SHAREWARE VERSION: QUAKE | |
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 limited right to use | |
one (1) copy of the enclosed or foregoing 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 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, or any portion thereof, such | |
as a screen display or a screenshot. 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 for money or any other | |
consideration; or | |
f. In any other manner and through any medium | |
whatsoever commercially exploit the Software or use | |
the Software for any commercial purpose. | |
3. Additional Prohibited Uses. Neither you, nor anyone at your | |
direction, shall take the following action in regard to the | |
Software, or any portion thereof, such as a screen display or | |
a screenshot: | |
a. Modify, disassemble, reverse engineer or decompile | |
the Software; | |
b. Translate the Software; | |
c. Reproduce the Software; | |
d. Publicly display the Software; or | |
e. Prepare derivative works based upon the Software. | |
4. Use of Other Material is Prohibited. Use, in any manner, of | |
the trademarks, such as Quake(tm) and the NIN(r) logo, logos, symbols, | |
art work, images, screen displays or screenshots, sound effects, music, | |
and other such material contained within, generated by or relating to | |
the Software is prohibited. | |
5. Restrictions Apply to Third Parties. The prohibitions and | |
restrictions described herein apply to anyone in possession of | |
the Software. | |
6. Permitted Distribution. So long as this Agreement | |
accompanies the Software at all times, ID grants to Providers the | |
limited right to distribute, free of charge, except normal access | |
fees, and by electronic means only, the Software; provided, however, | |
the Software must be so electronically distributed only in a | |
compressed format. The term "Providers," as used in the foregoing | |
sentence, shall mean persons whose business it is to provide | |
services on the Internet, on commercial online networks, or on the | |
BBS. Anyone who receives the Software from a Provider shall be | |
limited to all the terms and conditions of this Agreement. Further, | |
ID grants to you, the end-user, the limited right to distribute, | |
free of charge only, the Software as a whole. | |
7. 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. You agree to | |
use your best efforts to see that any user of the Software licensed | |
hereunder complies with this Agreement. | |
8. 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. | |
9. 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. | |
10. 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. | |
11. 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. | |
June 21, 1996 | |
SHAREWARE VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT | |
(DWC:dw:3406.0024:DWC\doc:1163) |