3 LIMITED USE SOFTWARE LICENSE AGREEMENT
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5 This Limited Use Software License Agreement (the "Agreement")
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6 is a legal agreement between you, the end-user, and Id Software, Inc.
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7 ("ID"). By downloading or purchasing the software material, which
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8 includes source code (the "Source Code"), artwork data, music and
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9 software tools (collectively, the "Software"), you are agreeing to
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10 be bound by the terms of this Agreement. If you do not agree to the
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11 terms of this Agreement, promptly destroy the Software you may have
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12 downloaded or copied.
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16 1. Grant of License. ID grants to you the right to use the
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17 Software. You have no ownership or proprietary rights in or to the
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18 Software, or the Trademark. For purposes of this section, "use" means
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19 loading the Software into RAM, as well as installation on a hard disk
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20 or other storage device. The Software, together with any archive copy
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21 thereof, shall be destroyed when no longer used in accordance with
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22 this Agreement, or when the right to use the Software is terminated.
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23 You agree that the Software will not be shipped, transferred or
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24 exported into any country in violation of the U.S. Export
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25 Administration Act (or any other law governing such matters) and that
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26 you will not utilize, in any other manner, the Software in violation
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27 of any applicable law.
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29 2. Permitted Uses. For educational purposes only, you, the
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30 end-user, may use portions of the Source Code, such as particular
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31 routines, to develop your own software, but may not duplicate the
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32 Source Code, except as noted in paragraph 4. The limited right
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33 referenced in the preceding sentence is hereinafter referred to as
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34 "Educational Use." By so exercising the Educational Use right you
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35 shall not obtain any ownership, copyright, proprietary or other
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36 interest in or to the Source Code, or any portion of the Source
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37 Code. You may dispose of your own software in your sole discretion.
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38 With the exception of the Educational Use right, you may not
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39 otherwise use the Software, or an portion of the Software, which
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40 includes the Source Code, for commercial gain.
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42 3. Prohibited Uses: Under no circumstances shall you, the
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43 end-user, be permitted, allowed or authorized to commercially exploit
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44 the Software. Neither you nor anyone at your direction shall do any
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45 of the following acts with regard to the Software, or any portion
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54 Offer on a pay-per-play basis;
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56 Distribute for money or any other consideration; or
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58 In any other manner and through any medium whatsoever
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59 commercially exploit or use for any commercial purpose.
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61 Notwithstanding the foregoing prohibitions, you may commercially
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62 exploit the software you develop by exercising the Educational Use
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63 right, referenced in paragraph 2. hereinabove.
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65 4. Copyright. The Software and all copyrights related thereto
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66 (including all characters and other images generated by the Software
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67 or depicted in the Software) are owned by ID and is protected by
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68 United States copyright laws and international treaty provisions.
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69 Id shall retain exclusive ownership and copyright in and to the
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70 Software and all portions of the Software and you shall have no
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71 ownership or other proprietary interest in such materials. You must
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72 treat the Software like any other copyrighted material. You may not
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73 otherwise reproduce, copy or disclose to others, in whole or in any
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74 part, the Software. You may not copy the written materials
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75 accompanying the Software. You agree to use your best efforts to
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76 see that any user of the Software licensed hereunder complies with
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79 5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, BOTH EXPRESS
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80 IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
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81 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
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82 TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
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83 RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
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84 JURISDICTION. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
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85 WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS.
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86 THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS
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87 WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
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88 DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE
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89 MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF
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92 Exclusive Remedies. The Software is being offered to you
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93 free of any charge. You agree that you have no remedy against ID, its
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94 affiliates, contractors, suppliers, and agents for loss or damage
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95 caused by any defect or failure in the Software regardless of the form
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96 of action, whether in contract, tort, includinegligence, strict
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97 liability or otherwise, with regard to the Software. This Agreement
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98 shall be construed in accordance with and governed by the laws of the
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99 State of Texas. Copyright and other proprietary matters will be
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100 governed by United States laws and international treaties. IN ANY
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101 CASE, ID SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST
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102 SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER
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103 SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT,
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104 NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN
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105 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
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106 OTHER PARTY. Some jurisdictions do not allow the exclusion or
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107 limitation of incidental or consequential damages, so the above
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108 limitation or exclusion may not apply to you.
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projects / ~andy / sunrise / blob