2005-08-26 17:39:27 +00:00
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LIMITED COMPATIBILITY TESTING AND RECREATIONAL
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USE SOFTWARE TEST LICENSE AGREEMENT
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This Limited Compatibility Testing and Recreational Use Software Test
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License Agreement (the "Agreement") is a legal agreement between you, the
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end-user, and Id Software, Inc. ("ID"). BY CONTINUING THE INSTALLATION
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OF THIS TEST VERSION OF THE GAME PROGRAM ENTITLED QUAKE III: ARENA (THE
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"SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
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THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE,
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YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
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1. Grant of License. Subject to the terms and provisions of this
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Agreement, ID grants to you the non-exclusive limited right to use this
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Software only in executable or object code form and only for the purpose
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of testing the compatibility of your computer system with the Software
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and for non-commercial, recreational purposes. The term "Software"
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includes all elements of the Software such as data files and screen
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displays. You are not receiving any ownership or proprietary right,
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title or interest in or to the Software or the copyright, trademarks, or
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other rights related thereto. For purposes of this section, "use" means
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loading the Software into RAM and/or onto computer hard drive, as well
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as installation of the Software on a hard disk or other storage device.
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You agree that the Software will not be shipped, transferred or exported
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into any country in violation of the U.S. Export Administration Act (or
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any other law governing such matters) by you or anyone at your direction
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and that you will not utilize and will not authorize anyone to utilize,
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in any other manner, the Software in violation of any applicable law.
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The Software may not be downloaded or otherwise exported or reexported
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into (or to a national or resident of) any country to which the U.S. has
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embargoed goods or to anyone or into any country who/which are prohibited,
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by applicable law, from receiving such property.
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2. Prohibitions. You, either directly or indirectly, shall not do
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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 (except by electronic means, as permitted
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by section 3. hereinbelow) by any means, including, but not limited to
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direct mail, retail, mail order or other means;
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f. in any other manner and through any medium whatsoever commercially
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exploit the Software or use the Software for any commercial purpose;
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g. disassemble, reverse engineer, disassemble, decompile, modify
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or alter the Software;
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h. translate the Software;
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i. reproduce or copy the Software (except as permitted by section
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3. hereinbelow);
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j. publicly display the Software;
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k. prepare or develop derivative works based upon the Software;
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l. remove or alter any legal notices, such as trademark and copyright
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notices, affixed on or within the Software; or
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m. create or develop extra or add-on levels for the Software.
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3. Permitted Electronic Distribution and Copying. So long as this
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Agreement accompanies the Software at all times, ID grants to you the
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limited right to distribute, free of charge, and by electronic means
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only, the Software. Anyone who receives the Software shall be limited to
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all the terms and conditions of this Agreement. You may make only the
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following copies of the Software: (i) you may download the Software
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from the Internet and onto your computer hard drive; (ii) you may copy
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the Software from your computer hard drive into your computer RAM; and
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(iii) you may make one (1) "back up" or archival copy of the Software
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on one (1) hard disk.
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4. Copyright. The Software and all copyrights, trademarks and all
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other conceivable intellectual property rights related to the Software
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are owned by ID and are protected by United States copyright laws,
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international treaty provisions and all applicable law, such as the
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Lanham Act. You must treat the Software like any other copyrighted
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material, as required by 17 U.S.C., <20>101 et seq. and other applicable law.
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You agree to use your best efforts to see that any user of the Software
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licensed hereunder complies with this Agreement. You agree that you
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are receiving a copy of the Software by license only and not by sale and
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that the "first sale" doctrine of 17 U.S.C. <20>109 does not apply to your
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receipt or use of the Software.
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5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
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OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO
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THE SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
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WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR
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SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS,
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WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD
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NOT BE RELIED UPON.
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6. Governing Law, Venue and Liability Limitation. This Agreement
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shall be construed in accordance with and governed by the applicable laws
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of the State of Texas and applicable United States federal law. Copyright
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and other proprietary matters will be governed by United States laws and
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international treaties. Exclusive venue for all litigation regarding
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this Agreement shall be in Dallas County, Texas and you agree to submit to
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the jurisdiction of the courts in Dallas, Texas for any such litigation.
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IN ANY CASE, NEITHER ID NOR ID'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS,
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LICENSEES, SUBLICENSEES, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF
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DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
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INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF
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WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY,
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OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE,
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OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not
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allow the exclusion or limitation of incidental or consequential damages,
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so the above limitation or exclusion may not apply to you.
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7. U.S. Government Restricted Rights. To the extent applicable,
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the United States Government shall only have those rights to use the
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Software as expressly stated and expressly limited and restricted in
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this Agreement, as provided in 48 C.F.R. <20><> 227.7202-1 through 227.7204,
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inclusive.
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8. General Provisions. A copy of all notices or other correspondence
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which you send to ID shall also be sent by you to ID's counsel:
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D. Wade Cloud, Jr.
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HIERSCHE, MARTENS, HAYWARD, DRAKELEY & URBACH, P.C.
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15303 Dallas Parkway, Suite 700
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Dallas, TX 75248
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(972) 701-7000
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Facsimile: (972) 701-8765
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Neither this Agreement nor any part or portion hereof shall be assigned
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or sublicensed by you. ID may assign its rights under this Agreement
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in ID's sole discretion. Should any provision of this Agreement
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be held to be void, invalid, unenforceable or illegal by a court,
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the validity and enforceability of the other provisions shall not be
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affected thereby. If any provision is determined to be unenforceable,
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you agree to a modification of such provision to provide for enforcement
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of the provision's intent, to the extent permitted by applicable law.
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Failure of ID 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 right
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to enforce such provision. If you fail to comply with any term of this
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Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE AND
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ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE
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UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. You agree that in the event
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of litigation relating to this Agreement, the prevailing litigant shall
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be entitled to recover the prevailing litigant's attorneys' fees and
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expenses and costs of court in addition to all other relief available
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under this Agreement and/or applicable law. In the event this Agreement
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is terminated, you shall have no right to use the Software, in any manner
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and you shall immediately destroy all copies of the Software in your
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possession, custody or control. You agree that your unauthorized use
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of any ID property, whether in whole or in part, would immediately and
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irreparably damage ID such that ID could not be adequately compensated
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by an award of monetary damages, and in the event of such threatened
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or actual unauthorized use ID shall be entitled to an injunctive order
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appropriately restraining and/or prohibiting such unauthorized use
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without the necessity of ID posting bond or other security.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
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AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
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SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
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THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND
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BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT,
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EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT
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IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF
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THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS,
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PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN ID
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AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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April 23, 1999 5:11 p.m.
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LIMITED COMPATIBILITY TESTING AND RECREATIONAL USE SOFTWARE
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TEST LICENSE AGREEMENT Page 4
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3406.0586\C:\DWC\DOC\2082.DOC
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