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Readme und Lizenz fuer die Addons
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LICENSE
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LICENSE
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LIMITED PROGRAM SOURCE CODE LICENSE
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This Limited Program Source Code License (the "Agreement") is between
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Id Software, Inc., a Texas corporation, (hereinafter "Id Software")
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and Licensee (as defined below) and is made effective beginning on
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the date you, the Licensee, download the Code, as defined below,
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(the "Effective Date"). BY DOWNLOADING THE CODE, AS DEFINED
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BELOW, YOU, THE LICENSEE, AGREE TO ALL THE TERMS AND CONDITIONS OF
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THIS AGREEMENT. YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE
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DOWNLOADING THE CODE. EVERY PERSON IN POSSESSION OF AN AUTHORIZED
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COPY, AS DEFINED BELOW, OF THE CODE SHALL BE SUBJECT TO THE TERMS
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AND CONDITIONS OF THIS AGREEMENT.
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R E C I T A L S
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WHEREAS, Id Software is the owner and developer of the computer software
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program source code accompanied by this Agreement (the "Code");
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WHEREAS, Id Software desires to license certain limited non-exclusive
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rights regarding the Code to Licensee; and
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WHEREAS, Licensee desires to receive a limited license for such rights.
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T E R M S A N D C O N D I T I O N S
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NOW, THEREFORE, for and in consideration of the mutual premises
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contained herein and for other good and valuable consideration,
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the receipt and sufficiency of which is hereby acknowledged, the
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undersigned parties do hereby agree as follows:
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1. Definitions. The parties hereto agree the following definitions
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shall apply to this Agreement:
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a. "Authorized Copy" shall mean a copy of the Code obtained by
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Authorized Means, as defined below. A copy of the Code is not
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an "Authorized Copy" unless it is accompanied by a copy of this
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Agreement and obtained by Authorized Means. A Modified Copy,
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as defined below, is not an Authorized Copy;
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b. "Authorized Means" shall mean obtaining an Authorized Copy only
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by downloading the Authorized Copy from Id Software's Internet web
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site or from another web site authorized or approved by Id Software
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for such purposes or by obtaining an Authorized Copy by electronic
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means via the Internet;
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c. "Code" shall mean the computer software program source code
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which accompanies this Agreement and includes Code included within
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any Modified Copy and which is the code that constitutes the
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Authorized Copy;
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d. "Game" shall mean QUAKE II;
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e. "Licensee" shall mean you, the person who is in possession of
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an Authorized Copy by Authorized Means; and
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f. "Modified Copy" shall mean a copy of the Code first obtained
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by Authorized Means which is subsequently modified by Licensee,
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as provided in paragraph 2. below.
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2. Grant of Rights. Subject to the terms and provisions of this
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Agreement, Id Software hereby grants to Licensee and Licensee hereby
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accepts, a limited, world-wide (except as otherwise provided herein),
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non-exclusive, non-transferable, and non-assignable license to: (i)
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use the Authorized Copy and the Modified Copy, as defined above, for
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the development by Licensee of extra levels operable with the Game (the
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"Extra Levels"); (ii) incorporate all or a portion of the Authorized Copy
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and the Modified Copy within the Extra Levels; (iii) distribute by way
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of a sublicense limited by the terms of this Agreement, free of charge
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and at no cost, the Authorized Copy and the Modified Copy to the extent
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such Modified Copy and such Authorized Copy, or a portion thereof, is
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included within the Extra Levels; (iv) distribute by way of a sublicense
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limited by the terms of this Agreement, free of charge and at no cost, by
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electronic transmission via the Internet only the Authorized Copy without
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any alteration or modification along with a copy of this Agreement which
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must always accompany the Authorized Copy; (v) modify the Authorized Copy
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in order to create a Modified Copy, as defined above; and (vi) distribute
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the Modified Copy by way of a sublicense limited by the terms of this
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Agreement, free of charge and at no cost, by electronic transmission via
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the Internet only. Each person or entity who/which receives a copy of
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the Code shall be subject to the terms of this Agreement but, no rights
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are granted to any person or entity who/which obtains, receives, or is
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in possession of any copy of the Code by other than Authorized Means.
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3. Reservation of Rights and Prohibitions. Id Software expressly
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reserves all rights not granted herein. Licensee shall not make any use
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of the trademarks relating to the Game or Id Software (the "Trademarks").
