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| 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) |
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