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| SHAREWARE 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. | |
| ID SOFTWARE LICENSE | |
| 1. Grant of License. ID grants to you the limited right to use | |
| one (1) copy of the enclosed or foregoing Id Software game program | |
| (the "Software"), which is the shareware version or episode one of | |
| the game program. 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 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, or any portion thereof, such | |
| as a screen display or a screenshot. Neither you nor anyone at your | |
| direction shall do any of the following acts: | |
| 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 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; or | |
| e. Prepare derivative works based upon 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. Restrictions Apply to Third Parties. The prohibitions and | |
| restrictions described herein apply to anyone in possession of | |
| the Software. | |
| 6. Permitted Distribution. So long as this Agreement | |
| accompanies the Software at all times, ID grants to Providers the | |
| limited right to distribute, free of charge, except normal access | |
| fees, and by electronic means only, the Software; provided, however, | |
| the Software must be so electronically distributed only in a | |
| compressed format. The term "Providers," as used in the foregoing | |
| sentence, shall mean persons whose business it is to provide | |
| services on the Internet, on commercial online networks, or on the | |
| BBS. Anyone who receives the Software from a Provider shall be | |
| limited to all the terms and conditions of this Agreement. Further, | |
| ID grants to you, the end-user, the limited right to distribute, | |
| free of charge only, the Software as a whole. | |
| 7. Copyright. 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 make copies of the Software to give to other | |
| persons. You may not charge or receive any consideration from any | |
| other person for the receipt or use of the Software. 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 its designed purpose for a | |
| period of ninety (90) days from the date the Software is first | |
| obtained by an end-user. ID's entire liability and your exclusive | |
| remedy shall be, at ID's option, either (a) return of the retail | |
| price paid, if any, 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. | |
| 9. 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, | |
| IF ANY. 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. | |
| 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 retail purchase price paid, if any, 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 or sublicensed, except as described | |
| herein. 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, 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 | |
| SHAREWARE VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT | |
| (DWC:dw:3406.0024:DWC\doc:1163) |