remove EULA document to prevent confusion
This commit is contained in:
parent
1704eecc52
commit
04a6532d27
|
@ -1,184 +0,0 @@
|
||||||
LIMITED COMPATIBILITY TESTING AND RECREATIONAL
|
|
||||||
USE SOFTWARE TEST LICENSE AGREEMENT
|
|
||||||
|
|
||||||
This Limited Compatibility Testing and Recreational Use Software Test
|
|
||||||
License Agreement (the "Agreement") is a legal agreement between you, the
|
|
||||||
end-user, and Id Software, Inc. ("ID"). BY CONTINUING THE INSTALLATION
|
|
||||||
OF THIS TEST VERSION OF THE GAME PROGRAM ENTITLED QUAKE III: ARENA (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 ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
|
|
||||||
|
|
||||||
1. Grant of License. Subject to the terms and provisions of this
|
|
||||||
Agreement, ID grants to you the non-exclusive limited right to use this
|
|
||||||
Software only in executable or object code form and only for the purpose
|
|
||||||
of testing the compatibility of your computer system with the Software
|
|
||||||
and for non-commercial, recreational purposes. The term "Software"
|
|
||||||
includes all elements of the Software such as data files and screen
|
|
||||||
displays. You are not receiving any ownership or proprietary right,
|
|
||||||
title or interest in or to the Software or the copyright, trademarks, or
|
|
||||||
other rights related thereto. For purposes 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.
|
|
||||||
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) by you or anyone at your direction
|
|
||||||
and that you will not utilize and will not authorize anyone to utilize,
|
|
||||||
in any other manner, the Software in violation of any applicable law.
|
|
||||||
The Software may not be downloaded or otherwise exported or reexported
|
|
||||||
into (or to a national or resident of) any country to which the U.S. has
|
|
||||||
embargoed goods or to anyone or into any country who/which are prohibited,
|
|
||||||
by applicable law, from receiving such property.
|
|
||||||
|
|
||||||
2. Prohibitions. You, either 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 by electronic means, as permitted
|
|
||||||
by section 3. hereinbelow) by any means, including, but not limited to
|
|
||||||
direct mail, retail, mail order or other means;
|
|
||||||
|
|
||||||
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, disassemble, decompile, modify
|
|
||||||
or alter the Software;
|
|
||||||
|
|
||||||
h. translate the Software;
|
|
||||||
|
|
||||||
i. reproduce or copy the Software (except as permitted by section
|
|
||||||
3. hereinbelow);
|
|
||||||
|
|
||||||
j. publicly display the Software;
|
|
||||||
|
|
||||||
k. prepare or develop derivative works based upon the Software;
|
|
||||||
|
|
||||||
l. remove or alter any legal notices, such as trademark and copyright
|
|
||||||
notices, affixed on or within the Software; or
|
|
||||||
|
|
||||||
m. create or develop extra or add-on levels for the Software.
|
|
||||||
|
|
||||||
3. Permitted Electronic Distribution and Copying. So long as this
|
|
||||||
Agreement accompanies the Software at all times, ID grants to you the
|
|
||||||
limited right to distribute, free of charge, and by electronic means
|
|
||||||
only, the Software. Anyone who receives the Software shall be limited to
|
|
||||||
all the terms and conditions of this Agreement. You may make only the
|
|
||||||
following copies of the Software: (i) you may download the Software
|
|
||||||
from the Internet and onto your computer hard drive; (ii) you may copy
|
|
||||||
the Software from your computer hard drive into your computer RAM; and
|
|
||||||
(iii) you may make one (1) "back up" or archival copy of the Software
|
|
||||||
on one (1) hard disk.
|
|
||||||
|
|
||||||
4. Copyright. The Software and all copyrights, trademarks and all
|
|
||||||
other conceivable intellectual property rights related to the Software
|
|
||||||
are owned by ID 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 complies with this Agreement. You agree that you
|
|
||||||
are receiving a copy of the Software by 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.
