130 lines
7.3 KiB
Text
130 lines
7.3 KiB
Text
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LIMITED USE SOFTWARE LICENSE AGREEMENT
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This Limited Use Software License Agreement (the "Agreement")
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is a legal agreement between you, the end-user, and Id Software, Inc.
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("ID"). By continuing the downloading of this Wolfenstein 3D
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(the "Trademark") software material, which includes source code
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(the "Source Code"), artwork data, music and software tools
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(collectively, the "Software"), you are agreeing to be bound by the
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terms of this Agreement. If you do not agree to the terms of this
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Agreement, promptly destroy the Software you may have downloaded.
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ID SOFTWARE LICENSE
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Grant of License. ID grants to you the right to use one (1)
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copy of the Software on a single computer. You have no ownership or
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proprietary rights in or to the Software, or the Trademark. For purposes
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of this section, "use" means loading the Software into RAM, as well as
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installation on a hard disk or other storage device. The Software,
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together with any archive copy thereof, shall be destroyed when no longer
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used in accordance with this Agreement, or when the right to use the
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Software is terminated. You agree that the Software will not be shipped,
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transferred or exported into any country in violation of the U.S.
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Export Administration Act (or any other law governing such matters) and
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that you will not utilize, in any other manner, the Software in violation
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of any applicable law.
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Permitted Uses. For educational purposes only, you, the end-user,
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may use portions of the Source Code, such as particular routines, to
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develop your own software, but may not duplicate the Source Code, except
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as noted in paragraph 4. The limited right referenced in the preceding
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sentence is hereinafter referred to as "Educational Use." By so exercising
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the Educational Use right you shall not obtain any ownership, copyright,
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proprietary or other interest in or to the Source Code, or any portion of
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the Source Code. You may dispose of your own software in your sole
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discretion. With the exception of the Educational Use right, you may not
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otherwise use the Software, or an portion of the Software, which includes
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the Source Code, for commercial gain.
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Prohibited Uses: Under no circumstances shall you, the end-user,
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be permitted, allowed or authorized to commercially exploit the Software.
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Neither you nor anyone at your direction shall do any of the following acts
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with regard to the Software, or any portion thereof:
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Rent;
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Sell;
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Lease;
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Offer on a pay-per-play basis;
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Distribute for money or any other consideration; or
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In any other manner and through any medium whatsoever commercially
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exploit or use for any commercial purpose.
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Notwithstanding the foregoing prohibitions, you may commercially exploit the
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software you develop by exercising the Educational Use right, referenced in
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paragraph 2. hereinabove.
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Copyright. The Software and all copyrights related thereto
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(including all characters and other images generated by the Software
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or depicted in the Software) are owned by ID and is protected by
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United States copyright laws and international treaty provisions.
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Id shall retain exclusive ownership and copyright in and to the Software
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and all portions of the Software and you shall have no ownership or other
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proprietary interest in such materials. You must treat the Software like
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any other copyrighted material, except that you may either (a) make one
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copy of the Software solely for back-up or archival purposes, or (b)
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transfer the Software to a single hard disk provided you keep the original
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solely for back-up or archival purposes. You may not otherwise reproduce,
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copy or disclose to others, in whole or in any part, the Software. You
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may not copy the written materials accompanying the Software. You agree
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to 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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NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED,
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INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
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FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED
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WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH
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VARY FROM JURISDICTION TO JURISDICTION. ID DOES NOT WARRANT THAT THE
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OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR
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SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
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EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
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DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO
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THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF ID.
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Exclusive Remedies. The Software is being offered to you free of any
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charge. You agree that you have no remedy against ID, its affiliates,
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contractors, suppliers, and agents for loss or damage caused by any defect
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or failure in the Software regardless of the form of action, whether in
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contract, tort, includinegligence, strict liability or otherwise, with
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regard to the Software. This Agreement shall be construed in accordance
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with 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 international
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treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF
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PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER
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SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT,
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NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
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Some jurisdictions do not allow the exclusion or limitation of incidental or
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consequential damages, so the above limitation or exclusion may not apply to
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you.
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General Provisions. Neither this Agreement nor any part or portion
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hereof shall be assigned, sublicensed or otherwise transferred by you.
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Should any provision of this Agreement be held to be void, invalid,
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unenforceable or illegal by a court, the validity and enforceability of the
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other provisions shall not be affected thereby. If any provision is
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determined to be unenforceable, you agree to a modification of such
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provision to provide for enforcement of the provision's intent, to the
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extent permitted by applicable law. Failure of a party to enforce any
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provision of this Agreement shall not constitute or be construed as a
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waiver of such provision or of the right to enforce such provision. If
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you fail to comply with any terms of this Agreement, YOUR LICENSE IS
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AUTOMATICALLY TERMINATED and you agree to the issuance of an injunction
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against you in favor of Id. You agree that Id shall not have to post
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bond or other security to obtain an injunction against you to prohibit
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you from violating Id's rights.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
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UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE
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DOWNLOADING OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S
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TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE
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AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE
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STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
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SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND
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ANY OTHER COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER
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OF THIS AGREEMENT
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