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# *ENEMY TERRITORY: QUAKE WARS™* SOFTWARE DEVELOPMENT KIT
# LIMITED USE LICENSE AGREEMENT
This *ENEMY TERRITORY: QUAKE WARS™* Software Development Kit Limited Use
License Agreement (this "Agreement") is a legal agreement among you, the
end-user, and Id Software, Inc. ("Id Software"). **BY CONTINUING THE
DOWNLOAD OR INSTALLATION OF THIS SOFTWARE DEVELOPMENT KIT (THE
"SOFTWARE") FOR THE GAME PROGRAM ENTITLED *ENEMY TERRITORY: QUAKE
WARS**™*, 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 AND CONDITIONS OF
THIS AGREEMENT. YOU ACKNOWLEDGE AND UNDERSTAND THAT IN ORDER TO OPERATE
THE SOFTWARE, YOU MUST HAVE THE FULL VERSION OF THE ID SOFTWARE GAME
ENTITLED *ENEMY TERRITORY: QUAKE WARS**™* INSTALLED ON YOUR COMPUTER.**
**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 Software grants to you the non-exclusive and limited right
to use the Software only in executable or object code form as expressly
permitted herein. 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 5
hereinbelow. You agree that the Software will not be downloaded,
shipped, transferred, exported or re‑exported into any country in
violation of the United States 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 the
Software in any other manner in violation of any applicable law. The
Software shall not be downloaded or otherwise exported or re‑exported
into (or to a national or resident of) any country to which the United
States has embargoed goods, or to anyone or into any country who/that
are prohibited, by applicable law, from receiving such property. In
exercising your limited rights hereunder, you shall comply <u>at all
times</u> with all applicable laws, regulations, ordinances, and
statutes. Id Software reserves all rights not granted in this Agreement,
including, without limitation, all rights to Id Software's trademarks,
including without limitation the trademark *ENEMY TERRITORY: QUAKE
WARS™,* and you agree you are not receiving any right to use any Id
Software trademark.
**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 Software grants to you the non-exclusive and limited right
to use the Software to create for the software game *ENEMY TERRITORY:
QUAKE WARS™* your own modifications (the "New Creations") that shall
operate only with *ENEMY TERRITORY: QUAKE WARS™* (but not any demo,
test, or other version of *ENEMY TERRITORY: QUAKE WARS™*). 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 that infringe against any third-party right or that are
libelous, defamatory, obscene, false, misleading, or otherwise illegal
or unlawful. You agree that the New Creations will not be downloaded,
shipped, transferred, exported, or re‑exported into any country in
violation of the United States 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 the New
Creations in any other manner 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 United States has embargoed goods or to anyone or into any country
who/that 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 permitted to distribute, without any cost or
charge, the New Creations only to other end-users so long as such
distribution is not infringing against any third-party right and
otherwise is not illegal or unlawful. As noted below, in the event you
commit any breach of this Agreement, your license and this Agreement
automatically shall terminate, without notice.
**3. Prohibitions with Regard to the 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 (except as permitted under <u>Section 5</u>
hereinbelow);
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 under <u>Section 2</u> hereinabove) or alter the Software;
h\. translate the Software;
i\. reproduce or copy the Software (except as permitted under <u>Section
5</u> hereinbelow);
j\. publicly display the Software;
k\. prepare or develop derivative works based upon the Software;
l\. remove or alter any notices or other markings or legends, such as
trademark or copyright notices, affixed on or within the Software; or
m\. remove, alter, modify, disable, or reduce any of the anti-piracy
measures contained in the Software or in *ENEMY TERRITORY: QUAKE WARS™*,
including, without limitation, measures relating to multiplayer play.
**4. Prohibition against Cheat Programs.** Any attempt by you, either
directly or indirectly, to circumvent or bypass any element of the
Software to gain any advantage in multiplayer play of the Software is a
material breach of this Agreement. It is a material breach of this
Agreement for you, whether directly or indirectly, to create, develop,
copy, reproduce, distribute, or otherwise make any use of any software
program or any modification to the Software ("Cheat Program") itself
that enables or allows the user thereof to obtain an advantage or
otherwise exploit another Software player or user when playing the
Software against other players or users on a local area network, any
other network, or on the Internet. Hacking into the executable of the
Software, modification of the Software, or any other use of the Software
in connection with the creation, development, or use of any such
unauthorized Cheat Program is a material breach of this Agreement. Cheat
Programs include, but are not limited to,** **programs that allow
Software players or users to see through walls or other level geometry;
programs that allow Software players or users to change their rate of
speed outside the allowable limits of the Software; programs that crash
either and/or other Software players, users, PC clients, or network
servers; programs that automatically target other Software players or
users (commonly referred to as "aimbots") that automatically simulate
Software player or user input for the purpose of gaining an advantage
over other Software players or users; or any other program or
modification that functions in a similar capacity or allows any
prohibited conduct. In the event you breach this Section or otherwise
breach this Agreement, the license granted to you herein and this
Agreement automatically shall terminate, without notice, and you shall
have no right to play the Software against other players or make any
other use of the Software.
