forked from KolibriOS/kolibrios
205 lines
10 KiB
Plaintext
205 lines
10 KiB
Plaintext
REGISTERED VERSION: QUAKE
|
|
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
|
|
program, by loading or running the game, or by placing or copying
|
|
the game program onto your computer hard drive, you are agreeing to
|
|
be bound by the terms of this Agreement. If you do not agree to
|
|
the terms of this Agreement, promptly return the game program and
|
|
the accompanying items (including all written materials), along
|
|
with your receipt to the place from where you obtained them for a
|
|
full refund.
|
|
|
|
ID SOFTWARE LICENSE
|
|
|
|
1. Grant of License. ID grants to you the limited
|
|
right to use one (1) copy of the enclosed or foregoing game program
|
|
(the "Software") on a single computer. You have no ownership or
|
|
proprietary rights in or to the Software or the written materials
|
|
accompanying the Software. For purposes of this section, "use"
|
|
means loading the Software into RAM, as well as installation on a
|
|
hard disk or other storage device. You may create a map editor,
|
|
modify maps and make your own maps (collectively referenced as the
|
|
"Permitted Derivative Works") for the Software. Permitted
|
|
Derivative Works may not be sold, whether by you or by any other
|
|
person or entity, but you may exchange the Permitted Derivative
|
|
Works at no charge amongst other end-users. The Software, together
|
|
with any archive copy thereof, shall be either returned to ID or
|
|
destroyed when no longer used in accordance with this Agreement, or
|
|
when the right to use the Software is terminated. 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) and that you will not utilize, in
|
|
any other manner, the Software in violation of any applicable law.
|
|
|
|
2. Commercial Use is Prohibited. Except as provided in
|
|
paragraph 5. hereinbelow in regard to the Software, under no
|
|
circumstances shall you, the end-user, be permitted, allowed or
|
|
authorized to commercially exploit the Software, any data
|
|
comprising the Software. Neither you nor anyone at your direction
|
|
shall do any of the following acts (any such acts shall be deemed
|
|
void and a breach of this Agreement) with regard to the Software,
|
|
or any portion thereof, such as a screen display or a screenshot:
|
|
|
|
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, by electronic means or otherwise, the
|
|
Software for money or any other consideration; or
|
|
|
|
f. In any other manner and through any medium
|
|
whatsoever commercially exploit the Software or use
|
|
the Software for any commercial purpose.
|
|
|
|
3. Additional Prohibited Uses. Neither you nor anyone
|
|
at your direction shall take the following action in regard to the
|
|
Software, or any portion thereof, such as a screen display or a
|
|
screenshot:
|
|
|
|
a. Modify, disassemble, reverse engineer or decompile
|
|
the Software;
|
|
|
|
b. Translate the Software;
|
|
|
|
c. Reproduce the Software;
|
|
|
|
d. Publicly display the Software;
|
|
|
|
e. Prepare derivative works based upon the Software
|
|
(except Permitted Derivative Works); or
|
|
|
|
f. Distribute, by electronic means or otherwise, the
|
|
Software.
|
|
|
|
4. Use of Other Material is Prohibited. Use, in any manner, of
|
|
the trademarks, such as Quake(tm) and the NIN(r) logo, logos, symbols,
|
|
art work, images, screen displays or screenshots, sound effects, music,
|
|
and other such material contained within, generated by or relating to
|
|
the Software is prohibited.
|
|
|
|
5. To Receive Permission to Commercially Exploit. If
|
|
you desire to commercially exploit the Software, you may execute
|
|
the Commercial Exploitation License Agreement for QUAKE (the
|
|
"License") contained within the QUAKE install package and forward
|
|
the original License to Id Software at the address noted therein.
|
|
Please note that ID may refuse your request and not sign the
|
|
License in ID's sole discretion.
|
|
|
|
6. Restrictions Apply to Third Parties. The
|
|
prohibitions and restrictions described herein apply to anyone in
|
|
possession of the Software and/or Permitted Derivative Works.