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Any use by Licensee of the Authorized Copy or the Modified Copy not
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expressly permitted in paragraph 2. above is expressly prohibited and
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any such unauthorized use shall constitute a material breach of this
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Agreement by Licensee. Any use of the Code, whether included within
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a Modified Copy or otherwise, and/or the Authorized Copy not permitted
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in this Agreement shall constitute an infringement or violation of Id
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Software's copyright in the Code. Licensee shall not copy, reproduce,
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manufacture or distribute (free of charge or otherwise) the Authorized
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Copy or the Modified Copy in any tangible media, including, without
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limitation, a CD ROM. Licensee shall not commercially exploit by sale,
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lease, rental or otherwise the Authorized Copy or the Modified Copy
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whether included within Extra Levels or otherwise. Licensee shall not
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commercially exploit by sale, lease, rental or otherwise any Extra Levels
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developed by the use of the Code, whether in whole or in part. Licensee
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is not receiving any rights hereunder regarding the Game, the Trademarks
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or any audio-visual elements, artwork, sound, music, images, characters,
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or other element of the Game. Licensee may modify the Authorized Copy in
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order to create a Modified Copy, as noted above, but all sublicensees who
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receive the Modified Copy shall not receive any rights to commercially
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exploit or to make any other use of the Code included therein except the
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right to use such Code for such sublicensee's personal entertainment. By
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way of example and not exclusion, a sublicensee for the Modified Copy
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shall not further modify the Code within the Modified Copy. Only the
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Licensee who obtains the Code by Authorized Means shall be permitted to
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modify such Code on the terms as described in this Agreement.
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4. Additional Obligations. In addition to the obligations of Licensee
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otherwise set forth in this Agreement, during the Term, and thereafter
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where specified, Licensee agrees that:
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a. Licensee will not attack or challenge the ownership by Id
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Software of the Code, the Authorized Copy, the Game, the Trademarks,
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or any copyright, patent or trademark or other intellectual property
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right related thereto and Licensee will not attack or challenge
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the validity of the license granted hereunder during the Term or
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thereafter; and
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b. Licensee will promptly inform Id Software of any unauthorized
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use of the Code, the Authorized Copy, the Trademarks, or the Game,
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or any portions thereof, and will reasonably assist Id Software
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in the enforcement of all rights Id Software may have against such
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unauthorized users.
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5. Ownership. Title to and all ownership rights in and to the Code,
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whether included within the Modified Copy, the Authorized Copy or
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otherwise, the Game, the Authorized Copy, and the Trademarks and the
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copyrights, trade secrets, trademarks, patents and all other intellectual
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property rights related thereto shall remain with Id Software which shall
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have the exclusive right to protect the same by copyright or otherwise.
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Licensee shall have no ownership rights in or to the Game, the Code,
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the Authorized Copy or the Trademarks. Licensee acknowledges that
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Licensee, by this Agreement, is only receiving a limited license to use
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the Authorized Copy, as specified in paragraph 2. of this Agreement.
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6. Compliance with Applicable Laws. In exercising Licensee's
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limited rights hereunder, Licensee shall comply with all applicable
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laws, [including, without limitation, 22 U.S.C., section 2778 and 22
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U.S.C. C.F.R. Parts 120-130 (1995)] regulations, ordinances and statutes,
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including, but not limited to, the import/export laws and regulations
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of the United States and its governmental and regulatory agencies
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(including, without limitation, the Bureau of Export Administration
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and the U.S. Department of Commerce) and all applicable international
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treaties and laws.
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7. Term and Termination.
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a. The term of this Agreement and the license granted herein
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begins on the Effective Date and shall expire, without notice,
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on a date one (1) calendar year from the Effective Date (the "Term").
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b. Either party may terminate this Agreement, for any reason or
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no reason, on thirty (30) days written notice to the other party.
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Termination will be effective on the thirtieth (30th) day following
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delivery of the notice of termination. Notwithstanding anything
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to the contrary herein, this Agreement shall immediately terminate,
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without the requirement of any notice from Id Software to Licensee,
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upon the occurrence of any of the following "Terminating Events":
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(i) if Licensee files a petition in bankruptcy; (ii) if Licensee
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makes an assignment for the benefit of creditors; (iii) if any
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bankruptcy proceeding or assignment for benefit of creditors is
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commenced against Licensee and not dismissed within sixty (60)
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days after the date of its commencement; (iv) the insolvency of
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Licensee; or (v) a breach, whether material or otherwise, of this
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Agreement by Licensee. Upon the occurrence of a Terminating Event,
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this Agreement and any and all rights hereunder shall terminate
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without prejudice to any rights or claims Id Software may have,
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and all rights granted hereunder shall revert, without notice,
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to and be vested in Id Software.
