license.doc

license.doc (text/plain), 8.88 KB, created by Brandon Captain on 2007-01-18 00:38:23 UTC

             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 right to use one (1) copy 
of the enclosed Id Software game program (the "Software") on a single 
computer.  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 
shall not:  rent, lease, sell, distribute for money or other consideration, modify, 
translate, disassemble, decompile, reverse engineer, or create derivative works 
based upon the Software.  Notwithstanding the foregoing, you may create a map 
editor, modify maps and make your own maps (collectively referenced as the 
"Permitted Derivative Works") for the Software.  You may not sell or distribute 
any Permitted Derivative Works but you may exchange the Permitted Derivative 
Works at no charge amongst other end-users.  In order to commercially distribute 
any such map editor or data utility you must first sign ID's Data Utility License 
and ID reserves the right to deny authorization to commercial distribute the any 
such map editor or data utility.  You may request a copy of the Data Editor License 
from ID. 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:  Under no circumstances shall you, the end 
user, be permitted, allowed  or authorized to commercially exploit the Software, any 
data comprising the Software (whether modified by you or otherwise) or any maps you 
make regarding the Software (collectively referred to as the "Materials").  Neither you 
nor anyone at your direction shall do the following acts with regard to the Materials:

a.  Rent the Materials;

b.  Sell the Materials;

c.  Lease the Materials;

d.  Offer the Materials on a pay-per-play basis;

e.  Distribute the Materials for money or other consideration; or

f.  In any manner and through any medium whatsoever commercially exploit the 
 Materials or use the Materials for any commercial purpose.

3   Copyright.  The Software is owned by Raven Software, Inc. and 
exclusively licensed to id Software for distribution 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 Materials as 
provided in paragraph 2 herein apply  to your use of the written materials 
accompanying the Software.  The written materials are owned by ID and are 
protected by the 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.

     4.   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 receipt.  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, 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.

     5.   NO OTHER WARRANTIES.  ID DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESS OR 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 OTHERS 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.

     6.   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.

     7.   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.