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1 vapier 1.1
2     LIMITED USE SOFTWARE LICENSE AGREEMENT
3    
4    
5    
6     This Limited Use Software License Agreement (the "Agreement") is a legal
7     agreement between you, the end-user, and Id Software, Inc. ("ID"). BY
8     CONTINUING THE INSTALLATION OF THIS GAME DEMO PROGRAM ENTITLED QUAKE III:
9     ARENA (THE "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
10     OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR
11     OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
12     AGREEMENT.
13    
14    
15    
16     1. Grant of License. Subject to the terms and provisions of this
17     Agreement, ID grants to you the non-exclusive and limited right to use the
18     Software only in executable or object code form. The term "Software"
19     includes all elements of the Software, including, without limitation, data
20     files and screen displays. You are not receiving any ownership or
21     proprietary right, title or interest in or to the Software or the
22     copyright, trademarks, or other rights related thereto. For purposes of
23     this section, "use" means loading the Software into RAM and/or onto
24     computer hard drive, as well as installation of the Software on a hard
25     disk or other storage device and means the uses permitted in section 3.
26     hereinbelow. You agree that the Software will not be shipped,
27     transferred or exported into any country in violation of the U.S. Export
28     Administration Act (or any other law governing such matters) by you or
29     anyone at your direction and that you will not utilize and will not
30     authorize anyone to utilize, in any other manner, the Software in
31     violation of any applicable law. The Software may not be downloaded
32     or otherwise exported or exported into (or to a national or resident
33     of) any country to which the U.S. has embargoed goods or to anyone
34     or into any country who/which are prohibited, by applicable law, from
35     receiving such property.
36    
37    
38    
39     2. Prohibitions. You, either directly or indirectly, shall not do
40     any of the following acts:
41    
42    
43    
44     a. rent the Software;
45    
46    
47    
48     b. sell the Software;
49    
50    
51    
52     c. lease or lend the Software;
53    
54    
55    
56     d. offer the Software on a "pay-per-play" basis;
57    
58    
59    
60     e. distribute the Software (except as permitted by section 3.
61     hereinbelow);
62    
63    
64    
65     f. in any other manner and through any medium whatsoever
66     commercially exploit the Software or use the Software for any commercial
67     purpose;
68    
69    
70    
71     g. disassemble, reverse engineer, decompile, modify or alter the
72     Software including, without limitation, creating or developing extra or
73     add-on levels for the Software;
74    
75    
76    
77     h. translate the Software;
78    
79    
80    
81     i. reproduce or copy the Software (except as permitted by section
82     3. hereinbelow);
83    
84    
85    
86     j. publicly display the Software;
87    
88    
89    
90     k. prepare or develop derivative works based upon the Software; or
91    
92    
93    
94     l. remove or alter any legal notices or other markings or
95     legends, such as trademark and copyright notices, affixed on or within
96     the Software.
97    
98    
99    
100     3. Permitted Distribution and Copying. So long as this Agreement
101     accompanies each copy you make of the Software, and so long as you fully
102     comply, at all times, with this Agreement, ID grants to you the
103     non-exclusive and limited right to copy the Software and to distribute
104     such copies of the Software free of charge for non-commercial purposes
105     which shall include the free of charge distribution of copies of the
106     Software as mounted on the covers of magazines; provided, however, you
107     shall not copy or distribute the Software in any infringing manner or
108     in any manner which violates any law or third party right and you shall
109     not distribute the Software together with any material which is
110     infringing, libelous, defamatory, obscene, false, misleading, or
111     otherwise illegal or unlawful. You agree to label conspicuously as
112     "SHAREWARE" or "DEMO" each CD or other non-electronic copy of the
113     Software that you make and distribute. ID reserves all rights not
114     granted in this Agreement. You shall not commercially distribute the
115     Software unless you first enter into a separate contract with ID, a
116     copy of which you may request, but which ID may decline to execute.
