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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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