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add urbanterror map license and second version of Q3AEULA

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

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