From 6ce04f7480ac73459768e1cdc35c2a502b49ff4a Mon Sep 17 00:00:00 2001 From: Martian Buddy Date: Wed, 10 May 2023 23:32:29 +0000 Subject: [PATCH] Add 'EULA' --- EULA.md | 273 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 273 insertions(+) create mode 100644 EULA.md diff --git a/EULA.md b/EULA.md new file mode 100644 index 0000000..2aa15b3 --- /dev/null +++ b/EULA.md @@ -0,0 +1,273 @@ +# *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 at all +times 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 Section 5 +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 Section 2 hereinabove) or alter the Software; + +h\. translate the Software; + +i\. reproduce or copy the Software (except as permitted under Section +5 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 each copy 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 free of charge for +non-commercial 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 SHALL +NOT 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.** \ No newline at end of file