1. Grant of License. Subject to the terms and provisions of this Agreement and so long as you comply fully at all times with this Agreement, Licensor grants to you the non-exclusive, revocable and limited right to use the Software in object code form only by 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 you may use the Software as permitted in Section 4 below. The term "Software" includes all elements of the Software, including, without limitation, data files, screen displays, other written, electronic or on-line materials or documentation, and any all copies of such Software and its materials. You hereby acknowledge and agree you are not receiving any ownership or proprietary right, title, or interest in or to the Software or the copyrights, trademarks, or other rights related thereto. You agree that the Software will not be shipped, transferred, or exported into any country in violation of the United States 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 shall not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods or to anyone or into any country who/that are prohibited by applicable law, from receiving such property. In exercising your limited rights hereunder, you shall comply at all times with all applicable laws, regulations, ordinances, and statutes. Licensor reserves all rights not granted in this Agreement, including, without limitation, all rights to Licensor's trademarks including without limitation the trademark QUAKE LIVE™ and you agree you are not receiving any right to use any Licensor trademark.
2. Prohibitions. You, whether directly or indirectly, shall not do any of the following acts:
a. modify the Software;
b. alter the Software;
c. rent the Software;
d. sell the Software;
e. lease or lend the Software;
f. offer the Software on a "pay-per-play" basis;
h. in any manner and through any medium whatsoever, commercially exploit the Software or use the Software for any commercial purpose;
i. disassemble, reverse engineer, or decompile the Software;
j. translate the Software;
k. create or develop extra or add on levels for the Software, excepts as expressly permitted under Section 7 below;
l. reproduce or copy the Software, except as expressly permitted under Section 4 below;
m. publicly display the Software;
n. prepare or develop derivative works based upon the Software;
o. remove or alter any legal notices or other markings or legends, such as trademark and copyright notices, affixed on or within the Software;
p. remove, alter, modify, disable, or reduce any of the anti-piracy measures or components contained in the Software;
q. bundle or package the Software with any other software, hardware, or anything else, except as expressly permitted under Section 4 below in regard to mounting the Software on magazine covers; or
r. except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network or data center server, for on-line use, for television use, or on more than one computer, computer terminal, or workstation at the same time, or on or via any transmission system that permits or facilitates viewing of play by others;
3. Prohibition against Cheat Programs. Any attempt by you, either directly or indirectly, to circumvent or bypass any element of the Software to gain any advantage in multiplayer play of the Software is a material breach of this Agreement. It is a material breach of this Agreement for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or otherwise make any use of any software program or any modification to the Software ("Cheat Program") itself that enables or allows the user thereof to obtain an advantage or otherwise exploit another Software player or user when playing the Software against other players or users on a local area network, any other network, or on the Internet. Hacking into the executable of the Software, modification of the Software, or any other use of the Software in connection with the creation, development, or use of any such unauthorized Cheat Program is a material breach of this Agreement. Cheat Programs include, but are not limited to, programs that allow Software players or users to see through walls or other level geometry; programs that allow Software players or users to change their rate of speed outside the allowable limits of the Software; programs that crash either and/or other Software players, users, PC clients, or network servers; programs that automatically target other Software players or users (commonly referred to as "aimbots") that automatically simulate Software player or user input for the purpose of gaining an advantage over other Software players or users; or any other program or modification that functions in a similar capacity or allows any prohibited conduct. In the event you breach this Section or otherwise breach this Agreement, the license granted to you herein and this Agreement automatically shall terminate, without notice, and you shall have no right to play the Software against other players or make any other use of the Software.
4. Permitted Distribution and Copying. Subject to the terms and conditions of this Agreement, you may download one (1) copy of the Software per computer and, in exercising your limited rights hereunder, you shall comply at all times with all applicable laws, regulations, ordinances, and statutes. Licensor reserves all rights not granted in this Agreement. You shall not distribute the Software commercially unless you first enter into a separate written contract with Licensor, on terms and conditions determined in Licensor's sole discretion, and only upon your receipt of a written agreement executed by an authorized officer of Licensor.
5. Intellectual Property Rights. Licensor owns 100% of the Software including all elements thereof. The Software and all copyrights, trademarks, and all other conceivable intellectual property rights related to the Software are owned by Licensor 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. This Section shall survive the cancellation or termination of this Agreement.
