slackbuilds_ponce/games/etlegacy-data/LICENSE

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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. 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
ID (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.