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- LIMITED USE SOFTWARE DEMO LICENSE AGREEMENT
-
- This Limited Use Software Demo 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 program
- entitled QUAKE II, by loading or running the game program, or by
- placing or copying the game program onto your computer hard drive,
- computer RAM or other storage, you are agreeing to be bound by the
- terms of this Agreement.
-
- ID SOFTWARE LICENSE
-
- 1. Grant of License. ID grants to you the non-exclusive limited
- right to use this Id Software game program in executable or object
- code form only (the "Software"), which is the demo version of the
- Software, for the limited purpose of testing the compatibility of
- your computer system with the Software and for recreational
- purposes. The term "Software" includes all elements of the
- Software such as 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. 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 any one 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 reexported 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. Neither you nor anyone at your direction shall
- 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 by electronic means, as
- permitted by section 3. hereinbelow) by any means, including, but
- not limited to direct mail, retail, mail order or other means;
-
- 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, disassemble, decompile, modify
- or alter the Software;
-
- h. translate the Software;
-
- i. reproduce or copy the Software (except as permitted by section
- 3. hereinbelow);
-
- j. publicly display the Software; or
-
- k. prepare or develop derivative works based upon the Software.
-
- 3. Permitted Electronic Distribution and Copying. So long as this
- Agreement accompanies the Software at all times, ID grants to you
- the limited right to distribute, free of charge, and by electronic
- means only, the Software. Anyone who receives the Software from a
- Provider shall be limited to all the terms and conditions of this
- Agreement. You may make only the following copies of the Software:
- (i) you may download the Software from the Internet and 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.
-
- 4. Copyright. 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., º101 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. º109 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.
-
- 6. Venue and Liability Limitation. This Agreement shall be
- construed in accordance with and governed by the laws of the State
- of Texas and U.S. 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. IN ANY CASE, NEITHER ID NOR ID'S OFFICERS, EMPLOYEES,
- DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS OR ASSIGNS
- SHALL BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,
- SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER
- SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF
- CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL
- THEORY EVEN IF ID OR ITS AGENT HAS 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.
-
- 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. ºº
- 227.7202-1 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, the validity and
- enforceability of the other provisions shall not be affected
- thereby. If any provision is determined to be unenforceable, 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. If you fail
- to comply with any term of this Agreement, YOUR LICENSE IS
- AUTOMATICALLY TERMINATED, WITHOUT NOTICE. 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.
-