1 LIMITED USE SOFTWARE LICENSE AGREEMENT
3 This Limited Use Software License Agreement (the "Agreement") is a legal
4 agreement between you, the end-user, and Id Software, Inc. ("ID"). By
5 continuing the installation of this game program, by loading or running
6 the game, or by placing or copying the game program onto your computer
7 hard drive, you are agreeing to be bound by the terms of this Agreement.
11 1. Grant of License. ID grants to you the right to use the
12 Id Software game program (the "Software"), which is the shareware version
13 or episode one of the game program. For purposes of this section, "use"
14 means loading the Software into RAM, as well as installation on a hard disk
15 or other storage device. You may not: modify, translate, disassemble,
16 decompile, reverse engineer, or create derivative works based upon the
17 Software. You agree thatd the Software will not be shipped, transferred or
18 exported into any country in violation of the U.S. Export Administration Act
19 and that you will not utilize, in any other manner, the Software in violation
20 of any applicable law.
22 2. Copyright. The Software is owned by ID and is protected by United
23 States copyright laws and international treaty provisions. You must treat
24 the Software like any other copyrighted material, except that you may make
25 copies of the Software to give to other persons. You may not charge or
26 receive any consideration from any other person for the receipt or use of
27 the Software without receiving ID's prior written consent as specified in the
28 VENDOR.DOC file. You agree to use your best efforts to see that any user of
29 the Software licensed hereunder complies with this Agreement.
31 3. Limited Warranty. ID warrants that if properly installed and
32 operated on a computer for which it is designed, the Software will perform
33 substantially in accordance with its designed purpose for a period of ninety
34 (90) days from the date the Software is first obtained by an end-user. ID's
35 entire liability and your exclusive remedy shall be, at ID's option, either
36 (a) return of the retail price paid, if any, or (b) repair or replacement of
37 the Software that does not meet ID's Limited Warranty. To make a warranty
38 claim, return the Software to the point of purchase, accompanied by proof of
39 purchase, your name, your address, and a statement of defect, or return the
40 Software with the above information to ID. This Limited Warranty is void if
41 failure of the Software has resulted in whole or in part from accident,
42 abuse, misapplication or violation of this Agreement. Any replacement
43 Software will be warranted for the remainder of the original warranty period
44 or thirty (30) days, whichever is longer. This warranty allocates risks of
45 product failure between Licensee and ID. ID's product pricing reflects this
46 allocation of risk and the limitations of liability contained in this
49 4. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER WARRANTIES, EITHER
50 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
51 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
52 SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED
53 WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY
54 FROM JURISDICTION TO JURISDICTION. ID DOES NOT WARRANT THAT THE OPERATION
55 OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S
56 SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
57 EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
58 DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO
59 THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF ID. ADDITIONAL
60 STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR
61 WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE RELIED UPON.
63 5. Exclusive Remedies. You agree that your exclusive remedy against
64 ID, its affiliates, contractors, suppliers, and agents for loss or damage
65 caused by any defect or failure in the Software regardless of the form of
66 action, whether in contract, tort, including negligence, strict liability or
67 otherwise, shall be the return of the retail purchase price paid, if any, or
68 replacement of the Software. This Agreement shall be construed in
69 accordance with and governed by the laws of the State of Texas. Copyright
70 and other proprietary matters will be governed by United States laws and
71 international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS OF
72 DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
73 INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF
74 CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN
75 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
76 PARTY. Some jurisdictions do not allow the exclusion or limitation of
77 incidental or consequential damages, so the above limitation or exclusion
80 6. General Provisions. Neither this Agreement nor any part or portion
81 hereof shall be assigned or sublicensed, except as described herein. Should
82 any provision of this Agreement be held to be void, invalid, unenforceable or
83 illegal by a court, the validity and enforceability of the other provisions
84 shall not be affected thereby. If any provision is determined to be
85 unenforceable, you agree to a modification of such provision to provide for
86 enforcement of the provision's intent, to the extent permitted by applicable
87 law. Failure of a party to enforce any provision of this Agreement shall not
88 constitute or be construed as a waiver of such provision or of the right to
89 enforce such provision. If you fail to comply with any terms of this
90 Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
92 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
93 AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
94 SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
95 SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS
96 AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN
97 SEPARATE AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE AND
98 EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS
99 AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS,
100 AND ANY OTHER COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT
101 MATTER OF THIS AGREEMENT.