117     For more information visit www.quake3arena.com.
118    
119    
120    
121     4. Intellectual Property Rights. The Software and all copyrights,
122     trademarks and all other conceivable intellectual property rights related
123     to the Software are owned by ID and are protected by United States
124     copyright laws, international treaty provisions and all applicable law,
125     such as the Lanham Act. You must treat the Software like any other
126     copyrighted material, as required by 17 U.S.C., 101 et seq. and other
127     applicable law. You agree to use your best efforts to see that any user
128     of the Software licensed hereunder complies with this Agreement. You
129     agree that you are receiving a copy of the Software by license only
130     and not by sale and that the "first sale" doctrine of 17 U.S.C. 109
131     does not apply to your receipt or use of the Software.
132    
133    
134    
135     5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
136     IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
137     MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
138     SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
139     UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC
140     REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL
141     OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE RELIED
142     UPON. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS
143     AGREEMENT.
144    
145    
146    
147     6. Governing Law, Venue, Indemnity and Liability Limitation. This
148     Agreement shall be construed in accordance with and governed by the
149     applicable laws of the State of Texas and applicable United States federal
150     law. Copyright and other proprietary matters will be governed by United
151     States laws and international treaties. Exclusive venue for all
152     litigation regarding this Agreement shall be in Dallas County, Texas
153     and you agree to submit to the jurisdiction of the courts in Dallas,
154     Texas for any such litigation. You agree to indemnify, defend and hold
155     harmless ID and ID's officers, employees, directors, agents, licensees
156     (excluding you), successors and assigns from and against all losses,
157     lawsuits, damages, causes of action and claims relating to and/or
158     arising from your breach of this Agreement. You agree that your
159     unauthorized use of the Software, or any part thereof, may immediately
160     and irreparably damage ID such that ID could not be adequately
161     compensated solely by a monetary award and that at ID's option ID shall
162     be entitled to an injunctive order, in addition to all other available
163     remedies including a monetary award, appropriately restraining and/or
164     prohibiting such unauthorized use without the necessity of ID posting
165     bond or other security. IN ANY CASE, ID AND ID'S OFFICERS, EMPLOYEES,
166     DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS AND ASSIGNS
167     SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,
168     SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR
169     DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH
170     OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL
171     THEORY EVEN IF ID OR ITS AGENT HAVE BEEN ADVISED OF THE POSSIBILITY
172     OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE
173     FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow
174     the exclusion or limitation of incidental or consequential damages,
175     so the above limitation or exclusion may not apply to you. This
176     Section 6. shall survive cancellation or termination of this Agreement.
177    
178    
179    
180     7. U.S. Government Restricted Rights. To the extent applicable,
181     the United States Government shall only have those rights to use the
182     Software as expressly stated and expressly limited and restricted in
183     this Agreement, as provided in 48 C.F.R. 227.7201 through 227.7204,
184     inclusive.
185    
186    
187    
188     8. General Provisions. Neither this Agreement nor any part or
189     portion hereof shall be assigned or sublicensed by you. ID may assign its
190     rights under this Agreement in ID's sole discretion. Should any provision
191     of this Agreement be held to be void, invalid, unenforceable or illegal by
192     a court of competent jurisdiction, the validity and enforceability of the
193     other provisions shall not be affected thereby. If any provision is
194     determined to be unenforceable by a court of competent jurisdiction, you
195     agree to a modification of such provision to provide for enforcement of
196     the provision's intent, to the extent permitted by applicable law.
197     Failure of ID to enforce any provision of this Agreement shall not
198     constitute or be construed as a waiver of such provision or of the right
199     to enforce such provision. Immediately upon your failure to comply with
200     or breach of any term or provision of this Agreement, THIS AGREEMENT
201     AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID
202     MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER
203     APPLICABLE LAW AND/OR THIS AGREEMENT. In the event this Agreement is
204     terminated, you shall have no right to use the Software, in any manner,
205     and you shall immediately destroy all copies of the Software in your
206     possession, custody or control.
207    
208    
209    
210     YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
211     AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
212     SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
213     THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND
214     BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT,
215     EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND YOU, THIS
216     AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
217     LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR
218     ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER
219     COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF
220     THIS AGREEMENT.

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