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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 (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.
+
+
+
+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.
+
+
+
+2. Prohibitions. You, either 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. offer the Software on a "pay-per-play" basis;
+
+
+
+e. distribute the Software (except as permitted by section 3.
+hereinbelow);
+
+
+
+f. in any other manner and through any medium whatsoever
+commercially exploit the Software or use the Software for any commercial
+purpose;
+
+
+
+g. disassemble, reverse engineer, decompile, modify or alter the
+Software including, without limitation, creating or developing extra or
+add-on levels for the Software;
+
+
+
+h. translate the Software;
+
+
+
+i. reproduce or copy the Software (except as permitted by section
+3. hereinbelow);
+
+
+
+j. publicly display the Software;
+
+
+
+k. prepare or develop derivative works based upon the Software; or
+
+
+
+l. remove or alter any legal notices or other markings or
+legends, such as trademark and copyright notices, affixed on or within
+the Software.
+
+
+
+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.
+
+
+
+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 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.
+
+
+
+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.
+
+
+
+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 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 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.