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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 downloading of this Wolfenstein 3D (the "Trademark") software
material, which includes source code (the "Source Code"), artwork data,
music and software tools (collectively, the "Software"), you are agreeing to
be bound by the terms of this Agreement. If you do not agree to the terms
of this Agreement, promptly destroy the Software you may have downloaded.
ID SOFTWARE LICENSE
Grant of License. ID grants to you the right to use one (1) copy of the
Software on a single computer. You have no ownership or proprietary rights
in or to the Software, or the Trademark. For purposes of this section,
"use" means loading the Software into RAM, as well as installation on a hard
disk or other storage device. The Software, together with any archive copy
thereof, shall be destroyed when no longer used in accordance with this
Agreement, or when the right to use the Software is terminated. 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) and that you will not utilize, in any other manner,
the Software in violation of any applicable law.
Permitted Uses. For educational purposes only, you, the end-user, may use
portions of the Source Code, such as particular routines, to develop your
own software, but may not duplicate the Source Code, except as noted in
paragraph 4. The limited right referenced in the preceding sentence is
hereinafter referred to as "Educational Use." By so exercising the
Educational Use right you shall not obtain any ownership, copyright,
proprietary or other interest in or to the Source Code, or any portion of
the Source Code. You may dispose of your own software in your sole
discretion. With the exception of the Educational Use right, you may not
otherwise use the Software, or an portion of the Software, which includes
the Source Code, for commercial gain.
Prohibited Uses: Under no circumstances shall you, the end-user, be
permitted, allowed or authorized to commercially exploit the Software.
Neither you nor anyone at your direction shall do any of the following acts
with regard to the Software, or any portion thereof:
Rent;
Sell;
Lease;
Offer on a pay-per-play basis;
Distribute for money or any other consideration; or
In any other manner and through any medium whatsoever commercially exploit
or use for any commercial purpose.
Notwithstanding the foregoing prohibitions, you may commercially exploit the
software you develop by exercising the Educational Use right, referenced in
paragraph 2. hereinabove.
Copyright. The Software and all copyrights related thereto (including all
characters and other images generated by the Software or depicted in the
Software) are owned by ID and is protected by United States copyright laws
and international treaty provisions. Id shall retain exclusive ownership
and copyright in and to the Software and all portions of the Software and
you shall have no ownership or other proprietary interest in such materials.
You must treat the Software like any other copyrighted material, except that
you may either (a) make one copy of the Software solely for back-up or
archival purposes, or (b) transfer the Software to a single hard disk
provided you keep the original solely for back-up or archival purposes. You
may not otherwise reproduce, copy or disclose to others, in whole or in any
part, the Software. You may not copy the written materials accompanying the
Software. You agree to use your best efforts to see that any user of the
Software licensed hereunder complies with this Agreement.
NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION. ID DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR
SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO
THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF ID.
Exclusive Remedies. The Software is being offered to you free of any
charge. You agree that you have no remedy against ID, its affiliates,
contractors, suppliers, and agents for loss or damage caused by any defect
or failure in the Software regardless of the form of action, whether in
contract, tort, includinegligence, strict liability or otherwise, with
regard to the Software. This Agreement shall be construed in accordance
with and governed by the laws of the State of Texas. Copyright and other
proprietary matters will be governed by United States laws and international
treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF
PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER
SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR 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.
General Provisions. Neither this Agreement nor any part or portion hereof
shall be assigned, sublicensed or otherwise transferred by you. 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 a party 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 terms of this
Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED and you agree to the
issuance of an injunction against you in favor of Id. You agree that Id
shall not have to post bond or other security to obtain an injunction
against you to prohibit you from violating Id's rights.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS
AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOADING OF THE
SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS.
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. 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
