home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
PC/CD Gamer UK 51
/
PCGAMER51.bin
/
Quake
/
Qme
/
_SETUP.1
/
LICENSE.TXT
< prev
next >
Wrap
Text File
|
1997-04-10
|
10KB
|
236 lines
qED END USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING SINGLE-USER LICENSE
AGREEMENT CAREFULLY BEFORE USING "qED". THIS IS
A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND
BARENTZ, LTD. BY INSTALLING AND/OR USING "qED",
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS,
DO NOT INSTALL AND/OR USE "qED". THIS PRODUCT
REQUIRES A REGISTERED VERSION OF QUAKE TO OPERATE
PROPERLY. IT WILL NOT OPERATE PROPERLY WITH THE
SHAREWARE/LIMITED VERSION OF QUAKE.
Article 1 -- Grant Of License:
Barentz, Ltd. ("Barentz") grants you a non-
exclusive license to use "qED" subject to the
terms of this Agreement. For the purposes
herein, "qED" shall constitute all component
parts that are distributed with "qED" including
all program files, texture libraries and
documentation (hereinafter "Software"). In
addition, any and all files CREATED or MODIFIED
by "qED" (including, but not limited to files
such as *.QED, *.MAP, *.BSP, *.QBT, *.QET and
*.QGP) will automatically become part of the
licensed Software and subject to the terms and
provisions of this Agreement. The Software is
licensed as a single product. Its component
parts may not be separated or distributed EXCEPT
AS EXPRESSLY PROVIDED IN THIS AGREEMENT. The
Software is solely for your own personal use, on
one computer at one time. You may use this
Software on a different computer, but it may not
be used on two or more computers at the same
time. You may make a working copy of the
Software and a backup copy for archival purposes
only.
Article 2 -- Restrictions On Use:
. You may use and distribute FREE-OF-CHARGE the
certain component files that are used by the
Software to create and compile a level. These
files are: *.QED, *.QBT, *.QET and *.QGP. You
may also use and distribute FREE-OF-CHARGE
level files that have been output by the
Software (*.MAP and *.BSP). You may NOT
distribute any other files, including, but not
limited to, any texture (*.WAD) files that are
provided with the Software.
. You may NOT use the Software to create
Derivative Works. For the purposes herein,
"Derivative Works" shall mean any "*.MAP" or
"*.BSP" files, which were originally created
by the Software from a "*.QED" source file,
that you intend to sell, or distribute in some
manner OTHER than FREE-OF-CHARGE. If you wish
to create Derivative Works, please contact
Barentz about a "Commercial Exploitation
Agreement".
. With the exception of *.QBT, *.QET and *.QGP
files, whose file structure has already been
published or made available to the general
public, you may not reverse engineer,
translate, port, modify, decompile, or
disassemble the Software. Furthermore, you
shall not derive or attempt to derive the
source code, source files or structure of all
or any portion of the Software by reverse
engineering, disassembly, decompilation or by
any other means EXCEPT those files listed
herein whose file structure has already been
published or made available to the general
public.
. You may not rent, publish, sell, lease,
sublicense or market the Software or use it in
any manner not expressly authorized by this
Agreement.
. You may transfer the Software and accompanying
written materials on a permanent basis
provided you retain no copies and the
recipient agrees to the terms of this
Agreement.
. You shall not use the Software to operate a
service bureau or for any other use involving
the processing of data of any other persons or
entities.
. You may not alter or remove any copyright
notices or proprietary legends contained in,
or on, the Software.
Article 3 -- Ownership, Copyrights & Trademarks:
Barentz is the exclusive licensee of the
Software, which was created by Barentz's
licensors, Matthew Tagliaferri and Worldwide
MicroTronics, Inc. (collectively, the "Copyright
Owners"). Barentz and Copyright Owners shall
retain all ownership rights in the Software. The
Software is protected by United States Copyright
law and also by International Treaty provisions.
Any use of the Software in violation of these
laws shall constitute a termination of this
Agreement and can result in prosecution. The
Software is Copyright (c) 1996-97 by Matthew
Tagliaferri. Portions of the Software are
Copyright (c) 1996-97 by Worldwide MicroTronics
Inc. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE
COPYRIGHT LAWS OF THE UNITED STATES AND
INTERNATIONAL TREATY PROVISIONS. "qED" is a
trademark of Matthew Tagliaferri.
