Nothing Special   »   [go: up one dir, main page]

EULA - Quake

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 3

LIMITED USE SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (this "Agreement") is a legal agreement between you, the
end-user, and Id Software, Inc. ("ID"). BY CONTINUING THE INSTALLATION OF THE FULL
VERSION GAME PROGRAM ENTITLED QUAKE (THE "SOFTWARE"), BY LOADING OR
RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR
COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. Grant of License. Subject to the terms and provisions of this Agreement and so long as you fully
comply at all times with this Agreement, ID grants to you the non-exclusive and limited right to use the
Software only in executable or object code form. The term "Software" includes all elements of the
Software, including, without limitation, data files and screen displays. You are not receiving any
ownership or proprietary right, title or interest in or to the Software or the copyrights, trademarks, or other
rights related thereto. For purposes of the first sentence of this section, "use" means loading the Software
into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other
storage device, and means the uses permitted in sections 2. and 4. herein below. You agree that the
Software will not be shipped, transferred or exported into any country in violation of the U.S. Export
Administration Act (or any other law governing such matters) by you or any one at your direction and
that you will not utilize and will not authorize anyone to utilize, in any other manner, the Software in
violation of any applicable law. The Software may not be downloaded or otherwise exported or re-
exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to
anyone or into any country who/which are prohibited, by applicable law, from receiving such property.
ID reserves all rights not granted in this Agreement, including, without limitation, all rights to ID’s
trademarks.

2. Permitted New Creations. Subject to the terms and provisions of this Agreement and so long as you
fully comply at all times with this Agreement, ID grants to you the non-exclusive and limited right to
create for the Software (except any Software code) your own modifications (the "New Creations") which
shall operate only with the Software (but not any demo, test or other version of the Software). You may
include within the New Creations certain textures and other images (the "Software Images") from the
Software. You shall not create any New Creations which infringe against any third party right or which
are libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You agree that the
New Creations will not be shipped, transferred or exported into any country in violation of the U.S.
Export Administration Act (or any other law governing such matters) by you or anyone at your direction
and that you will not utilize and will not authorize anyone to utilize, in any other manner, the New
Creations in violation of any applicable law. The New Creations shall not be downloaded or otherwise
exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed
goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving such
property. You shall not rent, sell, lease, lend, offer on a pay-per-play basis or otherwise commercially
exploit or commercially distribute the New Creations. You are only permitted to distribute, without any
cost or charge, the New Creations to other end-users so long as such distribution is not infringing against
any third party right and is not otherwise illegal or unlawful. As noted below, in the event you commit
any breach of this Agreement, your license and this Agreement shall automatically terminate, without
notice. You hereby agree to indemnify, defend and hold harmless ID and ID's officers, employees,
directors, agents, licensees (excluding you), sub-licensees (excluding you), successors and assigns from
and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from the
New Creations or the distribution or other use of the New Creations or relating to and/or arising from
your breach of this Agreement. Your obligations set forth in the immediately preceding sentence shall
survive the cancellation or termination of this Agreement.

3. Prohibitions with Regard to Software. You, whether directly or indirectly, shall not do any of the
following acts:

a. rent the Software;

b. sell the Software;


c. lease or lend the Software;

d. offer the Software on a pay-per-play basis;

e. distribute the Software by any means, including, but not limited to, Internet or other electronic
distribution, direct mail, retail, mail order or other means;

f. in any other manner and through any medium whatsoever commercially exploit the Software or use the
Software for any commercial purpose;

g. disassemble, reverse engineer, decompile, modify (except as permitted by section 2. herein above) or
alter the Software;

h. translate the Software;

i. reproduce or copy the Software (except as permitted by section 4. herein below);

j. publicly display the Software;

k. prepare or develop derivative works based upon the Software; or

l. remove or alter any notices or other markings or legends, such as trademark or copyright notices,
affixed on or within the Software or the Printed Materials (as defined in section 5. below).

4. Permitted Copying. You may make only the following copies of the Software: (i) you may copy the
Software from the CD ROM which you purchase onto your computer hard drive; (ii) you may copy the
Software from your computer hard drive into your computer RAM; and (iii) you may make one (1) "back
up" or archival copy of the Software on one (1) hard disk.

