175 lines
9.8 KiB
Text
175 lines
9.8 KiB
Text
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)
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