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