|
|
|
|
7. Copyright. The Software and all copyrights related
|
|
thereto (including all characters and other images generated by the
|
|
Software or depicted in the Software) is owned by ID and is protected
|
|
by United States copyright laws and international treaty provisions.
|
|
You must treat the Software like any other copyrighted material,
|
|
except that you may either (a) make one copy of the Software solely
|
|
for back-up or archival purposes, or (b) transfer the Software to a
|
|
single hard disk provided you keep the original solely for back-up or
|
|
archival purposes. You may not otherwise reproduce, copy or disclose
|
|
to others, in whole or in any part, the Software. You may not copy
|
|
the written materials accompanying the Software. The same
|
|
restrictions and prohibitions regarding your use of the Software as
|
|
provided in this Agreement apply to your use of the written materials
|
|
accompanying the Software. The written materials are owned by ID and
|
|
are protected by United States copyright laws and international
|
|
treaties. You agree to use your best efforts to see that any user of
|
|
the Software licensed hereunder complies with this Agreement.
|
|
|
|
8. Limited Warranty. ID warrants that if properly
|
|
installed and operated on a computer for which it is designed, the
|
|
Software will perform substantially in accordance with the
|
|
accompanying written materials for a period of ninety (90) days
|
|
from the date of purchase of the Software. ID's entire liability
|
|
and your exclusive remedy shall be, at ID's option, either (a)
|
|
return of the price paid or (b) repair or replacement of the
|
|
Software that does not meet ID's Limited Warranty. To make a
|
|
warranty claim, return the Software to the point of purchase,
|
|
accompanied by proof of purchase, your name, your address, and a
|
|
statement of defect, or return the Software with the above
|
|
information to ID. This Limited Warranty is void if failure of the
|
|
Software has resulted in whole or in part from accident, abuse,
|
|
misapplication or violation of this Agreement. Any replacement
|
|
Software will be warranted for the remainder of the original
|
|
warranty period or thirty (30) days from your receipt of the
|
|
replacement software, whichever is longer. This warranty allocates
|
|
risks of product failure between Licensee and ID. ID's product
|
|
pricing reflects this allocation of risk and the limitations of
|
|
liability contained in this warranty.
|
|
|
|
9. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER
|
|
WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO,
|
|
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
|
|
PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN
|
|
MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
|
|
YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
|
|
JURISDICTION. ID DOES NOT WARRANT THAT THE OPERATION OF THE
|
|
SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S
|
|
SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF
|
|
ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS,
|
|
EMPLOYEES, DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO
|
|
MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON
|
|
BEHALF OF ID. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
|
|
PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE
|
|
WARRANTIES BY ID AND SHOULD NOT BE RELIED UPON.
|
|
|
|
10. Exclusive Remedies. You agree that your exclusive
|
|
remedy against ID, its affiliates, contractors, suppliers, and
|
|
agents for loss or damage caused by any defect or failure in the
|
|
Software regardless of the form of action, whether in contract,
|
|
tort, including negligence, strict liability or otherwise, shall be
|
|
the return of the purchase price paid or replacement of the
|
|
Software. This Agreement shall be construed in accordance with and
|
|
governed by the laws of the State of Texas. Copyright and other
|
|
proprietary matters will be governed by United States laws and
|
|
international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR
|
|
LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
|
|
CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM
|
|
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL
|
|
THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY
|
|
OF SUCH DAMAGES, OR 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.
|
|
|
|
11. General Provisions. Neither this Agreement nor any
|
|
part or portion hereof shall be assigned, sublicensed or otherwise
|
|
transferred by you. 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 a party 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 terms of this Agreement,
|
|
YOUR LICENSE IS AUTOMATICALLY TERMINATED.
|
|
|
|
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT 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, YOU
|
|
AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. 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. 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.
|
|
|
|
June 21, 1996
|
|
|
|
REGISTERED VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT Page 4
|
|
(DWC:dw:3406.0024:DWC\doc:1164)
|
|
|
|
|