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Revision 1.2 - (show annotations) (download)
Sat Nov 5 02:29:54 2011 UTC (6 years, 6 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Changes since 1.1: +15 -29 lines
Fix various licenses, encoding should be UTF-8, bug 389395.

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

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