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.quake3 arena.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.