5. Intellectual Property Rights. Certain printed materials (the "Printed Materials") accompany the
Software. The Software, the Printed Materials and all copyrights, trademarks and all other conceivable
intellectual property rights related to the Software and the Printed Materials are owned by ID and are
protected by United States copyright laws, international treaty provisions and all applicable law, such as
the Lanham Act. You must treat the Software and the Printed Materials like any other copyrighted
material, as required by 17 U.S.C., §101 et seq. and other applicable law. You agree to use your best
efforts to see that any user of the Software licensed hereunder, the Printed Materials or the New Creations
complies with this Agreement. You agree that you are receiving a copy of the Software and the Printed
Materials by license only and not by sale and that the "first sale" doctrine of 17 U.S.C. §109 does not
apply to your receipt or use of the Software or the Printed Materials. This section 5. shall survive the
cancellation or termination of this Agreement.

6. No ID Warranties. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR


IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE
PRINTED MATERIALS, THE SOFTWARE IMAGES AND OTHERWISE. THE SOFTWARE
IS PROVIDED “AS IS” AND WITHOUT WARRANTY. ID DOES NOT WARRANT THAT THE
SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIAL OR SPECIFIC
REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO
NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE RELIED UPON. This
section 6. shall survive the cancellation or termination of this Agreement.

7. Governing Law, Venue, Indemnity and Liability Limitation. This Agreement shall be construed in
accordance with and governed by the applicable laws of the State of Texas and applicable United States
federal law. Except as set forth below, exclusive venue for all litigation regarding this Agreement shall
be in Dallas County, Texas and you agree to submit to the jurisdiction of the federal and state courts in
Dallas County, Texas for any such litigation. You agree to indemnify, defend and hold harmless ID and
ID’s officers, employees, directors, shareholders, agents, licensees (excluding you), predecessors,
successors and assigns from and against all losses, lawsuits, damages, causes of action and claims relating
to and/or arising from your breach of this Agreement. You agree that your unauthorized use of the
Software Images, the Printed Materials, or the Software, or any part thereof, may immediately and
irreparably damage ID such that ID could not be adequately compensated solely by a monetary award,
and in such event, at ID's option, that ID shall be entitled to an injunctive order, in addition to all other
available remedies including a monetary award, to prohibit such unauthorized use without the necessity of
ID posting bond or other security.

IN ANY CASE, ID AND ID'S OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS,


REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES
(EXCLUDING YOU), SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF
DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR PUNITIVE DAMAGES OR OTHER DAMAGES ARISING FROM ANY ALLEGED
CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY EVEN IF ID OR ID’S AGENT(S)
HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH
DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some
jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. This section 7. shall survive the cancellation or termination
of this Agreement.

8. U.S. Government Restricted Rights. To the extent applicable, the United States Government shall
only have those rights to use the Software and the Printed Materials as expressly stated and expressly
limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204,
inclusive.

9. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or
sublicensed by you. ID may assign its rights under this Agreement in ID's sole discretion. Should any
provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent
jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby. If any
provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a
modification of such provision to provide for enforcement of the provision's intent, to the extent permitted
by applicable law. Failure of ID to enforce any provision of this Agreement shall not constitute or be
construed as a waiver of such provision or of the right to enforce such provision. Immediately upon your
failure to comply with or breach of any term or provision of this Agreement, YOUR LICENSE AND
THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID
MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER
APPLICABLE LAW AND/OR THIS AGREEMENT. Immediately upon termination of this Agreement,
any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software,
the Printed Materials or the New Creations, in any manner, and you shall immediately destroy all copies
of the Software, the Printed Materials and the New Creations in your possession, custody or control, and
all rights granted hereunder shall revert, without notice, to, and be vested in, ID.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF
THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR
COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER
AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS, IF ANY, BETWEEN ID AND
YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS
AND LIABILITIES OF THE PARTIES HERETO, RELATING TO THE SUBJECT MATTER
HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS
OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, BETWEEN ID AND
YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

You might also like