other provisions shall not be affected thereby.
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If any provision is determined to be unenforceable by a court of
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competent jurisdiction, you agree to a modification of such provision
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to provide for enforcement of the provision's intent, to the extent
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permitted by applicable law. Failure of ID to enforce any provision
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of this Agreement shall not constitute or be construed as a waiver of
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such provision or of the right to enforce such provision. Immediately
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upon your failure to comply with, or immediately upon your breach of,
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any term or provision of this Agreement, THIS AGREEMENT AND YOUR
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LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID MAY
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PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER
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APPLICABLE LAW AND/OR THIS AGREEMENT. In the event this Agreement
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is terminated, you shall have no right to use the Software, in any
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manner, and you shall immediately destroy all copies of the Software
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in your possession, custody or control.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
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AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
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SOFTWARE, BY DOWNLOADING, LOADING OR RUNNING THE SOFTWARE, OR BY
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PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER
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RAM OR OTHER STORAGE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
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OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE
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AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE AND
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EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO
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REGARDING THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL
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PRIOR ORAL AGREEMENTS OR UNDERSTANDINGS AND ANY OTHER COMMUNICATIONS
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BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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January 11, 2000 5:41 p.m.
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