From 330a4c7d1f983621c1245012b478e5f66772665d Mon Sep 17 00:00:00 2001 From: floam Date: Sun, 5 Mar 2006 20:07:07 +0000 Subject: Be less redundant. git-svn-id: svn://svn.icculus.org/quake3/trunk@628 edf5b092-35ff-0310-97b2-ce42778d08ea --- README | 5 +- web/id_patch_pk3s_Q3A_EULA.txt | 219 -------------------------------- web/include/getdata.php | 225 +-------------------------------- web/include/id_patch_pk3s_Q3A_EULA.txt | 219 ++++++++++++++++++++++++++++++++ 4 files changed, 226 insertions(+), 442 deletions(-) delete mode 100644 web/id_patch_pk3s_Q3A_EULA.txt create mode 100644 web/include/id_patch_pk3s_Q3A_EULA.txt diff --git a/README b/README index 0ca47de..942f32d 100644 --- a/README +++ b/README @@ -198,8 +198,9 @@ identical, but we have some general guidelines: * Please include the id patch pk3s in your installer, which are available from http://icculus.org/quake3/?page=getdata subject to agreement to the id EULA. Your installer shall also ask the user to agree to this EULA (which - is in the web directory for your convienience) and subsequently refuse to - continue the installation of the patch pk3s and pak0.pk3 if they do not. + is in the /web/include directory for your convienience) and subsequently + refuse to continue the installation of the patch pk3s and pak0.pk3 if they + do not. * Please don't require pak0.pk3, since not everyone using the engine plans on playing Quake 3 Arena on it. It's fine to (optionally) assist the diff --git a/web/id_patch_pk3s_Q3A_EULA.txt b/web/id_patch_pk3s_Q3A_EULA.txt deleted file mode 100644 index f8cdde3..0000000 --- a/web/id_patch_pk3s_Q3A_EULA.txt +++ /dev/null @@ -1,219 +0,0 @@ -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 DEMO 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 and limited right to use the -Software only in executable or object code form. The term "Software" -includes all elements of the Software, including, without limitation, 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 and means the uses permitted in section 3. -hereinbelow. 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 exported 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 as permitted by section 3. -hereinbelow); - - - -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, decompile, modify or alter the -Software including, without limitation, creating or developing extra or -add-on levels for 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; or - - - -l. remove or alter any legal notices or other markings or -legends, such as trademark and copyright notices, affixed on or within -the Software. - - - -3. Permitted Distribution and Copying. So long as this Agreement -accompanies each copy you make of the Software, and so long as you fully -comply, at all times, with this Agreement, ID grants to you the -non-exclusive and limited right to copy the Software and to distribute -such copies of the Software free of charge for non-commercial purposes -which shall include the free of charge distribution of copies of the -Software as mounted on the covers of magazines; provided, however, you -shall not copy or distribute the Software in any infringing manner or -in any manner which violates any law or third party right and you shall -not distribute the Software together with any material which is -infringing, libelous, defamatory, obscene, false, misleading, or -otherwise illegal or unlawful. You agree to label conspicuously as -"SHAREWARE" or "DEMO" each CD or other non-electronic copy of the -Software that you make and distribute. ID reserves all rights not -granted in this Agreement. You shall not commercially distribute the -Software unless you first enter into a separate contract with ID, a -copy of which you may request, but which ID may decline to execute. -For more information visit www.quake3arena.com. - - - -4. Intellectual Property Rights. 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. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS -AGREEMENT. - - - -6. Governing Law, Venue, Indemnity 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. You agree to indemnify, defend and hold -harmless ID and ID's officers, employees, directors, agents, licensees -(excluding you), successors and assigns from and against all losses, -lawsuits, damages, causes of action and claims relating to and/or -arising from your breach of this Agreement. You agree that your -unauthorized use of the Software, or any part thereof, may immediately -and irreparably damage ID such that ID could not be adequately -compensated solely by a monetary award and that at ID's option ID shall -be entitled to an injunctive order, in addition to all other available -remedies including a monetary award, appropriately restraining and/or -prohibiting such unauthorized use without the necessity of ID posting -bond or other security. IN ANY CASE, ID AND ID'S OFFICERS, EMPLOYEES, -DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS AND ASSIGNS -SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, -SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR -DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH -OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL -THEORY EVEN IF ID OR ITS AGENT HAVE 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. This -Section 6. shall survive cancellation or termination of this Agreement. - - - -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. §§ 227.7201 through 227.7204, -inclusive. - - - -8. General Provisions. 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 of competent jurisdiction, the validity and enforceability of the -other provisions shall not be affected thereby. If any provision is -determined to be unenforceable by a court of competent jurisdiction, 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. Immediately upon your failure to comply with -or breach of any term or provision of this Agreement, THIS AGREEMENT -AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID -MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER -APPLICABLE LAW AND/OR THIS AGREEMENT. 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 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. diff --git a/web/include/getdata.php b/web/include/getdata.php index 8636702..fc35804 100644 --- a/web/include/getdata.php +++ b/web/include/getdata.php @@ -14,232 +14,15 @@ switch ($_POST['agree']) { download the pk3s now.

