README.EULA (9455B)
1 LIMITED COMPATIBILITY TESTING AND RECREATIONAL 2 USE SOFTWARE TEST LICENSE AGREEMENT 3 4 This Limited Compatibility Testing and Recreational Use Software Test 5 License Agreement (the "Agreement") is a legal agreement between you, the 6 end-user, and Id Software, Inc. ("ID"). BY CONTINUING THE INSTALLATION 7 OF THIS TEST VERSION OF THE GAME PROGRAM ENTITLED QUAKE III: ARENA (THE 8 "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING 9 THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, 10 YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 11 12 1. Grant of License. Subject to the terms and provisions of this 13 Agreement, ID grants to you the non-exclusive limited right to use this 14 Software only in executable or object code form and only for the purpose 15 of testing the compatibility of your computer system with the Software 16 and for non-commercial, recreational purposes. The term "Software" 17 includes all elements of the Software such as data files and screen 18 displays. You are not receiving any ownership or proprietary right, 19 title or interest in or to the Software or the copyright, trademarks, or 20 other rights related thereto. For purposes of this section, "use" means 21 loading the Software into RAM and/or onto computer hard drive, as well 22 as installation of the Software on a hard disk or other storage device. 23 You agree that the Software will not be shipped, transferred or exported 24 into any country in violation of the U.S. Export Administration Act (or 25 any other law governing such matters) by you or anyone at your direction 26 and that you will not utilize and will not authorize anyone to utilize, 27 in any other manner, the Software in violation of any applicable law. 28 The Software may not be downloaded or otherwise exported or reexported 29 into (or to a national or resident of) any country to which the U.S. has 30 embargoed goods or to anyone or into any country who/which are prohibited, 31 by applicable law, from receiving such property. 32 33 2. Prohibitions. You, either directly or indirectly, shall not do 34 any of the following acts: 35 36 a. rent the Software; 37 38 b. sell the Software; 39 40 c. lease or lend the Software; 41 42 d. offer the Software on a "pay-per-play" basis; 43 44 e. distribute the Software (except by electronic means, as permitted 45 by section 3. hereinbelow) by any means, including, but not limited to 46 direct mail, retail, mail order or other means; 47 48 f. in any other manner and through any medium whatsoever commercially 49 exploit the Software or use the Software for any commercial purpose; 50 51 g. disassemble, reverse engineer, disassemble, decompile, modify 52 or alter the Software; 53 54 h. translate the Software; 55 56 i. reproduce or copy the Software (except as permitted by section 57 3. hereinbelow); 58 59 j. publicly display the Software; 60 61 k. prepare or develop derivative works based upon the Software; 62 63 l. remove or alter any legal notices, such as trademark and copyright 64 notices, affixed on or within the Software; or 65 66 m. create or develop extra or add-on levels for the Software. 67 68 3. Permitted Electronic Distribution and Copying. So long as this 69 Agreement accompanies the Software at all times, ID grants to you the 70 limited right to distribute, free of charge, and by electronic means 71 only, the Software. Anyone who receives the Software shall be limited to 72 all the terms and conditions of this Agreement. You may make only the 73 following copies of the Software: (i) you may download the Software 74 from the Internet and onto your computer hard drive; (ii) you may copy 75 the Software from your computer hard drive into your computer RAM; and 76 (iii) you may make one (1) "back up" or archival copy of the Software 77 on one (1) hard disk. 78 79 4. Copyright. The Software and all copyrights, trademarks and all 80 other conceivable intellectual property rights related to the Software 81 are owned by ID and are protected by United States copyright laws, 82 international treaty provisions and all applicable law, such as the 83 Lanham Act. You must treat the Software like any other copyrighted 84 material, as required by 17 U.S.C., ¤101 et seq. and other applicable law. 85 You agree to use your best efforts to see that any user of the Software 86 licensed hereunder complies with this Agreement. You agree that you 87 are receiving a copy of the Software by license only and not by sale and 88 that the "first sale" doctrine of 17 U.S.C. ¤109 does not apply to your 89 receipt or use of the Software. 90 91 5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS 92 OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF 93 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO 94 THE SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE 95 WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR 96 SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, 97 WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD 98 NOT BE RELIED UPON. 99 100 6. Governing Law, Venue and Liability Limitation. This Agreement 101 shall be construed in accordance with and governed by the applicable laws 102 of the State of Texas and applicable United States federal law. Copyright 103 and other proprietary matters will be governed by United States laws and 104 international treaties. Exclusive venue for all litigation regarding 105 this Agreement shall be in Dallas County, Texas and you agree to submit to 106 the jurisdiction of the courts in Dallas, Texas for any such litigation. 107 IN ANY CASE, NEITHER ID NOR ID'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, 108 LICENSEES, SUBLICENSEES, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF 109 DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, 110 INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF 111 WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, 112 OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE 113 POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, 114 OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not 115 allow the exclusion or limitation of incidental or consequential damages, 116 so the above limitation or exclusion may not apply to you. 117 118 7. U.S. Government Restricted Rights. To the extent applicable, 119 the United States Government shall only have those rights to use the 120 Software as expressly stated and expressly limited and restricted in 121 this Agreement, as provided in 48 C.F.R. ¤¤ 227.7202-1 through 227.7204, 122 inclusive. 123 124 8. General Provisions. A copy of all notices or other correspondence 125 which you send to ID shall also be sent by you to ID's counsel: 126 127 D. Wade Cloud, Jr. 128 HIERSCHE, MARTENS, HAYWARD, DRAKELEY & URBACH, P.C. 129 15303 Dallas Parkway, Suite 700 130 Dallas, TX 75248 131 (972) 701-7000 132 Facsimile: (972) 701-8765 133 134 Neither this Agreement nor any part or portion hereof shall be assigned 135 or sublicensed by you. ID may assign its rights under this Agreement 136 in ID's sole discretion. Should any provision of this Agreement 137 be held to be void, invalid, unenforceable or illegal by a court, 138 the validity and enforceability of the other provisions shall not be 139 affected thereby. If any provision is determined to be unenforceable, 140 you agree to a modification of such provision to provide for enforcement 141 of the provision's intent, to the extent permitted by applicable law. 142 Failure of ID to enforce any provision of this Agreement shall not 143 constitute or be construed as a waiver of such provision or of the right 144 to enforce such provision. If you fail to comply with any term of this 145 Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE AND 146 ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE 147 UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. You agree that in the event 148 of litigation relating to this Agreement, the prevailing litigant shall 149 be entitled to recover the prevailing litigant's attorneys' fees and 150 expenses and costs of court in addition to all other relief available 151 under this Agreement and/or applicable law. In the event this Agreement 152 is terminated, you shall have no right to use the Software, in any manner 153 and you shall immediately destroy all copies of the Software in your 154 possession, custody or control. You agree that your unauthorized use 155 of any ID property, whether in whole or in part, would immediately and 156 irreparably damage ID such that ID could not be adequately compensated 157 by an award of monetary damages, and in the event of such threatened 158 or actual unauthorized use ID shall be entitled to an injunctive order 159 appropriately restraining and/or prohibiting such unauthorized use 160 without the necessity of ID posting bond or other security. 161 162 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS 163 AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE 164 SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING 165 THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND 166 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, 167 EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT 168 IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF 169 THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, 170 PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN ID 171 AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. 172 173 174 175 April 23, 1999 5:11 p.m. 176 177 178 179 180 181 LIMITED COMPATIBILITY TESTING AND RECREATIONAL USE SOFTWARE 182 TEST LICENSE AGREEMENT Page 4 183 3406.0586\C:\DWC\DOC\2082.DOC 184