LICENSE.DOC (7338B)
1 LIMITED USE SOFTWARE LICENSE AGREEMENT 2 3 This Limited Use Software License Agreement (the "Agreement") 4 is a legal agreement between you, the end-user, and Id Software, Inc. 5 ("ID"). By continuing the downloading of this Wolfenstein 3D 6 (the "Trademark") software material, which includes source code 7 (the "Source Code"), artwork data, music and software tools 8 (collectively, the "Software"), you are agreeing to be bound by the 9 terms of this Agreement. If you do not agree to the terms of this 10 Agreement, promptly destroy the Software you may have downloaded. 11 12 ID SOFTWARE LICENSE 13 14 Grant of License. ID grants to you the right to use one (1) 15 copy of the Software on a single computer. You have no ownership or 16 proprietary rights in or to the Software, or the Trademark. For purposes 17 of this section, "use" means loading the Software into RAM, as well as 18 installation on a hard disk or other storage device. The Software, 19 together with any archive copy thereof, shall be destroyed when no longer 20 used in accordance with this Agreement, or when the right to use the 21 Software is terminated. You agree that the Software will not be shipped, 22 transferred or exported into any country in violation of the U.S. 23 Export Administration Act (or any other law governing such matters) and 24 that you will not utilize, in any other manner, the Software in violation 25 of any applicable law. 26 27 Permitted Uses. For educational purposes only, you, the end-user, 28 may use portions of the Source Code, such as particular routines, to 29 develop your own software, but may not duplicate the Source Code, except 30 as noted in paragraph 4. The limited right referenced in the preceding 31 sentence is hereinafter referred to as "Educational Use." By so exercising 32 the Educational Use right you shall not obtain any ownership, copyright, 33 proprietary or other interest in or to the Source Code, or any portion of 34 the Source Code. You may dispose of your own software in your sole 35 discretion. With the exception of the Educational Use right, you may not 36 otherwise use the Software, or an portion of the Software, which includes 37 the Source Code, for commercial gain. 38 39 Prohibited Uses: Under no circumstances shall you, the end-user, 40 be permitted, allowed or authorized to commercially exploit the Software. 41 Neither you nor anyone at your direction shall do any of the following acts 42 with regard to the Software, or any portion thereof: 43 44 Rent; 45 46 Sell; 47 48 Lease; 49 50 Offer on a pay-per-play basis; 51 52 Distribute for money or any other consideration; or 53 54 In any other manner and through any medium whatsoever commercially 55 exploit or use for any commercial purpose. 56 57 Notwithstanding the foregoing prohibitions, you may commercially exploit the 58 software you develop by exercising the Educational Use right, referenced in 59 paragraph 2. hereinabove. 60 61 Copyright. The Software and all copyrights related thereto 62 (including all characters and other images generated by the Software 63 or depicted in the Software) are owned by ID and is protected by 64 United States copyright laws and international treaty provisions. 65 Id shall retain exclusive ownership and copyright in and to the Software 66 and all portions of the Software and you shall have no ownership or other 67 proprietary interest in such materials. You must treat the Software like 68 any other copyrighted material, except that you may either (a) make one 69 copy of the Software solely for back-up or archival purposes, or (b) 70 transfer the Software to a single hard disk provided you keep the original 71 solely for back-up or archival purposes. You may not otherwise reproduce, 72 copy or disclose to others, in whole or in any part, the Software. You 73 may not copy the written materials accompanying the Software. You agree 74 to use your best efforts to see that any user of the Software licensed 75 hereunder complies with this Agreement. 76 77 NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED, 78 INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND 79 FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED 80 WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH 81 VARY FROM JURISDICTION TO JURISDICTION. ID DOES NOT WARRANT THAT THE 82 OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR 83 SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER 84 EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, 85 DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO 86 THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF ID. 87 88 Exclusive Remedies. The Software is being offered to you free of any 89 charge. You agree that you have no remedy against ID, its affiliates, 90 contractors, suppliers, and agents for loss or damage caused by any defect 91 or failure in the Software regardless of the form of action, whether in 92 contract, tort, includinegligence, strict liability or otherwise, with 93 regard to the Software. This Agreement shall be construed in accordance 94 with and governed by the laws of the State of Texas. Copyright and other 95 proprietary matters will be governed by United States laws and international 96 treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF 97 PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER 98 SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, 99 NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED 100 OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 101 Some jurisdictions do not allow the exclusion or limitation of incidental or 102 consequential damages, so the above limitation or exclusion may not apply to 103 you. 104 105 General Provisions. Neither this Agreement nor any part or portion 106 hereof shall be assigned, sublicensed or otherwise transferred by you. 107 Should any provision of this Agreement be held to be void, invalid, 108 unenforceable or illegal by a court, the validity and enforceability of the 109 other provisions shall not be affected thereby. If any provision is 110 determined to be unenforceable, you agree to a modification of such 111 provision to provide for enforcement of the provision's intent, to the 112 extent permitted by applicable law. Failure of a party to enforce any 113 provision of this Agreement shall not constitute or be construed as a 114 waiver of such provision or of the right to enforce such provision. If 115 you fail to comply with any terms of this Agreement, YOUR LICENSE IS 116 AUTOMATICALLY TERMINATED and you agree to the issuance of an injunction 117 against you in favor of Id. You agree that Id shall not have to post 118 bond or other security to obtain an injunction against you to prohibit 119 you from violating Id's rights. 120 121 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU 122 UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE 123 DOWNLOADING OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S 124 TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE 125 AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE 126 STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT 127 SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND 128 ANY OTHER COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER 129 OF THIS AGREEMENT