In no event shall Licensor be held responsible for any damage in the event your passwords are disclosed, including but limited to any damage that occurs to Your Account, your characters or your scores. Further, Licensor shall not be liable for any financial or emotional damage or distress you may suffer and/or for subsequent loss or damage to Your Account, characters, scores as a result of the disclosure of your passwords to a third party. You shall not disclose your passwords to any third party or allow anyone to use your password to access Your Account, or to use the Software. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the password of anyone else. SUCH DISCLOSURE AND/OR USE IS A BREACH OF THIS AGREEMENT. WE NEVER ASK YOU FOR YOUR PASSWORD BY TELEPHONE OR E-MAIL, AND YOU SHOULD NOT DISCLOSE IT THIS WAY IF SOMEONE ASKS YOU TO DO SO.
7. Disclaimer of Warranties. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR ANY WARRANTIES ARISING UNDER ANY STATUTE, COURSE OF DEALING, OR OTHER LEGAL REQUIREMENT OR OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. LICENSOR DOES NOT WARRANT OR REPRESENT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. In addition, you acknowledge that LICENSOR is not responsible for the Internet or whether it should continue to exist in its present form or whether or not a government or governmental agency, either foreign or domestic, will control, regulate or disband the Internet. Use of the Internet is at your sole risk.ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY LICENSOR AND SHOULD NOT BE RELIED UPON. THIS SECTION SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS AGREEMENT.
8. 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 (but excluding conflicts of laws principles) and applicable United States federal law. Except as set forth below, exclusive venue for all litigation regarding this Agreement shall be in Dallas County, Texas USA, and you agree to submit to the jurisdiction of the federal and state courts in Dallas County, Texas, for any such litigation. You hereby agree to indemnify, defend and hold harmless Licensor, its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sub-licensees (excluding you), successors, and assigns from and against all losses, lawsuits, damages, causes of action, and claims relating to and/or arising from: (i) your breach of this Agreement; (ii) your distribution or other use of the Software; and/or (iii) your acts and omissions to act in using the Software pursuant to the terms of the Agreement. You agree that your unauthorized use of the Software, or any part thereof, immediately and irreparably may damage Licensor such that Licensor could not be compensated adequately solely by a monetary award, and in such event, and at Licensor's option, Licensor shall be entitled to an injunctive order, in addition to all other available remedies, including a monetary award, to prohibit such unauthorized use without the necessity of Licensor proving damages or posting bond or other security. LICENSOR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSS OF DATA OR RECORDS, DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF PROFITS, LOST SAVINGS, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, THIRD PARTY CLAIMS, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF LICENSOR OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF LICENSOR OR ITS AGENTS RECEIVE NOTICE OF THE POSSIBILITY OF ANY 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 shall survive the cancellation or termination of this Agreement. IN NO EVENT SHALL THE ENTIRE LIABILITY OF LICENSOR ARISING FROM OR IN ANY WAY RELATED TO THE SOFTWARE OR ANY PART THEREOF, OR THIS AGREEMENT, EXCEED IN THE AGGREGATE THE FEES PAID BY YOU IN RESPECT OF YOUR USE OF THE SERVICES OVER THE PRIOR THREE (3) MONTH PERIOD.
9. United States Government Restricted Rights. To the extent applicable, the United States Government shall have only 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.
10. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Licensor may assign its rights under this Agreement in their 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 Licensor 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 THIS AGREEMENT OR YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, THIS AGREEMENT AND THE LICENSE GRANTED TO YOU HEREIN AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND LICENSOR MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. Immediately upon the termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software, in any manner, you shall cease any and all use of the Software, and you shall remove immediately the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control, and all rights granted hereunder shall revert, without notice, to and be vested in Licensor.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND YOU UNDERSTAND THAT, BY CONTINUING THE DOWNLOAD OR INSTALLATION OF 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 AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN, SEPARATE AGREEMENTS, IF ANY, BETWEEN LICENSOR AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO RELATING TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS, OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, BETWEEN LICENSOR AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
If you have any questions concerning this license, you may contact in writing ID SOFTWARE LLC at [email protected]