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diff --git a/code/unix/README.EULA b/code/unix/README.EULA new file mode 100755 index 0000000..9b28721 --- /dev/null +++ b/code/unix/README.EULA @@ -0,0 +1,184 @@ + 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
+
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