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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 Software") and Activision Publishing, Inc.
("Activision"). BY CONTINUING THE INSTALLATION OF THE FULL VERSION GAME PROGRAM ENTITLED RETURN to
CASTLE WOLFENSTEIN (THE "SOFTWARE"), BY LOADING OR RUNNING THESOFTWARE, 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.
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 Software 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 andscreen
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. herein below. You agree that the Software will not be
downloaded, shipped, transferred, exported or re-exported into any country in violation of the U.S.
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 (or to a national or resident of) any country to which the
U.S. has embargoed goods or to anyone or into any country who/which 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 Software reserves
all rights not granted in this Agreement, including, without limitation, all rights to Id
Software'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 Software grants to you the non-exclusive and
limited right to create for the Software (except any Software code) your own modifications (the
"New Creations") which 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 texturesand other images (the
"Software Images") from the Software. You shall not create any New Creations which infringe
against any third party right or which 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 in violation of the U.S.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, theNew Creations in
violation of any applicable law. The New Creations shall not be downloaded orotherwise exported or
re-exported into (or to a national or resident of) any country to which the U.S. has embargoed
goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving
such property. You shall not rent, sell, lease, lend, offer on a pay-per-play basis orotherwise
commercially exploit or commercially distribute the New Creations. You are only permitted 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 shall automatically 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, including, but not limited to, Internet or
other electronic distribution, direct mail, retail, mail order or other means;
f. in any other manner and through any medium whatsoever commercially exploit the Software or use
the Software for any commercial purpose;
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. herein below);
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. remove or alter any notices or other markings or legends, such as trademark or copyright
notices, affixed on or within the Software or the Printed Materials (as defined in section 5.
below).
4. Permitted Copying. You may make only the following copies of the Software: (i) you may copy the
Software from the CD ROM, which you purchase, onto your computer hard drive; (ii) youmay copy the
Software from your computer hard drive into your computer RAM; and (iii) you maymake one (1) "back
up" or archival copy of the Software on one (1) hard disk.
5. Intellectual Property Rights. Certain printed materials (the "Printed Materials") accompany the
Software. The Software, the Printed Materials and all copyrights, trademarks and all other
conceivable intellectual property rights related to the Software and the Printed Materials are
ownedby Id Software 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 and the
Printed Materials 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, the Printed Materials or the New Creations complies with this Agreement. You
agree that you are receiving a copy of the Software and the Printed Materials 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 or the Printed Materials. This section shall survive the
cancellation or termination of this Agreement.
6. NO ID SOFTWARE WARRANTIES. ID SOFTWARE DISCLAIMS 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 PRINTED MATERIALS,
THE SOFTWARE IMAGES AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. ID
SOFTWARE DOES 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 IDSOFTWARE AND SHOULD NOT BE
RELIED UPON. This section shall survive the cancellation or termination of this Agreement.
7. Limited Activision Warranty. Activision warrants to the original consumer purchaser of the
Software that the recording medium on which the Software is recorded will be free from defects
inmaterial and workmanship for ninety (90) days from the date of purchase. If the recording medium
is found defective within ninety (90) days of original purchase, Activision agrees to replace, free
of charge, any Software discovered to be defective within such period upon its receipt of the
Software, postage paid, with the proof of the date of purchase, as long as the Software is still
being manufactured by Activision. In the event that the Software is no longer available,
Activision retains the right to substitute a similar game program of equal or greater value. This
warranty is limited to the recording medium containing the Software as originally provided by
Activision and is not applicable to normal wear and tear. This warranty shall not be applicable and
shall be void if the defect has arisen through abuse, mistreatment or neglect.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR
WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON
OR OBLIGATE ACTIVISION.
When returning the Software for warranty replacement, the original Software disks must be sent only
in protective packaging and include: (1) photocopy of your dated sales receipt; (2) your name and
return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you
are encountering and the system on which you are running the Software; and (4) if you are returning
the Software after the 90-day warranty period, but within one year after the date of purchase,
please include check or money order for $10 U.S. ($19 AUD for Australia, or £10.00 for Europe)
currency per CD or floppy disk replacement. Note: Certified mail recommended.
In the U.S. send to:
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, CA 90067
In Europe send to:
Warranty Replacements
Activision
Parliament House
St. Laurence Way
Slough, Berkshire SL1 2BW
United Kingdom
Disk Replacement: +44 (0) 8705 143 525
In Australia and Asia Pacific territories send to:
Warranty Replacements
Activision
Century Plaza
41 Rawson Street
Epping, NSW 2121
Australia
8. Governing Law, Venue, Indemnity and Liability Limitation. This Agreement shall beconstrued in
accordance with and governed by the applicable laws of the State of Texas and applicable United
States federal law. Except as set forth below, 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. Exclusive venue for
alllitigation involving Activision, but not involving Id Software, with regard to this Agreement
shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the
courts in LosAngeles, California for any such litigation. You hereby agree to indemnify, defend
and hold harmless Id Software and Activision and Id Software's and Activision's respective
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 arisingfrom the New Creations or the distribution or other use of the New
Creations or relating to and/orarising from your breach of this Agreement. You agree that your
unauthorized use of the Software Images, the Printed Materials, or the Software, or any part
thereof, may immediately and irreparably damage Id Software such that Id Software could not be
adequately compensated solely by amonetary award, and in such event, at Id Software's option, that
Id Software 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 Software
posting bond or other security. IN ANY CASE, ID SOFTWARE, ACTIVISION, AND ID SOFTWARE'S AND
ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS,
LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUSING YOU), SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE
FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
PUNITIVE DAMAGES OR ANY OTHERDAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH
OFCONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID SOFTWARE,
ACTIVISION OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES,
OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE 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. This section shall survive the
cancellation or termination of this Agreement.
9. U.S. Government Restricted Rights. To the extent applicable, the United States Government shall
only have those rights to use the Software and the Printed Materials as expressly stated and
expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201through
227.7204, inclusive.
10. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or
sublicensed by you. Id Software and Activision each may assign its respective rights under this
Agreement in the assigning party's sole discretion. Should any provision of this Agreement be held
tobe 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 extent permitted by
applicable law. Failure of Id Software or Activision to enforce any provision of this Agreement
shall not constitute or beconstrued as a waiver of such provision or of the right to enforce such
provision. IMMEDIATELYUPON YOUR FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS
AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT
NOTICE, AND ID SOFTWARE AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU, WHICH 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, the Printed Materials or the New Creations, in any manner, and you shall
immediately destroy all copies of the Software, the Printed Materials 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 Software.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND
THAT BY CONTINUING THE 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 BYTHE
TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPTFOR WRITTEN SEPARATE
AGREEMENTS, IF ANY, BETWEEN ID SOFTWARE, ACTIVISION 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 SOFTWARE, ACTIVISION AND YOU RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.
