RTCW-ETEULA
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.Â
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.
