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diff --git a/licenses/Q3AEULA-20000111 b/licenses/Q3AEULA-20000111 deleted file mode 100644 index 15190fed7..000000000 --- a/licenses/Q3AEULA-20000111 +++ /dev/null @@ -1,214 +0,0 @@ - -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. |