[gobolinux-users] Enemy-Territory--2.56--i386

michael michael at xinomorph.org
Wed Nov 10 13:56:04 GMT 2004


MJ Ray wrote:
> On 2004-11-10 13:03:44 +0000 michael <michael at xinomorph.org> wrote:
> 
>> - The License.  I'm unsure if I can actually distribute it. [...]
> 
> 
> What is the licence? URL? Paste text?

LIMITED USE SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (this "Agreement") is a 
legal agreement between you, the end-user, and Id Software, Inc. ("ID"). 
  BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THE GAME PROGRAM 
ENTITLED WOLFENSTEIN: ENEMY TERRITORY  (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.  You agree that you are 
obtaining a copy of the Software via download only, and you acknowledge 
and agree that you shall not copy or retain the Software except as 
expressly permitted herein.

1.	Grant of License.  Subject to the terms and provisions of this 
Agreement and so long as you fully comply at all times with this 
Agreement, ID grants to you the non-exclusive and limited right to use 
the Software only in executable or object code form.  The term 
"Software" includes all elements of the Software, including, without 
limitation, data files and screen displays.  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.  For 
purposes of the first sentence 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, and 
means the uses permitted in sections 2 and 4 hereinbelow.  You agree 
that the Software will not be downloaded, shipped, transferred, exported 
or re-exported into any country or to a national or resident of 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 any country 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.  ID reserves all rights not granted in this Agreement, 
including, without limitation, all rights to ID's trademarks.

2.	Permitted New Creations.  Subject to the terms and provisions of this 
Agreement and so long as you fully comply at all times with this 
Agreement, ID grants to you the non-exclusive and limited right to 
create for the Software (except any Software code) your own 
modifications (the "New Creations") that shall operate only with the 
Software (but not any demo, test or other version of the Software).  You 
may include within the New Creations certain textures and other images 
(the "Software Images") from the Software.  You shall not create any New 
Creations that infringe against any third-party right or that are 
libelous, defamatory, obscene, false, misleading, or otherwise illegal 
or unlawful. You agree that the New Creations will not be downloaded, 
shipped, transferred, exported or re-exported into any country or to a 
national or resident of 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 New Creations 
in violation of any applicable law.  The New Creations shall not be 
downloaded or otherwise exported or re-exported into any country 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.  You shall 
not rent, sell, lease, lend, offer on a pay-per-play basis or otherwise 
commercially exploit or commercially distribute the New Creations.  You 
are permitted only to distribute, without any cost or charge, the New 
Creations to other end-users so long as such distribution is not 
infringing against any third-party right and is not otherwise illegal or 
unlawful.  As noted below, in the event you commit any breach of this 
Agreement, your license and this Agreement automatically shall 
terminate, without notice.

3.	Prohibitions with Regard to the Software.  You, whether 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 by any means, except as permitted by section 
4 hereinbelow;

f.	in any other manner and through any medium whatsoever commercially 
exploit the Software, or use the Software for any commercial purpose, 
including, without limitation, giving away copies of the Software for 
free to promote or market any other material;

g.	disassemble, reverse engineer, decompile, modify, except as permitted 
by section 2 hereinabove, or alter the Software;

h.	translate the Software;

i.	reproduce or copy the Software, except as permitted by section 4 
hereinbelow;

j.	publicly display the Software;

k.	prepare or develop derivative works based upon the Software; or

l.	modify, remove or alter this Agreement or any notices or other 
markings or legends, such as trademark or copyright notices, affixed on 
or within the Software.

