1 LIMITED USE SOFTWARE LICENSE AGREEMENT
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3 This Limited Use Software License Agreement (the "Agreement")
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4 is a legal agreement between you, the end-user, and Id Software, Inc.
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5 ("ID"). By continuing the downloading of this Wolfenstein 3D
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6 (the "Trademark") software material, which includes source code
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7 (the "Source Code"), artwork data, music and software tools
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8 (collectively, the "Software"), you are agreeing to be bound by the
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9 terms of this Agreement. If you do not agree to the terms of this
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10 Agreement, promptly destroy the Software you may have downloaded.
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14 Grant of License. ID grants to you the right to use one (1)
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15 copy of the Software on a single computer. You have no ownership or
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16 proprietary rights in or to the Software, or the Trademark. For purposes
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17 of this section, "use" means loading the Software into RAM, as well as
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18 installation on a hard disk or other storage device. The Software,
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19 together with any archive copy thereof, shall be destroyed when no longer
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20 used in accordance with this Agreement, or when the right to use the
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21 Software is terminated. You agree that the Software will not be shipped,
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22 transferred or exported into any country in violation of the U.S.
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23 Export Administration Act (or any other law governing such matters) and
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24 that you will not utilize, in any other manner, the Software in violation
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25 of any applicable law.
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27 Permitted Uses. For educational purposes only, you, the end-user,
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28 may use portions of the Source Code, such as particular routines, to
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29 develop your own software, but may not duplicate the Source Code, except
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30 as noted in paragraph 4. The limited right referenced in the preceding
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31 sentence is hereinafter referred to as "Educational Use." By so exercising
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32 the Educational Use right you shall not obtain any ownership, copyright,
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33 proprietary or other interest in or to the Source Code, or any portion of
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34 the Source Code. You may dispose of your own software in your sole
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35 discretion. With the exception of the Educational Use right, you may not
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36 otherwise use the Software, or an portion of the Software, which includes
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37 the Source Code, for commercial gain.
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39 Prohibited Uses: Under no circumstances shall you, the end-user,
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40 be permitted, allowed or authorized to commercially exploit the Software.
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41 Neither you nor anyone at your direction shall do any of the following acts
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42 with regard to the Software, or any portion thereof:
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50 Offer on a pay-per-play basis;
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52 Distribute for money or any other consideration; or
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54 In any other manner and through any medium whatsoever commercially
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55 exploit or use for any commercial purpose.
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57 Notwithstanding the foregoing prohibitions, you may commercially exploit the
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58 software you develop by exercising the Educational Use right, referenced in
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59 paragraph 2. hereinabove.
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61 Copyright. The Software and all copyrights related thereto
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62 (including all characters and other images generated by the Software
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63 or depicted in the Software) are owned by ID and is protected by
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64 United States copyright laws and international treaty provisions.
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65 Id shall retain exclusive ownership and copyright in and to the Software
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66 and all portions of the Software and you shall have no ownership or other
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67 proprietary interest in such materials. You must treat the Software like
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68 any other copyrighted material, except that you may either (a) make one
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69 copy of the Software solely for back-up or archival purposes, or (b)
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70 transfer the Software to a single hard disk provided you keep the original
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71 solely for back-up or archival purposes. You may not otherwise reproduce,
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72 copy or disclose to others, in whole or in any part, the Software. You
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73 may not copy the written materials accompanying the Software. You agree
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74 to use your best efforts to see that any user of the Software licensed
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75 hereunder complies with this Agreement.
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77 NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED,
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78 INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
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79 FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED
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80 WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH
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81 VARY FROM JURISDICTION TO JURISDICTION. ID DOES NOT WARRANT THAT THE
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82 OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR
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83 SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
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84 EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
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85 DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO
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86 THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF ID.
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88 Exclusive Remedies. The Software is being offered to you free of any
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89 charge. You agree that you have no remedy against ID, its affiliates,
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90 contractors, suppliers, and agents for loss or damage caused by any defect
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91 or failure in the Software regardless of the form of action, whether in
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92 contract, tort, includinegligence, strict liability or otherwise, with
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93 regard to the Software. This Agreement shall be construed in accordance
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94 with and governed by the laws of the State of Texas. Copyright and other
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95 proprietary matters will be governed by United States laws and international
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96 treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF
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97 PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER
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98 SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT,
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99 NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED
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100 OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
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101 Some jurisdictions do not allow the exclusion or limitation of incidental or
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102 consequential damages, so the above limitation or exclusion may not apply to
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105 General Provisions. Neither this Agreement nor any part or portion
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106 hereof shall be assigned, sublicensed or otherwise transferred by you.
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107 Should any provision of this Agreement be held to be void, invalid,
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108 unenforceable or illegal by a court, the validity and enforceability of the
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109 other provisions shall not be affected thereby. If any provision is
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110 determined to be unenforceable, you agree to a modification of such
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111 provision to provide for enforcement of the provision's intent, to the
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112 extent permitted by applicable law. Failure of a party to enforce any
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113 provision of this Agreement shall not constitute or be construed as a
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114 waiver of such provision or of the right to enforce such provision. If
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115 you fail to comply with any terms of this Agreement, YOUR LICENSE IS
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116 AUTOMATICALLY TERMINATED and you agree to the issuance of an injunction
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117 against you in favor of Id. You agree that Id shall not have to post
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118 bond or other security to obtain an injunction against you to prohibit
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119 you from violating Id's rights.
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121 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
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122 UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE
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123 DOWNLOADING OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S
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124 TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE
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125 AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE
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126 STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
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127 SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND
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128 ANY OTHER COMMUNICATIONS BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER
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