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| LIMITED USE SOFTWARE LICENSE AGREEMENT |
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| 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 DEMO PROGRAM ENTITLED QUAKE III: |
| ARENA (THE "SOFTWARE"), BY 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. |
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| 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 in executable or object code form. The term "Software" |
| includes all elements of the Software, including, without limitation, data |
| files and screen displays. You are not receiving any ownership or |
| proprietary right, title or interest in or to the Software or the |
| copyright, trademarks, or other rights related thereto. For purposes 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 may not be downloaded |
| or otherwise exported or 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. |
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| 2. Prohibitions. You, either directly or indirectly, shall not do |
| 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. offer the Software on a "pay-per-play" basis; |
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| e. distribute the Software (except as permitted by section 3. |
| hereinbelow); |
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| f. in any other manner and through any medium whatsoever |
| commercially exploit the Software or use the Software for any commercial |
| purpose; |
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| g. disassemble, reverse engineer, decompile, modify or alter the |
| Software including, without limitation, creating or developing extra or |
| add-on levels for the Software; |
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| h. translate the Software; |
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| i. reproduce or copy the Software (except as permitted by section |
| 3. hereinbelow); |
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| j. publicly display the Software; |
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| k. prepare or develop derivative works based upon the Software; or |
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| l. remove or alter any legal notices or other markings or |
| legends, such as trademark and copyright notices, affixed on or within |
| the Software. |
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| 3. Permitted Distribution and Copying. 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 copy the Software and to distribute |
| such copies of the Software free of charge for non-commercial purposes |
| which shall include the free of charge distribution of copies of the |
| Software as mounted on the covers of magazines; provided, however, you |
| shall not 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 is |
| infringing, libelous, defamatory, obscene, false, misleading, or |
| otherwise illegal or unlawful. You agree to label conspicuously as |
| "SHAREWARE" or "DEMO" each CD or other non-electronic copy of the |
| Software that you make and distribute. ID reserves all rights not |
| granted in this Agreement. You shall not commercially distribute the |
| Software unless you first enter into a separate contract with ID, a |
| copy of which you may request, but which ID may decline to execute. |
| For more information visit www.quake3arena.com. |
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| 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. |
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| 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 SUCH AS PRESENTATIONS, 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. |
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| 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 your breach of this Agreement. 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 AGENT 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. |
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| 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. |
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| 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 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. |
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| YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, 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 OR RAM, 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. 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. |