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add urbanterror map license and second version of Q3AEULA

1
2 LIMITED USE SOFTWARE LICENSE AGREEMENT
3
4 This Limited Use Software License Agreement (this “Agreement”) is a legal
5 agreement between you, the end-user, and Id Software, Inc. (“ID”).
6 BY CONTINUING THE INSTALLATION OF THIS SOFTWARE (THE “SOFTWARE”), BY
7 DOWNLOADING, LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
8 THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE,
9 YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
10
11 1. Grant of License. Subject to the terms and provisions of this
12 Agreement, ID grants to you the non-exclusive and limited right to use
13 the Software only for the uses permitted in section 3. hereinbelow. The
14 term “Software” includes all elements of the Software. You are not
15 receiving any ownership or proprietary right, title or interest in or to
16 the Software or the copyrights, trademarks, or other rights related
17 thereto. For purposes of the first sentence of this section, “use” means
18 loading the Software into RAM and/or onto computer hard drive, as well
19 as installation of the Software on a hard disk or other storage device
20 and means the uses permitted in section 3. hereinbelow. You agree that
21 the Software will not be shipped, transferred or exported into any
22 country in violation of the U.S. Export Administration Act (or any other
23 law governing such matters) by you or anyone at your direction and that
24 you will not utilize and will not authorize anyone to utilize, in any
25 other manner, the Software in violation of any applicable law. The
26 Software shall not be downloaded or otherwise exported or re-exported
27 into (or to a national or resident of) any country to which the U.S.
28 has embargoed goods or to anyone or into any country who/which are
29 prohibited, by applicable law, from receiving such property.
30
31 2. Prohibitions. You, whether directly or indirectly, shall not do
32 any of the following acts:
33
34 a. rent the Software;
35
36 b. sell the Software;
37
38 c. lease or lend the Software;
39
40 d. distribute the Software (except as permitted by section 3.
41 hereinbelow);
42
43 e. in any other manner and through any medium whatsoever
44 commercially exploit the Software or use the Software for
45 any commercial purpose;
46
47 f. disassemble, reverse engineer, decompile, modify (except as
48 permitted by Section 3. hereinbelow) or alter the Software;
49
50 g. translate the Software;
51
52 h. reproduce or copy the Software (except as permitted by section
53 3. hereinbelow);
54
55 i. publicly display the Software;
56
57 j. prepare or develop derivative works based upon the Software;
58
59 k. remove or alter any legal notices or other markings or legends,
60 such as trademark and copyright notices, affixed on or within
61 the Software; or
62
63 l. remove, alter, modify, disable or reduce any of the anti-piracy
64 measures or components contained in the QUAKE III ARENA game,
65 including, without limitation, the CD key system and the CD
66 check.
67
68 3. Permitted Uses.
69
70 a. So long as this Agreement accompanies each copy you make of the
71 Software, and so long as you fully comply, at all times, with this
72 Agreement, ID grants to you the non-exclusive and limited right to
73 distribute copies of the Software free of charge for non-commercial
74 purposes by electronic means only and the non-exclusive and limited
75 right to use the Software to create your own modifications (the “New
76 Creations”) for operation only with the full version of the software
77 game QUAKE III ARENA; provided, however, you shall not make any New
78 Creations unless and until you have agreed to be bound by the terms
79 of this Agreement and of the LIMITED USE SOFTWARE LICENSE AGREEMENT
80 which accompanies the full version of QUAKE III ARENA. Other than
81 the electronic copies permitted above, you may make only the
82 following copies of the Software: (i) you may copy the Software onto
83 your computer hard drive; (ii) you may copy the Software from your
84 computer hard drive into your computer RAM; and (iii) you may make
85 one (1) “back-up” or archival copy of the Software on one (1) hard
86 disk. You shall not use, copy or distribute the Software in any
87 infringing manner or in any manner which violates any law or third
88 party right and you shall not distribute the Software together with
89 any material which infringes against any third party right or which
90 is libelous, defamatory, obscene, false, misleading, or otherwise
91 illegal or unlawful. ID reserves all rights not granted in this
92 Agreement, including, without limitation, all rights to ID’s
93 trademarks. You shall not commercially distribute the Software.
94
95 b. You shall not create any New Creations which infringe against
96 any third party right or which are libelous, defamatory, obscene,
97 false, misleading or otherwise illegal or unlawful. You agree that
98 the New Creations will not be shipped, transferred or exported into
99 any country in violation of the U.S. Export Administration Act
100 (or any other law governing such matters) by you or anyone at your
101 direction and that you will not utilize and will not authorize
102 anyone to utilize, in any other manner, the New Creations in
103 violation of any applicable law. The New Creations shall not be
104 downloaded or otherwise exported or re-exported into (or to a
105 national or resident of) any country to which the U.S. has embargoed
106 goods or to anyone or into any country who/which are prohibited,
107 by applicable law, from receiving such property. You shall not
108 rent, sell, lease, lend, offer on a pay-per-play basis or otherwise
109 commercially exploit or commercially distribute the New Creations.
