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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+
+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.