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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.