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c. Termination or expiration of this Agreement shall not create
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any liability against Id Software and shall not relieve Licensee
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from any liability which arises prior to termination or expiration.
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Upon expiration or earlier termination of this Agreement, Licensee
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shall have no further right to exercise the rights licensed hereunder
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or otherwise acquired in relation to this Agreement.
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8. Licensee's Warranties. Licensee warrants and represents that:
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(i) Licensee has full legal rights and authority to enter into and
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become bound by the terms of this Agreement; (ii) Licensee has full
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legal rights and authority to perform Licensee?s obligations hereunder;
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(iii) Licensee will comply, at all times during the Term, with all
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applicable laws, as set forth hereinabove; (iv) all modifications which
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Licensee performs on the Code in order to create the Modified Copy and
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all non-Id Software property included within Extra Levels shall not
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infringe against or misappropriate any third party rights, including,
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without limitation, copyrights and trade secrets; and (v) the use or
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non-use of all modifications which Licensee performs on the Code in order
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to create the Modified Copy and all non-Id Software property included
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within Extra Levels shall not infringe against or misappropriate any third
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party rights, including, without limitation, copyrights and trade secrets.
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9. Indemnification. Licensee hereby agrees to indemnify, hold
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harmless and defend Id Software and Id Software's predecessors,
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successors, assigns, officers, directors, shareholders, employees,
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agents, representatives, licensees (but not including Licensee),
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sublicensees, distributors, attorneys and accountants (collectively,
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the "Id Related Parties") from and against any and all "Claims", which
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shall mean all damages, claims, losses, causes of action, liabilities,
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lawsuits, judgments and expenses (including, without limitation,
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reasonable attorneys' fees and expenses) arising from, relating to or in
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connection with (i) a breach of this Agreement by Licensee and/or (ii)
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Licensee's use or non-use of the Code, whether the Authorized Copy or
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whether a portion of the Code as may be included within the Modified
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Copy or within Extra Levels. Id Software agrees to notify Licensee
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of any such Claims within a reasonable time after Id Software learns
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of same. Licensee, at its own expense, shall defend Id Software and the
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Id Related Parties from and against any and all Claims. Id Software and
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the Id Related Parties reserve the right to participate in any defense
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of the Claims with counsel of their choice, and at their own expense.
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In the event Licensee fails to provide a defense, then Licensee shall be
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responsible for paying the attorneys' fees and expenses incurred by Id
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Software and the Id Related Parties regarding the defense of the Claims.
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Id Software and the Id Related Parties, as applicable, agree to reasonably
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assist in the defense of the Claims. No settlement by Licensee of any
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Claims shall be valid unless Licensee receives the prior written consent
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of Id Software and the Id Related Parties, as applicable, to any such
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settlement, with consent may be withheld in Id Software's and the Id
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Related Parties' sole discretion.
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10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ID SOFTWARE
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BE LIABLE TO LICENSEE FOR ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL
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OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, WHETHER OR NOT ID SOFTWARE
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RECEIVES NOTICE OF ANY SUCH DAMAGES.
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11. Disclaimer of Warranties. ID SOFTWARE EXPRESSLY DISCLAIMS ALL
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WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
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THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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PURPOSE, WITH REGARD TO THE CODE, THE AUTHORIZED COPY AND OTHERWISE.
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12. Goodwill. Licensee recognizes the great value of the goodwill
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associated with the Game and the Trademarks, and acknowledges that such
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goodwill, now existing and hereafter created, exclusively belongs to Id
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Software and that the Trademarks have acquired a secondary meaning in
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the mind of the public.
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13. Remedies. In the event of a breach of this Agreement by Id Software,
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Licensee's sole remedy shall be to terminate this Agreement by delivering
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written notice of termination to Id Software. In the event of a breach
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by Licensee of this Agreement, Id Software may pursue the remedies to
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which Id Software is entitled under applicable law and this Agreement.