Article 4 -- Term:
This license is effective until terminated. You
may terminate it at any time by destroying the
Software together with all copies and
modifications in any form. This License also
terminates if you fail to comply with the terms
and conditions of this Agreement.
Article 5 -- No Warranty:
BARENTZ MAKES AND USER RECEIVES NO WARRANTY,
WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE ARE EXPRESSLY EXCLUDED. The Software is
provided to you on an "AS IS" and "WITH ALL
FAULTS" basis. You assume the entire risk of
loss in using the Software. The Software is
complex and contains non-conformities, defects
and errors. Barentz does not warrant that the
Software will meet your needs or expectations
(whether due to hardware related capabilities or
otherwise) or that operation of the Software will
be error-free or uninterrupted, or that any non-
conformity, defect or error can or will be
corrected.
Article 6 -- Limitations On Liability &
Remedies:
BARENTZ ASSUMES NO LIABILITY FOR ANY FILES
CREATED, MODIFIED OR DISTRIBUTED UNDER THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION,
LIABILITY FOR PATENT OR COPYRIGHT INFRINGEMENT.
FURTHERMORE, IN NO EVENT SHALL BARENTZ, LTD. BE
LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY
USER (INCLUDING WITHOUT LIMITATION COMPENSATORY,
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR
BUSINESS, EXPENDITURES, INVESTMENTS, OR
COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS
OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST
OR CORRUPTED DATA OR INABILITY TO USE YOUR
COMPUTER, OR THE USE OF OTHER PROGRAMS OR DATA ON
YOUR COMPUTER, OR THE SOFTWARE) IRRESPECTIVE OF
WHETHER BARENTZ, LTD. HAS BEEN INFORMED OF, KNEW
OF, OR SHOULD HAVE KNOWN OF, THE LIKELIHOOD OF
SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION IN THE AGGREGATE, INCLUDING
WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION, AND OTHER TORTS. IF BARENTZ,
LTD'S EXCLUSION OF ANY WARRANTY AND/OR LIMITATION
OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL
FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE
OR INAPPLICABLE, USER AGREES THAT BARENTZ, LTD'S
LIABILITY TO ANY PARTY SHALL NOT EXCEED THE
PURCHASE PRICE OF THE SOFTWARE. Some states do
not allow the exclusion or limitation of
incidental or consequential damages or the
limitation of duration of an implied warranty, so
the limitation or exclusion herein may not apply
to you.
Article 7 -- General:
. This is the exclusive Agreement between
Barentz and you regarding its subject matter.
You shall pay any taxes on the Software or
transactions, except for those based on
Barentz's annual net income.
. Copyright Owners shall be third party
beneficiaries of Barentz's rights under this
Agreement, but they are not a party hereto and
shall have no obligation hereunder.
. If any provision of this Agreement is declared
invalid or unenforceable, the remaining
provisions of this Agreement shall remain in
effect.
. This Agreement supersedes and replaces any and all
previous Agreements, whether written or oral,
with you regarding the Software.
. This Agreement shall be governed by the laws
of the State of Texas, except for that body of
law dealing with conflicts of law.
COMMERCIAL COMPUTER SOFTWARE
The Software is a "commercial item", as that term
is defined at 48 C.F.R. 2.101 (Oct. 1995)
consisting of "commercial computer software" and
"commercial computer documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all
U.S. Governmental End Users acquire the Software
with only those license rights set forth herein.
The Software is Copyright (c) 1996-97 by Matthew
Tagliaferri. Portions of the Software are
Copyright (c) 1996-97 by Worldwide MicroTronics
Inc. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE
COPYRIGHT LAWS OF THE UNITED STATES AND
INTERNATIONAL TREATY PROVISIONS. qED is a
trademark of Matthew Tagliaferri. For purpose of
any public disclosure provision under any
federal, state or local law, it is agreed that
this Software is a trade secret and proprietary
commercial Software is not subject to disclosure.