|
|
||||||
|
|
||||||
5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
|
|
||||||
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
|
|
||||||
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO
|
|
||||||
THE SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
|
|
||||||
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR
|
|
||||||
SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS,
|
|
||||||
WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD
|
|
||||||
NOT BE RELIED UPON.
|
|
||||||
|
|
||||||
6. Governing Law, Venue and Liability Limitation. This Agreement
|
|
||||||
shall be construed in accordance with and governed by the applicable laws
|
|
||||||
of the State of Texas and applicable United States federal law. Copyright
|
|
||||||
and other proprietary matters will be governed by United States laws and
|
|
||||||
international treaties. Exclusive venue for all litigation regarding
|
|
||||||
this Agreement shall be in Dallas County, Texas and you agree to submit to
|
|
||||||
the jurisdiction of the courts in Dallas, Texas for any such litigation.
|
|
||||||
IN ANY CASE, NEITHER ID NOR ID'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS,
|
|
||||||
LICENSEES, SUBLICENSEES, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF
|
|
||||||
DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
|
|
||||||
INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF
|
|
||||||
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY,
|
|
||||||
OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE
|
|
||||||
POSSIBILITY OF 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.
|
|
||||||
|
|
||||||
7. U.S. Government Restricted Rights. To the extent applicable,
|
|
||||||
the United States Government shall only have those rights to use the
|
|
||||||
Software as expressly stated and expressly limited and restricted in
|
|
||||||
this Agreement, as provided in 48 C.F.R. ¤¤ 227.7202-1 through 227.7204,
|
|
||||||
inclusive.
|
|
||||||
|
|
||||||
8. General Provisions. A copy of all notices or other correspondence
|
|
||||||
which you send to ID shall also be sent by you to ID's counsel:
|
|
||||||
|
|
||||||
D. Wade Cloud, Jr.
|
|
||||||
HIERSCHE, MARTENS, HAYWARD, DRAKELEY & URBACH, P.C.
|
|
||||||
15303 Dallas Parkway, Suite 700
|
|
||||||
Dallas, TX 75248
|
|
||||||
(972) 701-7000
|
|
||||||
Facsimile: (972) 701-8765
|
|
||||||
|
|
||||||
Neither this Agreement nor any part or portion hereof shall be assigned
|
|
||||||
or sublicensed by you. ID may assign its rights under this Agreement
|
|
||||||
in ID's sole discretion. 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 ID 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 term of this
|
|
||||||
Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE AND
|
|
||||||
ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE
|
|
||||||
UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. You agree that in the event
|
|
||||||
of litigation relating to this Agreement, the prevailing litigant shall
|
|
||||||
be entitled to recover the prevailing litigant's attorneys' fees and
|
|
||||||
expenses and costs of court in addition to all other relief available
|
|
||||||
under this Agreement and/or applicable law. In the event this Agreement
|
|
||||||
is terminated, you shall have no right to use the Software, in any manner
|
|
||||||
and you shall immediately destroy all copies of the Software in your
|
|
||||||
possession, custody or control. You agree that your unauthorized use
|
|
||||||
of any ID property, whether in whole or in part, would immediately and
|
|
||||||
irreparably damage ID such that ID could not be adequately compensated
|
|
||||||
by an award of monetary damages, and in the event of such threatened
|
|
||||||
or actual unauthorized use ID shall be entitled to an injunctive order
|
|
||||||
appropriately restraining and/or prohibiting such unauthorized use
|
|
||||||
without the necessity of ID posting bond or other security.
|
|
||||||
|
|
||||||
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
|
|
||||||
AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
|
|
||||||
SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
|
|
||||||
THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND
|
|
||||||
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 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 HERETO. 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.
|
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
April 23, 1999 5:11 p.m.
|
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
LIMITED COMPATIBILITY TESTING AND RECREATIONAL USE SOFTWARE
|
|
||||||
TEST LICENSE AGREEMENT Page 4
|
|
||||||
3406.0586\C:\DWC\DOC\2082.DOC
|
|
||||||
|
|
Loading…
Reference in New Issue