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diff --git a/code/unix/README.EULA b/code/unix/README.EULA deleted file mode 100644 index 97c54a2..0000000 --- a/code/unix/README.EULA +++ /dev/null @@ -1,184 +0,0 @@ - LIMITED COMPATIBILITY TESTING AND RECREATIONAL - USE SOFTWARE TEST LICENSE AGREEMENT - -This Limited Compatibility Testing and Recreational Use Software Test -License Agreement (the "Agreement") is a legal agreement between you, the -end-user, and Id Software, Inc. ("ID"). BY CONTINUING THE INSTALLATION -OF THIS TEST VERSION OF THE GAME PROGRAM ENTITLED QUAKE III: ARENA (THE -"SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING -THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, -YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. - -1. Grant of License. Subject to the terms and provisions of this -Agreement, ID grants to you the non-exclusive limited right to use this -Software only in executable or object code form and only for the purpose -of testing the compatibility of your computer system with the Software -and for non-commercial, recreational purposes. The term "Software" -includes all elements of the Software such as data files and screen -displays. You are not receiving any ownership or proprietary right, -title or interest in or to the Software or the copyright, trademarks, or -other rights related thereto. For purposes of this section, "use" means -loading the Software into RAM and/or onto computer hard drive, as well -as installation of the Software 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) by you or anyone at your direction -and that you will not utilize and will not authorize anyone to utilize, -in any other manner, the Software in violation of any applicable law. -The Software may not be downloaded or otherwise exported or reexported -into (or to a national or resident of) any country to which the U.S. has -embargoed goods or to anyone or into any country who/which are prohibited, -by applicable law, from receiving such property. - -2. Prohibitions. You, either directly or indirectly, shall not 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 (except by electronic means, as permitted -by section 3. hereinbelow) by any means, including, but not limited to -direct mail, retail, mail order or other means; - -f. in any other manner and through any medium whatsoever commercially -exploit the Software or use the Software for any commercial purpose; - -g. disassemble, reverse engineer, disassemble, decompile, modify -or alter the Software; - -h. translate the Software; - -i. reproduce or copy the Software (except as permitted by section -3. hereinbelow); - -j. publicly display the Software; - -k. prepare or develop derivative works based upon the Software; - -l. remove or alter any legal notices, such as trademark and copyright -notices, affixed on or within the Software; or - -m. create or develop extra or add-on levels for the Software. - -3. Permitted Electronic Distribution and Copying. So long as this -Agreement accompanies the Software at all times, ID grants to you the -limited right to distribute, free of charge, and by electronic means -only, the Software. Anyone who receives the Software shall be limited to -all the terms and conditions of this Agreement. You may make only the -following copies of the Software: (i) you may download the Software -from the Internet and onto your computer hard drive; (ii) you may copy -the Software from your computer hard drive into your computer RAM; and -(iii) you may make one (1) "back up" or archival copy of the Software -on one (1) hard disk. - -4. Copyright. The Software and all copyrights, trademarks and all -other conceivable intellectual property rights related to the Software -are owned by ID and are protected by United States copyright laws, -international treaty provisions and all applicable law, such as the -Lanham Act. You must treat the Software like any other copyrighted -material, as required by 17 U.S.C., ¤101 et seq. and other applicable law. -You agree to use your best efforts to see that any user of the Software -licensed hereunder complies with this Agreement. You agree that you -are receiving a copy of the Software by license only and not by sale and -that the "first sale" doctrine of 17 U.S.C. ¤109 does not apply to your -receipt or use of the Software. - -5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS -OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF -MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO -THE SOFTWARE. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE -WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR -SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, -WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD -NOT BE RELIED UPON. - -6. Governing Law, Venue and Liability Limitation. This Agreement -shall be construed in accordance with and governed by the applicable laws -of the State of Texas and applicable United States federal law. Copyright -and other proprietary matters will be governed by United States laws and -international treaties. Exclusive venue for all litigation regarding -this Agreement shall be in Dallas County, Texas and you agree to submit to -the jurisdiction of the courts in Dallas, Texas for any such litigation. -IN ANY CASE, NEITHER ID NOR ID'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, -LICENSEES, SUBLICENSEES, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF -DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, -INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF -WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, -OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE -POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, -OR LIABLE 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. U.S. Government Restricted Rights. To the extent applicable, -the United States Government shall only have those rights to use the -Software as expressly stated and expressly limited and restricted in -this Agreement, as provided in 48 C.F.R. ¤¤ 227.7202-1 through 227.7204, -inclusive. - -8. General Provisions. A copy of all notices or other correspondence -which you send to ID shall also be sent by you to ID's counsel: - -D. Wade Cloud, Jr. -HIERSCHE, MARTENS, HAYWARD, DRAKELEY & URBACH, P.C. -15303 Dallas Parkway, Suite 700 -Dallas, TX 75248 -(972) 701-7000 -Facsimile: (972) 701-8765 - -Neither this Agreement nor any part or portion hereof shall be assigned -or sublicensed by you. ID may assign its rights under this Agreement -in ID's sole discretion. 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 ID 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 term of this -Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE AND -ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE -UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. You agree that in the event -of litigation relating to this Agreement, the prevailing litigant shall -be entitled to recover the prevailing litigant's attorneys' fees and -expenses and costs of court in addition to all other relief available -under this Agreement and/or applicable law. In the event this Agreement -is terminated, you shall have no right to use the Software, in any manner -and you shall immediately destroy all copies of the Software in your -possession, custody or control. You agree that your unauthorized use -of any ID property, whether in whole or in part, would immediately and -irreparably damage ID such that ID could not be adequately compensated -by an award of monetary damages, and in the event of such threatened -or actual unauthorized use ID shall be entitled to an injunctive order -appropriately restraining and/or prohibiting such unauthorized use -without the necessity of ID posting bond or other security. - -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 OR RAM, YOU AGREE TO BE BOUND -BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 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 HERETO. 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. - - - -April 23, 1999 5:11 p.m. - - - - - -LIMITED COMPATIBILITY TESTING AND RECREATIONAL USE SOFTWARE -TEST LICENSE AGREEMENT Page 4 -3406.0586\C:\DWC\DOC\2082.DOC - |