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LIMITED USE SOFTWARE LICENSE AGREEMENT
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This Limited Use Software License Agreement (the "Agreement") is a legal
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agreement between you, the end-user, and Id Software, Inc. ("ID"). BY
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CONTINUING THE INSTALLATION OF THIS GAME DEMO PROGRAM ENTITLED QUAKE III:
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ARENA (THE "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
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OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR
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OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
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AGREEMENT.
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1. Grant of License. Subject to the terms and provisions of this
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Agreement, ID grants to you the non-exclusive and limited right to use the
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Software only in executable or object code form. The term "Software"
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includes all elements of the Software, including, without limitation, data
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files and screen displays. You are not receiving any ownership or
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proprietary right, title or interest in or to the Software or the
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copyright, trademarks, or other rights related thereto. For purposes of
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this section, "use" means loading the Software into RAM and/or onto
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computer hard drive, as well as installation of the Software on a hard
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disk or other storage device and means the uses permitted in section 3.
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hereinbelow. You agree that the Software will not be shipped,
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transferred or exported into any country in violation of the U.S. Export
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Administration Act (or any other law governing such matters) by you or
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anyone at your direction and that you will not utilize and will not
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authorize anyone to utilize, in any other manner, the Software in
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violation of any applicable law. The Software may not be downloaded
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or otherwise exported or exported into (or to a national or resident
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of) any country to which the U.S. has embargoed goods or to anyone
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or into any country who/which are prohibited, by applicable law, from
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receiving such property.
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2. Prohibitions. You, either directly or indirectly, shall not do
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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 (except as permitted by section 3.
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hereinbelow);
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f. in any other manner and through any medium whatsoever
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commercially exploit the Software or use the Software for any commercial
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purpose;
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g. disassemble, reverse engineer, decompile, modify or alter the
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Software including, without limitation, creating or developing extra or
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add-on levels for the Software;
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h. translate the Software;
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i. reproduce or copy the Software (except as permitted by section
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3. hereinbelow);
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j. publicly display the Software;
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k. prepare or develop derivative works based upon the Software; or
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l. remove or alter any legal notices or other markings or
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legends, such as trademark and copyright notices, affixed on or within
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the Software.
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3. Permitted Distribution and Copying. So long as this Agreement
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accompanies each copy you make of the Software, and so long as you fully
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comply, at all times, with this Agreement, ID grants to you the
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non-exclusive and limited right to copy the Software and to distribute
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such copies of the Software free of charge for non-commercial purposes
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which shall include the free of charge distribution of copies of the
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Software as mounted on the covers of magazines; provided, however, you
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shall not copy or distribute the Software in any infringing manner or
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in any manner which violates any law or third party right and you shall
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not distribute the Software together with any material which is
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infringing, libelous, defamatory, obscene, false, misleading, or
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otherwise illegal or unlawful. You agree to label conspicuously as
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"SHAREWARE" or "DEMO" each CD or other non-electronic copy of the
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Software that you make and distribute. ID reserves all rights not
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granted in this Agreement. You shall not commercially distribute the
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Software unless you first enter into a separate contract with ID, a
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copy of which you may request, but which ID may decline to execute.
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For more information visit www.quake3arena.com.
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4. Intellectual Property Rights. The Software and all copyrights,
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trademarks and all other conceivable intellectual property rights related
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to the Software are owned by ID and are protected by United States
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copyright laws, international treaty provisions and all applicable law,
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such as the Lanham Act. You must treat the Software like any other
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copyrighted material, as required by 17 U.S.C., §101 et seq. and other
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applicable law. You agree to use your best efforts to see that any user
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of the Software licensed hereunder complies with this Agreement. You
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agree that you are receiving a copy of the Software by license only
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and not by sale and that the "first sale" doctrine of 17 U.S.C. §109
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does not apply to your receipt or use of the Software.
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5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
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SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
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UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC
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REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL
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OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE RELIED
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UPON. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS
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AGREEMENT.
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6. Governing Law, Venue, Indemnity and Liability Limitation. This
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Agreement shall be construed in accordance with and governed by the
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applicable laws of the State of Texas and applicable United States federal
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law. Copyright and other proprietary matters will be governed by United
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States laws and international treaties. Exclusive venue for all
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litigation regarding this Agreement shall be in Dallas County, Texas
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and you agree to submit to the jurisdiction of the courts in Dallas,
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Texas for any such litigation. You agree to indemnify, defend and hold
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harmless ID and ID's officers, employees, directors, agents, licensees
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(excluding you), successors and assigns from and against all losses,
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lawsuits, damages, causes of action and claims relating to and/or
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arising from your breach of this Agreement. You agree that your
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unauthorized use of the Software, or any part thereof, may immediately
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and irreparably damage ID such that ID could not be adequately
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compensated solely by a monetary award and that at ID's option ID shall
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be entitled to an injunctive order, in addition to all other available
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remedies including a monetary award, appropriately restraining and/or
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prohibiting such unauthorized use without the necessity of ID posting
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bond or other security. IN ANY CASE, ID AND ID'S OFFICERS, EMPLOYEES,
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DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS AND ASSIGNS
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SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,
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SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR
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DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH
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OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL
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THEORY EVEN IF ID OR ITS AGENT HAVE BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE
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FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow
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the exclusion or limitation of incidental or consequential damages,
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so the above limitation or exclusion may not apply to you. This
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Section 6. shall survive cancellation or termination of this Agreement.
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7. U.S. Government Restricted Rights. To the extent applicable,
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the United States Government shall only have those rights to use the
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Software as expressly stated and expressly limited and restricted in
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this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204,
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inclusive.
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8. General Provisions. Neither this Agreement nor any part or
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portion hereof shall be assigned or sublicensed by you. ID may assign its
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rights under this Agreement in ID's sole discretion. Should any provision
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of this Agreement be held to be void, invalid, unenforceable or illegal by
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a court of competent jurisdiction, the validity and enforceability of the
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other provisions shall not be affected thereby. If any provision is
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determined to be unenforceable by a court of competent jurisdiction, you
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agree to a modification of such provision to provide for enforcement of
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the provision's intent, to the extent permitted by applicable law.
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Failure of ID to enforce any provision of this Agreement shall not
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constitute or be construed as a waiver of such provision or of the right
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to enforce such provision. Immediately upon your failure to comply with
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or breach of any term or provision of this Agreement, THIS AGREEMENT
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AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID
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MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER
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APPLICABLE LAW AND/OR THIS AGREEMENT. In the event this Agreement is
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terminated, you shall have no right to use the Software, in any manner,
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and you shall immediately destroy all copies of the Software in your
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possession, custody or control.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
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AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
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SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
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THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND
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BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT,
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EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND YOU, THIS
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AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
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LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR
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ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER
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COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF
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THIS AGREEMENT.
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