"; break; default: - $html = "

Newer pk3 files from id point release patches - are required to play Quake III: Arena on icculus.org/quake3.

+ $eula = file_get_contents("include/id_patch_pk3s_Q3A_EULA.txt"); + $html = "

Newer pk3 files from id point release patches +are required to play Quake III: Arena on icculus.org/quake3.

EULA

In order for us to distribute the updated pk3 files from id Software, you need to agree to their EULA. Read through it, then click Agree if you Agree.

-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 DEMO 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 and limited right to use the
-Software only in executable or object code form. The term \"Software\"
-includes all elements of the Software, including, without limitation, 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 and means the uses permitted in section 3.
-hereinbelow.  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 exported 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 as permitted by section 3.
-hereinbelow);
-
-
-
-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, decompile, modify or alter the
-Software including, without limitation, creating or developing extra or
-add-on levels for 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; or
-
-
-
-l.          remove or alter any legal notices or other markings or 
-legends, such as trademark and copyright notices, affixed on or within
-the Software.
-
-
-
-3.         Permitted Distribution and Copying.  So long as this Agreement
-accompanies each copy you make of  the Software, and so long as you fully
-comply, at all times, with this Agreement, ID grants to you the
-non-exclusive and limited right to copy the Software and to distribute 
-such copies of the Software free of charge for non-commercial purposes 
-which shall include the free of charge distribution of copies of the
-Software as mounted on the covers of magazines; provided, however, you
-shall not copy or distribute the Software in any infringing manner or
-in any manner which violates any law or  third party right and you shall
-not distribute the Software together with any material which is 
-infringing, libelous, defamatory, obscene, false, misleading, or 
-otherwise illegal or unlawful. You agree to label conspicuously as 
-\"SHAREWARE\" or \"DEMO\" each CD or other non-electronic copy of the 
-Software that you make and distribute.  ID reserves all rights not
-granted in this Agreement. You shall not commercially distribute the
-Software  unless you first  enter into a separate contract with ID, a
-copy of which you may request, but which ID may decline to execute.
-For more information visit www.quake3arena.com.
-
-
-
-4.         Intellectual Property Rights.  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. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS
-AGREEMENT.
-
-
-
-6.         Governing Law, Venue, Indemnity 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. You agree to indemnify, defend and hold
-harmless ID and ID's officers, employees, directors, agents, licensees
-(excluding you), successors and assigns from and against all losses,
-lawsuits, damages, causes of action and claims relating to and/or
-arising from your breach of this Agreement.  You agree that your
-unauthorized use of the Software, or any part thereof, may immediately
-and irreparably damage ID such that ID could not be adequately
-compensated solely by a monetary award and that at ID's option ID shall
-be entitled to an injunctive order, in addition to all other available
-remedies including a monetary award, appropriately restraining and/or
-prohibiting such unauthorized use without the necessity of ID posting
-bond or other security. IN ANY CASE, ID AND ID'S OFFICERS, EMPLOYEES,
-DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS AND ASSIGNS
-SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,
-SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR
-DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH
-OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL
-THEORY EVEN IF ID OR ITS AGENT HAVE 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. This
-Section 6. shall survive cancellation or termination of this Agreement.
-
-
-
-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. §§ 227.7201 through 227.7204,
-inclusive.
-
-
-
-8.         General Provisions.  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 of competent jurisdiction, the validity and enforceability of the
-other provisions shall not be affected thereby.  If any provision is
-determined to be unenforceable by a court of competent jurisdiction, 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.  Immediately upon your failure to comply with
-or breach of any term or provision of this Agreement, THIS AGREEMENT
-AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID
-MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER
-APPLICABLE LAW AND/OR THIS AGREEMENT.   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 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.
+$eula
diff --git a/web/include/id_patch_pk3s_Q3A_EULA.txt b/web/include/id_patch_pk3s_Q3A_EULA.txt new file mode 100644 index 0000000..f8cdde3 --- /dev/null +++ b/web/include/id_patch_pk3s_Q3A_EULA.txt @@ -0,0 +1,219 @@ +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 DEMO 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 and limited right to use the +Software only in executable or object code form. The term "Software" +includes all elements of the Software, including, without limitation, 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 and means the uses permitted in section 3. +hereinbelow. 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 exported 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 as permitted by section 3. +hereinbelow); + + + +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, decompile, modify or alter the +Software including, without limitation, creating or developing extra or +add-on levels for 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; or + + + +l. remove or alter any legal notices or other markings or +legends, such as trademark and copyright notices, affixed on or within +the Software. + + + +3. Permitted Distribution and Copying. So long as this Agreement +accompanies each copy you make of the Software, and so long as you fully +comply, at all times, with this Agreement, ID grants to you the +non-exclusive and limited right to copy the Software and to distribute +such copies of the Software free of charge for non-commercial purposes +which shall include the free of charge distribution of copies of the +Software as mounted on the covers of magazines; provided, however, you +shall not copy or distribute the Software in any infringing manner or +in any manner which violates any law or third party right and you shall +not distribute the Software together with any material which is +infringing, libelous, defamatory, obscene, false, misleading, or +otherwise illegal or unlawful. You agree to label conspicuously as +"SHAREWARE" or "DEMO" each CD or other non-electronic copy of the +Software that you make and distribute. ID reserves all rights not +granted in this Agreement. You shall not commercially distribute the +Software unless you first enter into a separate contract with ID, a +copy of which you may request, but which ID may decline to execute. +For more information visit www.quake3arena.com. + + + +4. Intellectual Property Rights. 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. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS +AGREEMENT. + + + +6. Governing Law, Venue, Indemnity 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. You agree to indemnify, defend and hold +harmless ID and ID's officers, employees, directors, agents, licensees +(excluding you), successors and assigns from and against all losses, +lawsuits, damages, causes of action and claims relating to and/or +arising from your breach of this Agreement. You agree that your +unauthorized use of the Software, or any part thereof, may immediately +and irreparably damage ID such that ID could not be adequately +compensated solely by a monetary award and that at ID's option ID shall +be entitled to an injunctive order, in addition to all other available +remedies including a monetary award, appropriately restraining and/or +prohibiting such unauthorized use without the necessity of ID posting +bond or other security. IN ANY CASE, ID AND ID'S OFFICERS, EMPLOYEES, +DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS AND ASSIGNS +SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, +SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR +DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH +OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL +THEORY EVEN IF ID OR ITS AGENT HAVE 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. This +Section 6. shall survive cancellation or termination of this Agreement. + + + +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. §§ 227.7201 through 227.7204, +inclusive. + + + +8. General Provisions. 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 of competent jurisdiction, the validity and enforceability of the +other provisions shall not be affected thereby. If any provision is +determined to be unenforceable by a court of competent jurisdiction, 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. Immediately upon your failure to comply with +or breach of any term or provision of this Agreement, THIS AGREEMENT +AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID +MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER +APPLICABLE LAW AND/OR THIS AGREEMENT. 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 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. -- cgit v1.2.3