home *** CD-ROM | disk | FTP | other *** search
- 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 program, by loading or running
- the game, or by placing or copying the game program onto your computer
- hard drive, you are agreeing to be bound by the terms of this Agreement.
-
- ID SOFTWARE LICENSE
-
- 1. Grant of License. ID grants to you the right to use the
- Id Software game program (the "Software"), which is the shareware version
- or episode one of the game program. For purposes of this section, "use"
- means loading the Software into RAM, as well as installation on a hard disk
- or other storage device. You shall not: rent, lease, sell, distribute for money
- or other consideration, modify, translate, disassemble, decompile, reverse
- engineer, or create derivative works based upon the Software. 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) and that you will not utilize, in any other manner, the Software in
- violation of any applicable law.
-
- 2. Commercial Use is Prohibited: Under no circumstances shall you, the end
- user, be permitted, allowed or authorized to commercially exploit the Software.
- Neither you nor anyone at your direction shall do the following acts:
-
- a. Rent the Software;
-
- b. Sell the Software;
-
- c. Lease the Software;
-
- d. Offer the Software on a pay-per-play basis;
-
- e. Distribute the Software for money or other consideration; or
-
- f. In any manner and through any medium whatsoever commercially exploit the
- software or use the software for any commercial purpose.;
-
- 3 Electronic Distribution is Permitted: ID grants to you the right to distribute, royalty free
- and by electronic means only, the Software; provided, however the Software must be so
- distributed only in compressed format.
-
- 4. Copyright. The Software is owned by ID and is protected by United
- States copyright laws and international treaty provisions. You must treat
- the Software like any other copyrighted material, except that you may make
- copies of the Software to give to other persons. You may not charge or
- receive any consideration from any other person for the receipt or use of
- the Software without receiving ID's prior written consent as specified in the
- VENDOR.DOC file. You agree to use your best efforts to see that any user of
- the Software licensed hereunder complies with this Agreement.
-
- 5. Limited Warranty. ID warrants that if properly installed and
- operated on a computer for which it is designed, the Software will perform
- substantially in accordance with its designed purpose for a period of ninety
- (90) days from the date the Software is first obtained by an end-user. ID's
- entire liability and your exclusive remedy shall be, at ID's option, either
- (a) return of the retail price paid, if any, or (b) repair or replacement of
- the Software that does not meet ID's Limited Warranty. To make a warranty
- claim, return the Software to the point of purchase, accompanied by proof of
- purchase, your name, your address, and a statement of defect, or return the
- Software with the above information to ID. This Limited Warranty is void if
- failure of the Software has resulted in whole or in part from accident,
- abuse, misapplication or violation of this Agreement. Any replacement
- Software will be warranted for the remainder of the original warranty period
- or thirty (30) days, whichever is longer. This warranty allocates risks of
- product failure between Licensee and ID. ID's product pricing reflects this
- allocation of risk and the limitations of liability contained in this
- warranty.
-
- 6. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER WARRANTIES, EITHER
- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
- SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED
- WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY
- FROM JURISDICTION TO JURISDICTION. ID DOES NOT WARRANT THAT THE OPERATION
- OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S
- SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
- EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
- DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF ID. ADDITIONAL
- STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR
- WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE RELIED UPON.
-
- 7. Exclusive Remedies. You agree that your exclusive remedy against
- ID, its affiliates, contractors, suppliers, and agents for loss or damage
- caused by any defect or failure in the Software regardless of the form of
- action, whether in contract, tort, including negligence, strict liability or
- otherwise, shall be the return of the retail purchase price paid, if any, or
- replacement of the Software. This Agreement shall be construed in
- accordance with and governed by the laws of the State of Texas. Copyright
- and other proprietary matters will be governed by United States laws and
- international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR
- LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
- CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING
- FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE,
- OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES, OR 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.
-
- 8. General Provisions. Neither this Agreement nor any part or portion
- hereof shall be assigned or sublicensed, except as described herein. 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 a party 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 terms of this
- Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
-
- 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, YOU AGREE TO BE BOUND BY THIS
- AGREEMENT'S TERMS AND CONDITIONS. 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. 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.
-