| |
| 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. |