110 You are only permitted to distribute, without any cost or
111 charge, the New Creations to other end-users so long as such
112 distribution is not infringing against any third party right and is
113 not otherwise illegal or unlawful. As noted below, in the event you
114 commercially distribute or commercial exploit the New Creations or
115 commit any other breach of this Agreement, your licenses, and this
116 Agreement, shall automatically terminate, without notice.
117
118 4. Intellectual Property Rights. The Software and all copyrights,
119 trademarks and all other conceivable intellectual property rights
120 related to the Software are owned by ID and are protected by
121 United States copyright laws, international treaty provisions and all
122 applicable law, such as the Lanham Act. You must treat the Software
123 like any other copyrighted material, as required by 17 U.S.C. §101 et
124 seq. and other applicable law. You agree to use your best efforts to
125 see that any user of the Software licensed hereunder complies with
126 this Agreement. You agree that you are receiving a copy of the
127 Software by license only and not by sale and that the “first sale”
128 doctrine of 17 U.S.C. §109 does not apply to your receipt or use of
129 the Software.
130
131 5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
132 IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
133 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
134 TO THE SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE
135 SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL
136 MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL
137 OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE
138 RELIED UPON. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION
139 OF THIS AGREEMENT.
140
141 6. Governing Law, Venue, Indemnity and Liability Limitation. This
142 Agreement shall be construed in accordance with and governed by the
143 applicable laws of the State of Texas and applicable United States
144 federal law. Copyright and other proprietary matters will be governed
145 by United States laws and international treaties. Exclusive venue for
146 all litigation regarding this Agreement shall be in Dallas County,
147 Texas and you agree to submit to the jurisdiction of the courts in
148 Dallas, Texas for any such litigation. You agree to indemnify, defend
149 and hold harmless ID and ID’s officers, employees, directors, agents,
150 licensees (excluding you), successors and assigns from and against all
151 losses, lawsuits, damages, causes of action and claims relating to
152 and/or arising from: (i) your breach of this Agreement; and/or (ii)
153 your distribution or other use of the Software; and/or (iii) your
154 distribution or other use of the New Creations. You agree that your
155 unauthorized use of the Software, or any part thereof, may immediately
156 and irreparably damage ID such that ID could not be adequately
157 compensated solely by a monetary award and that at ID’s option ID
158 shall be entitled to an injunctive order, in addition to all other
159 available remedies including a monetary award, appropriately
160 restraining and/or prohibiting such unauthorized use without the
161 necessity of ID posting bond or other security. IN ANY CASE, ID AND
162 ID’S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES,
163 SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF
164 PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
165 PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR
166 BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT
167 LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENTS HAVE BEEN
168 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES
169 ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some
170 jurisdictions do not allow the exclusion or limitation of incidental
171 or consequential damages, so the above limitation or exclusion may
172 not apply to you. This Section 6. shall survive cancellation or
173 termination of this Agreement.
174
175 7. U.S. Government Restricted Rights. To the extent applicable, the
176 United States Government shall only have those rights to use the
177 Software as expressly stated and expressly limited and restricted in
178 this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204,
179 inclusive.
180
181 8. General Provisions. Neither this Agreement nor any part or portion
182 hereof shall be assigned or sublicensed by you. ID may assign its
183 rights under this Agreement in ID’s sole discretion. Should any
184 provision of this Agreement be held to be void, invalid, unenforceable
185 or illegal by a court of competent jurisdiction, the validity and
186 enforceability of the other provisions shall not be affected thereby.
187 If any provision is determined to be unenforceable by a court of
188 competent jurisdiction, you agree to a modification of such provision
189 to provide for enforcement of the provision's intent, to the extent
190 permitted by applicable law. Failure of ID to enforce any provision
191 of this Agreement shall not constitute or be construed as a waiver of
192 such provision or of the right to enforce such provision. Immediately
193 upon your failure to comply with, or immediately upon your breach of,
194 any term or provision of this Agreement, THIS AGREEMENT AND YOUR
195 LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID MAY
196 PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER
197 APPLICABLE LAW AND/OR THIS AGREEMENT. In the event this Agreement
198 is terminated, you shall have no right to use the Software, in any
199 manner, and you shall immediately destroy all copies of the Software
200 in your possession, custody or control.
201
202 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
203 AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
204 SOFTWARE, BY DOWNLOADING, LOADING OR RUNNING THE SOFTWARE, OR BY
205 PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER
206 RAM OR OTHER STORAGE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
207 OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE
208 AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE AND
209 EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO
210 REGARDING THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL
211 PRIOR ORAL AGREEMENTS OR UNDERSTANDINGS AND ANY OTHER COMMUNICATIONS
212 BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
213
214 January 11, 2000 5:41 p.m.

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