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Licensee agrees that Licensee's unauthorized use of the Authorized
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Copy would immediately and irreparably damage Id Software, and in the
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event of such threatened or actual unauthorized use, Id Software shall
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be entitled to an injunctive order appropriately restraining and/or
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prohibiting such unauthorized use without the necessity of Id Software
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posting bond or other security. Pursuit of any remedy by Id Software
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shall not constitute a waiver of any other right or remedy of Id Software
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under this Agreement or under applicable law.
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14. Choice of Law, Venue and Service of Process. This Agreement shall
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be construed in accordance with the laws of the State of Texas and
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applicable United States federal law and all claims and/or lawsuits
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in connection with this Agreement must be brought in Dallas County,
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Texas where exclusive venue shall lie. Licensee hereby agrees that
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service of process by certified mail to the address set forth below,
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with return receipt requested, shall constitute valid service of process
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upon Licensee. If for any reason Licensee has moved or cannot be validly
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served, then Licensee appoints the Secretary of State of the state of
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Texas to accept service of process on Licensee's behalf.
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15. Delivery of Notices. Unless otherwise directed in writing by
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the parties, all notices given hereunder shall be sent to the last
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known address of addressee. All notices, requests, consents and other
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communications under this Agreement shall be in writing and shall be
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deemed to have been delivered on the date personally delivered or on the
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date deposited in the United States Postal Service, postage prepaid, by
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certified mail, return receipt requested, or telegraphed and confirmed,
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or delivered by electronic facsimile and confirmed. Any notice to Id
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Software shall also be sent to its counsel: D. Wade Cloud, Jr., Hiersche,
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Martens, Hayward, Drakeley & Urbach, P.C., 15303 Dallas Parkway, Suite
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700, LB 17, Dallas, Texas 75248.
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16. No Partnership, Etc. This Agreement does not constitute and shall
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not be construed as constituting a partnership or joint venture between
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Id Software and Licensee. Neither party shall have any right to obligate
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or bind the other party in any manner whatsoever, and nothing herein
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contained shall give, or is intended to give, any rights of any kind to
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any third persons.
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17. Entire agreement. This Agreement constitutes the entire
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understanding between Licensee and Id Software regarding the subject
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matter hereof. Each and every clause of this Agreement is severable from
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the whole and shall survive unless the entire Agreement is declared
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unenforceable. No prior or present agreements or representations
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between the parties hereto regarding the subject matter hereof shall be
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binding upon the parties hereto unless incorporated in this Agreement.
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No modification or change in this Agreement shall be valid or binding
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upon the parties hereto unless in writing and executed by the parties
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to be bound thereby.
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18. Assignment. This Agreement shall bind and inure to the benefit of
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Id Software, its successors and assigns, and Id Software may assign its
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rights hereunder, in Id Software's sole discretion. This Agreement
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is personal to Licensee, and Licensee shall not assign, transfer,
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convey nor franchise its rights granted hereunder. As provided above,
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Licensee may sublicense Licensee's limited rights herein by transferring
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the Authorized Copy by Authorized Means. As noted, each sublicensee
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in possession of a copy of the Authorized Copy shall be subject to the
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terms and conditions of this Agreement.
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19. Survival. The following provisions shall survive the expiration
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or earlier termination of this Agreement: paragraphs 5., 8., 9., 10.,
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11., 12., 13., 14., 15., 16., 17., 19., 20.a. and 20.b.
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20. Miscellaneous.
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a. All captions in this Agreement are intended solely for the
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convenience of the parties, and none shall effect the meaning or
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construction of any provision.
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b. The terms and conditions of this Agreement have been negotiated
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fully and freely among the parties. Accordingly, the preparation
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of this Agreement by counsel for a given party will not be material
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to the construction hereof, and the terms of this Agreement shall
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not be strictly construed against such party.
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BY DOWNLOADING THE CODE, AS DEFINED ABOVE, YOU, THE LICENSEE, AGREE TO
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ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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February 12, 1998
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5
README
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5
README
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@ -0,0 +1,5 @@
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This is a bugfixed version of id Software's Quake II missionpack
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"The Reckoning", developed by Xatrix Software. Hundred bugs were
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fixed, this version should run much more stable than the the old
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SDK version. It must be used with the "Yamagi Quake II Client".
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For more information visit http://www.yamagi.org/quake2.
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