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SHAREWARE VERSION: QUAKE | ||
LIMITED USE SOFTWARE LICENSE AGREEMENT | ||
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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. | ||
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ID SOFTWARE LICENSE | ||
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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. | ||
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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: | ||
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a. Rent the Software; | ||
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b. Sell the Software; | ||
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c. Lease or lend the Software; | ||
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d. Offer the Software on a pay-per-play basis; | ||
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e. Distribute the Software for money or any other | ||
consideration; or | ||
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f. In any other manner and through any medium | ||
whatsoever commercially exploit the Software or use | ||
the Software for any commercial purpose. | ||
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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: | ||
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a. Modify, disassemble, reverse engineer or decompile | ||
the Software; | ||
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b. Translate the Software; | ||
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c. Reproduce the Software; | ||
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d. Publicly display the Software; or | ||
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e. Prepare derivative works based upon the Software. | ||
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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. | ||
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5. Restrictions Apply to Third Parties. The prohibitions and | ||
restrictions described herein apply to anyone in possession of | ||
the Software. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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June 21, 1996 | ||
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SHAREWARE VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT | ||
(DWC:dw:3406.0024:DWC\doc:1163) |