4.	Permitted Distribution and Copying.  So long as this Agreement 
accompanies each copy you make of the Software and so long as you fully 
comply at all times with this Agreement, ID grants to you the 
non-exclusive and limited right to:  (i) copy the Software from the 
download onto your computer hard drive; (ii) copy the Software from your 
computer hard drive into your computer RAM; (iii) copy on one (1) hard 
disk one (1) "back up" or archival copy of the Software; and (iv) copy 
the Software and distribute such copies as standalone copies on physical 
media or in electronic format of the Software free of charge for 
non-commercial purposes and not in connection with any other material. 
You shall not distribute copies of the Software as mounted on or 
attached to the covers or any other part of magazines or other printed 
material.  You shall not copy or distribute the Software in any manner 
that infringes against, misappropriates or otherwise violates any 
third-party right or that is libelous, defamatory, obscene, false, 
misleading, or otherwise illegal or unlawful.  You shall not receive any 
postage, shipping, handling or other charge, payment, fee, or other 
consideration, including items in trade, in exchange for or in 
connection with copies of Software you may distribute, even if only for 
reimbursement.  You shall not receive any value or consideration in 
exchange for or in connection with copies of the Software you may 
distribute.  You shall not distribute the Software bundled, co-packaged 
or together with any material.  You shall not distribute the Software in 
connection with the promotion or marketing of any material.  Except as 
such are included by ID within copies of the Software that you are 
permitted to make under this Agreement, you shall not reproduce, depict, 
display or copy the title of the Software, the ID name or any screen 
display or other element or part of the Software.  In exercising your 
limited rights hereunder, you shall comply, at all times, with all 
applicable laws, regulations, ordinances and statutes.  ID reserves all 
rights not granted in this Agreement. You shall not commercially 
distribute the Software unless you first enter into a separate contract 
with ID, on terms and conditions determined in ID's sole discretion, and 
only upon your receipt of a written agreement executed by an authorized 
officer of ID.

5.	Intellectual Property Rights.  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, or the New 
Creations, complies with this Agreement.  You agree that you are 
receiving a copy of the Software by limited 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.

6.         NO ID WARRANTIES.  ID DISCLAIMS , AND ITS 
LICENSEE'S (INCLUDING, WITHOUT LIMITATION, ACTIVISION INC. AND ITS 
AFFILIATES) DISCLAIM, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, 
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND 
FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, 
WITH RESPECT TO THE SOFTWARE, THE SOFTWARE IMAGES AND OTHERWISE.  THE 
SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY.  ID DOES NOT (AND 
ITS LICENSEES DO NOT) WARRANT 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.  ADDITIONAL STATEMENTS, 
WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY IDÂ (OR ANY ID 
LICENSEE) AND SHOULD NOT BE RELIED UPON.  THIS SECTION SHALL SURVIVE 
THE CANCELLATION OR TERMINATION OF THIS AGREEMENT.

7.	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 and applicable United States 
federal law.  Exclusive venue for all litigation regarding this 
Agreement shall be in Dallas County, Texas, 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 ID and ID's 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 the New Creations or the 
distribution or other use of the New Creations or relating to and/or 
arising from your breach of this Agreement.  You agree that your 
unauthorized use of the Software Images, or the Software, or any part 
thereof, immediately and irreparably will damage ID such that ID could 
not be compensated adequately solely by a monetary award, and upon such 
actual or threatened unauthorized use, at ID's option, that ID 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 ID posting bond or other security.  IN ANY 
CASE, ID, AND ID'S OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, 
REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES 
(EXCLUDING YOU), SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY 
CLAIM BY ANY THIRD PARTY OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOST 
SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE 
DAMAGES 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 ID OR ID'S REPRESENTATIVES HAVE BEEN 
ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES 
ARE FORESEEABLE.  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.

8.	United States 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. §§ 227.7201 
through 227.7204, inclusive.

9.	General Provisions.  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 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 maximum 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.  IMMEDIATELY UPON 
YOUR FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS 
AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY 
SHALL TERMINATE, WITHOUT NOTICE, AND ID MAY PURSUE ALL RELIEF AND 
REMEDIES AGAINST YOU THAT ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS 
AGREEMENT.  Immediately upon termination of this Agreement, any and all 
rights you are granted hereunder shall terminate, you shall have no 
right to use the Software or the New Creations, in any manner, and you 
immediately shall destroy all copies of the Software and the New 
Creations in your possession, custody or control, and all rights granted 
hereunder shall revert, without notice, to and be vested in ID.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS 
AGREEMENT, AND 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 OR RAM, 
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 ID 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 ID AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.


-- 
Michael "stormy" Farrell: http://ratemyrackmountedserver.com/~michael/
EMAIL: zvpunry at kvabzbecu.bet, fgbezl at xehry.bet  JABBER: fgbezl at xehry.bet
IRC: zvpbybhf at vep.serrabqr.arg, fgbezl at vep.xehry.bet
GoboLinux Victim #01000001. Eat ROT13, spambots! tr A-Za-z N-ZA-Mn-za-m


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