diff --git a/id_patch_pk3s_Q3A_EULA.txt b/id_patch_pk3s_Q3A_EULA.txt deleted file mode 100644 index f8cdde3f..00000000 --- a/id_patch_pk3s_Q3A_EULA.txt +++ /dev/null @@ -1,219 +0,0 @@ -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 INSTALLATION OF THIS GAME DEMO 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 and limited right to use the -Software only in executable or object code form. 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 -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 and means the uses permitted in section 3. -hereinbelow. 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 exported 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 as permitted by section 3. -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 or alter the -Software including, without limitation, creating or developing extra or -add-on levels for 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; or - - - -l. remove or alter any legal notices or other markings or -legends, such as trademark and copyright notices, affixed on or within -the Software. - - - -3. Permitted Distribution and Copying. So long as this Agreement -accompanies each copy you make of the Software, and so long as you fully -comply, at all times, with this Agreement, ID 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 -which 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 which violates any law or third party right and you shall -not distribute the Software together with any material which is -infringing, libelous, defamatory, obscene, false, misleading, or -otherwise illegal or unlawful. You agree to label conspicuously as -"SHAREWARE" or "DEMO" each CD or other non-electronic copy of the -Software that you make and distribute. ID reserves all rights not -granted in this Agreement. You shall not commercially distribute the -Software unless you first enter into a separate contract with ID, a -copy of which you may request, but which ID may decline to execute. -For more information visit www.quake3arena.com. - - - -4. Intellectual Property Rights. 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. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS -AGREEMENT. - - - -6. 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 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. You agree to indemnify, defend and hold -harmless ID and ID's officers, employees, directors, agents, licensees -(excluding you), successors and assigns from and against all losses, -lawsuits, damages, causes of action and claims relating to and/or -arising from your breach of this Agreement. You agree that your -unauthorized use of the Software, or any part thereof, may immediately -and irreparably damage ID such that ID could not be adequately -compensated solely by a monetary award and that at ID's option ID shall -be entitled to an injunctive order, in addition to all other available -remedies including a monetary award, appropriately restraining and/or -prohibiting such unauthorized use without the necessity of ID posting -bond or other security. IN ANY CASE, ID AND ID'S OFFICERS, EMPLOYEES, -DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS AND ASSIGNS -SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, -SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR -DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH -OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL -THEORY EVEN IF ID OR ITS AGENT HAVE 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. This -Section 6. shall survive cancellation or termination of this Agreement. - - - -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. §§ 227.7201 through 227.7204, -inclusive. - - - -8. General Provisions. 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 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 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 breach of any term or provision of this Agreement, THIS AGREEMENT -AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID -MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER -APPLICABLE LAW AND/OR THIS AGREEMENT. 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 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.