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SHAREWARE VERSION: QUAKE |
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LIMITED USE SOFTWARE LICENSE AGREEMENT |
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This Limited Use Software License Agreement (the "Agreement") is a |
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legal agreement between you, the end-user, and id Software, Inc. |
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("ID"). By continuing the installation of this game program, by |
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loading or running the game, or by placing or copying the game |
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program onto your computer hard drive, you are agreeing to be bound |
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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 |
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one (1) copy of the enclosed or foregoing Id Software game program |
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(the "Software"), which is the shareware version or episode one of |
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the game program. For purposes of this section, "use" means loading |
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the Software into RAM, as well as installation on a hard disk or |
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other storage device. You agree that the Software will not be |
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shipped, transferred or exported into any country in violation of |
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the U.S. Export Administration Act (or any other law governing such |
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matters) and that you will not utilize, in any other manner, the |
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Software in violation of any applicable law. |
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2. Commercial Use is Prohibited. Under no circumstances shall |
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you, the end-user, be permitted, allowed or authorized to |
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commercially exploit the Software, or any portion thereof, such |
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as a screen display or a screenshot. Neither you nor anyone at your |
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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 |
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consideration; or |
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f. In any other manner and through any medium |
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whatsoever commercially exploit the Software or use |
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the Software for any commercial purpose. |
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3. Additional Prohibited Uses. Neither you, nor anyone at your |
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direction, shall take the following action in regard to the |
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Software, or any portion thereof, such as a screen display or |
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a screenshot: |
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a. Modify, disassemble, reverse engineer or decompile |
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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 |
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the trademarks, such as Quake(tm) and the NIN(r) logo, logos, symbols, |
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art work, images, screen displays or screenshots, sound effects, music, |
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and other such material contained within, generated by or relating to |
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the Software is prohibited. |
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5. Restrictions Apply to Third Parties. The prohibitions and |
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restrictions described herein apply to anyone in possession of |
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the Software. |
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6. Permitted Distribution. So long as this Agreement |
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accompanies the Software at all times, ID grants to Providers the |
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limited right to distribute, free of charge, except normal access |
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fees, and by electronic means only, the Software; provided, however, |
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the Software must be so electronically distributed only in a |
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compressed format. The term "Providers," as used in the foregoing |
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sentence, shall mean persons whose business it is to provide |
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services on the Internet, on commercial online networks, or on the |
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BBS. Anyone who receives the Software from a Provider shall be |
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limited to all the terms and conditions of this Agreement. Further, |
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ID grants to you, the end-user, the limited right to distribute, |
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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 |
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United States copyright laws and international treaty provisions. |
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You must treat the Software like any other copyrighted material, |
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except that you may make copies of the Software to give to other |
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persons. You may not charge or receive any consideration from any |
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other person for the receipt or use of the Software. You agree to |
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use your best efforts to see that any user of the Software licensed |
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hereunder complies with this Agreement. |
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8. Limited Warranty. ID warrants that if properly installed and |
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operated on a computer for which it is designed, the Software will |
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perform substantially in accordance with its designed purpose for a |
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period of ninety (90) days from the date the Software is first |
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obtained by an end-user. ID's entire liability and your exclusive |
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remedy shall be, at ID's option, either (a) return of the retail |
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price paid, if any, or (b) repair or replacement of the Software |
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that does not meet ID's Limited Warranty. To make a warranty claim, |
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return the Software to the point of purchase, accompanied by proof |
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of purchase, your name, your address, and a statement of defect, or |
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return the Software with the above information to ID. This Limited |
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Warranty is void if failure of the Software has resulted in whole |
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or in part from accident, abuse, misapplication or violation of this |
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Agreement. Any replacement Software will be warranted for the |
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remainder of the original warranty period or thirty (30) days, |
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whichever is longer. This warranty allocates risks of product |
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failure between Licensee and ID. ID's product pricing reflects this |
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allocation of risk and the limitations of liability contained in |
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this warranty. |
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9. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER WARRANTIES, |
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EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED |
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WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A pARTICULAR PURPOSE |
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WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, |
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IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU |
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MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. ID |
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DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE |
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UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. |
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THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS |
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WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, |
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DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE |
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MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF |
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OF ID. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR |
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PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES |
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BY ID AND SHOULD NOT BE RELIED UPON. |
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10. Exclusive Remedies. You agree that your exclusive remedy |
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against ID, its affiliates, contractors, suppliers, and agents for |
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loss or damage caused by any defect or failure in the Software |
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regardless of the form of action, whether in contract,tort, |
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including negligence, strict liability or otherwise, shall be the |
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return of the retail purchase price paid, if any, or replacement of |
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the Software. This Agreement shall be construed in accordance with |
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and governed by the laws of the State of Texas. Copyright and other |
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proprietary matters will be governed by United States laws and |
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international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS |
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OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, |
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CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH |
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OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY |
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EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH |
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DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do |
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not allow the exclusion or limitation of incidental or consequential |
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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 |
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portion hereof shall be assigned or sublicensed, except as described |
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herein. Should any provision of this Agreement be held to be void, |
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invalid, unenforceable or illegal by a court, the validity and |
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enforceability of the other provisions shall not be affected thereby. |
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If any provision is determined to be unenforceable, you agree to a |
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modification of such provision to provide for enforcement of the |
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provision's intent, to the extent permitted by applicable law. Failure |
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of a party 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 |
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right to enforce such provision. If you fail to comply with any terms |
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of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED. |
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND |
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THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION |
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OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING |
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OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO |
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BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER |
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AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND |
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YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE |
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RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES |
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ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY |
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OTHER COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT |
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MATTER OF THIS AGREEMENT. |
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June 21, 1996 |
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SHAREWARE VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT |
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(DWC:dw:3406.0024:DWC\doc:1163) |