mirror of
https://github.com/UberGames/lilium-voyager.git
synced 2024-12-13 13:40:56 +00:00
184 lines
9.2 KiB
Text
184 lines
9.2 KiB
Text
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., <20>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. <20>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. <20><> 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
|
||
|