**5. Permitted Distribution and Copying.** So long as this Agreement
accompanies <u>each copy</u> you make of the Software, and so long as
you comply fully at all times with this Agreement, Id Software grants to
you the non-exclusive and limited right to copy the Software and to
distribute such copies of the Software <u>free of charge</u> for
<u>non-commercial</u> purposes that shall include the free-of-charge
distribution of copies of the Software as mounted on the covers of
magazines; provided, however, you shall **not **copy or distribute the
Software in any infringing manner or in any manner that violates any law
or third-party right, and you shall **not** distribute the Software
together with any material that infringes against any third-party right
or that is libelous, defamatory, obscene, false, misleading, or
otherwise illegal or unlawful. Subject to the terms and conditions of
this Agreement, you also may: (i) download one (1) copy of the Software
or copy the Software from the CD ROM on which you received your copy of
the Software onto your computer RAM; (ii) copy the Software from your
computer RAM onto your computer hard drive; and (iii) make one (1)
"backup" or archival copy of the Software on one (1) hard disk. In
exercising your limited rights hereunder, you shall comply at all times
with all applicable laws, regulations, ordinances, and statutes. Id
Software reserves all rights not granted in this Agreement. **You shall
not distribute the Software commercially unless you first enter into a
separate contract with Id Software, on terms and conditions determined
in Id Software's sole discretion, and only upon your receipt of a
written agreement executed by an authorized officer of Id Software.**
**6. Intellectual Property Rights.** The Software and all copyrights,
trademarks, and all other conceivable intellectual property rights
related to the Software are owned by Id Software 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 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 or the New Creations
complies with this Agreement. You agree that you are receiving a copy of
the Software by limited 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. This Section shall survive the cancellation or
termination of this Agreement.
**7. NO ID SOFTWARE WARRANTIES.** **ID SOFTWARE 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 SOFTWARE IMAGES, AND OTHERWISE. THE SOFTWARE IS PROVIDED
"AS IS" AND WITHOUT WARRANTY. ID SOFTWARE 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 SPECIFIC OR SPECIAL
REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT
CONSTITUTE WARRANTIES BY ID SOFTWARE AND SHOULD NOT BE RELIED UPON.**
This Section shall survive the cancellation or termination of this
Agreement.
**8. 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 (but excluding conflicts of laws
principles) 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 hereby agree to indemnify, defend and hold
harmless Id Software and Id Software'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. You agree
that your unauthorized use of the Software Images or the Software, or
any part thereof, immediately and irreparably may damage Id Software
such that Id Software could not be adequately compensated solely by a
monetary award, and in such event, at Id Software's option, that Id
Software 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 Software posting bond or
other security. **ID SOFTWARE AND ID SOFTWARE'S OFFICERS, EMPLOYEES,
DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING
YOU), SUB-LICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS <u>SHALL
NOT</u> BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSS OF DATA, LOSS OF
PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM
FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT
LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID SOFTWARE OR ITS RESPECTIVE
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 shall survive
the cancellation or termination of this Agreement.
**9. United States Government Restricted Rights.** To the extent
applicable, the United States Government shall have only those rights to
use the Software as expressly stated and expressly limited and
restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201
through 227.7204, inclusive.
**10. General Provisions.** Neither this Agreement nor any part or
portion hereof shall be assigned or sublicensed by you. Id Software may
assign its rights under this Agreement in its 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 Software 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 YOUR BREACH OF ANY
TERM OR PROVISION OF THIS AGREEMENT, THE LICENSE GRANTED TO YOU HEREIN
AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND ID
SOFTWARE MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT 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
or the New Creations, in any manner, you immediately shall destroy all
copies of the Software and the New Creations in your possession,
custody, or control, and all rights granted hereunder to you shall
revert, without notice, to and be vested in Id Software.
**YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
AGREEMENT, AND YOU UNDERSTAND THAT, BY CONTINUING THE DOWNLOAD OR
INSTALLATION OF 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 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.**