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