1 SHAREWARE VERSION: QUAKE
2 LIMITED USE SOFTWARE LICENSE AGREEMENT
4 This Limited Use Software License Agreement (the "Agreement") is a
5 legal agreement between you, the end-user, and id Software, Inc.
6 ("ID"). By continuing the installation of this game program, by
7 loading or running the game, or by placing or copying the game
8 program onto your computer hard drive, you are agreeing to be bound
9 by the terms of this Agreement.
13 1. Grant of License. ID grants to you the limited right to use
14 one (1) copy of the enclosed or foregoing Id Software game program
15 (the "Software"), which is the shareware version or episode one of
16 the game program. For purposes of this section, "use" means loading
17 the Software into RAM, as well as installation on a hard disk or
18 other storage device. You agree that the Software will not be
19 shipped, transferred or exported into any country in violation of
20 the U.S. Export Administration Act (or any other law governing such
21 matters) and that you will not utilize, in any other manner, the
22 Software in violation of any applicable law.
24 2. Commercial Use is Prohibited. Under no circumstances shall
25 you, the end-user, be permitted, allowed or authorized to
26 commercially exploit the Software, or any portion thereof, such
27 as a screen display or a screenshot. Neither you nor anyone at your
28 direction shall do any of the following acts:
34 c. Lease or lend the Software;
36 d. Offer the Software on a pay-per-play basis;
38 e. Distribute the Software for money or any other
41 f. In any other manner and through any medium
42 whatsoever commercially exploit the Software or use
43 the Software for any commercial purpose.
45 3. Additional Prohibited Uses. Neither you, nor anyone at your
46 direction, shall take the following action in regard to the
47 Software, or any portion thereof, such as a screen display or
50 a. Modify, disassemble, reverse engineer or decompile
53 b. Translate the Software;
55 c. Reproduce the Software;
57 d. Publicly display the Software; or
59 e. Prepare derivative works based upon the Software.
61 4. Use of Other Material is Prohibited. Use, in any manner, of
62 the trademarks, such as Quake(tm) and the NIN(r) logo, logos, symbols,
63 art work, images, screen displays or screenshots, sound effects, music,
64 and other such material contained within, generated by or relating to
65 the Software is prohibited.
67 5. Restrictions Apply to Third Parties. The prohibitions and
68 restrictions described herein apply to anyone in possession of
71 6. Permitted Distribution. So long as this Agreement
72 accompanies the Software at all times, ID grants to Providers the
73 limited right to distribute, free of charge, except normal access
74 fees, and by electronic means only, the Software; provided, however,
75 the Software must be so electronically distributed only in a
76 compressed format. The term "Providers," as used in the foregoing
77 sentence, shall mean persons whose business it is to provide
78 services on the Internet, on commercial online networks, or on the
79 BBS. Anyone who receives the Software from a Provider shall be
80 limited to all the terms and conditions of this Agreement. Further,
81 ID grants to you, the end-user, the limited right to distribute,
82 free of charge only, the Software as a whole.
84 7. Copyright. The Software is owned by ID and is protected by
85 United States copyright laws and international treaty provisions.
86 You must treat the Software like any other copyrighted material,
87 except that you may make copies of the Software to give to other
88 persons. You may not charge or receive any consideration from any
89 other person for the receipt or use of the Software. You agree to
90 use your best efforts to see that any user of the Software licensed
91 hereunder complies with this Agreement.
93 8. Limited Warranty. ID warrants that if properly installed and
94 operated on a computer for which it is designed, the Software will
95 perform substantially in accordance with its designed purpose for a
96 period of ninety (90) days from the date the Software is first
97 obtained by an end-user. ID's entire liability and your exclusive
98 remedy shall be, at ID's option, either (a) return of the retail
99 price paid, if any, or (b) repair or replacement of the Software
100 that does not meet ID's Limited Warranty. To make a warranty claim,
101 return the Software to the point of purchase, accompanied by proof
102 of purchase, your name, your address, and a statement of defect, or
103 return the Software with the above information to ID. This Limited
104 Warranty is void if failure of the Software has resulted in whole
105 or in part from accident, abuse, misapplication or violation of this
106 Agreement. Any replacement Software will be warranted for the
107 remainder of the original warranty period or thirty (30) days,
108 whichever is longer. This warranty allocates risks of product
109 failure between Licensee and ID. ID's product pricing reflects this
110 allocation of risk and the limitations of liability contained in
113 9. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER WARRANTIES,
114 EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
115 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A pARTICULAR PURPOSE
116 WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS,
117 IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
118 MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. ID
119 DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
120 UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS.
121 THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS
122 WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
123 DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE
124 MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF
125 OF ID. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
126 PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES
127 BY ID AND SHOULD NOT BE RELIED UPON.
129 10. Exclusive Remedies. You agree that your exclusive remedy
130 against ID, its affiliates, contractors, suppliers, and agents for
131 loss or damage caused by any defect or failure in the Software
132 regardless of the form of action, whether in contract,tort,
133 including negligence, strict liability or otherwise, shall be the
134 return of the retail purchase price paid, if any, or replacement of
135 the Software. This Agreement shall be construed in accordance with
136 and governed by the laws of the State of Texas. Copyright and other
137 proprietary matters will be governed by United States laws and
138 international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS
139 OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
140 CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH
141 OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY
142 EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
143 DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do
144 not allow the exclusion or limitation of incidental or consequential
145 damages, so the above limitation or exclusion may not apply to you.
147 11. General Provisions. Neither this Agreement nor any part or
148 portion hereof shall be assigned or sublicensed, except as described
149 herein. Should any provision of this Agreement be held to be void,
150 invalid, unenforceable or illegal by a court, the validity and
151 enforceability of the other provisions shall not be affected thereby.
152 If any provision is determined to be unenforceable, you agree to a
153 modification of such provision to provide for enforcement of the
154 provision's intent, to the extent permitted by applicable law. Failure
155 of a party to enforce any provision of this Agreement shall not
156 constitute or be construed as a waiver of such provision or of the
157 right to enforce such provision. If you fail to comply with any terms
158 of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
160 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
161 THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION
162 OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
163 OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO
164 BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER
165 AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND
166 YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE
167 RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES
168 ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY
169 OTHER COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT
170 MATTER OF THIS AGREEMENT.
174 SHAREWARE VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT
175 (DWC:dw:3406.0024:DWC\doc:1163)