r418 - trunk/code/unix

DONOTREPLY at icculus.org DONOTREPLY at icculus.org
Mon Dec 5 15:41:15 EST 2005


Author: ludwig
Date: 2005-12-05 15:41:15 -0500 (Mon, 05 Dec 2005)
New Revision: 418

Removed:
   trunk/code/unix/README.EULA
Log:
remove EULA document to prevent confusion


Deleted: trunk/code/unix/README.EULA
===================================================================
--- trunk/code/unix/README.EULA	2005-12-05 17:32:54 UTC (rev 417)
+++ trunk/code/unix/README.EULA	2005-12-05 20:41:15 UTC (rev 418)
@@ -1,184 +0,0 @@
-	LIMITED COMPATIBILITY TESTING AND RECREATIONAL
-	USE SOFTWARE TEST LICENSE AGREEMENT
-
-This Limited Compatibility Testing and Recreational Use Software Test
-License Agreement (the "Agreement") is a legal agreement between you, the
-end-user, and Id Software, Inc. ("ID").  BY CONTINUING THE INSTALLATION
-OF THIS TEST VERSION OF THE GAME PROGRAM ENTITLED QUAKE III: ARENA (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.
-
-1.	Grant of License.  Subject to the terms and provisions of this
-Agreement, ID grants to you the non-exclusive limited right to use this
-Software only in executable or object code form and only for the purpose
-of testing the compatibility of your computer system with the Software
-and for non-commercial, recreational purposes.	The term "Software"
-includes all elements of the Software such as data files and screen
-displays.  You are not receiving any ownership or proprietary right,
-title or interest in or to the Software or the copyright, trademarks, or
-other rights related thereto.  For purposes 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.
-You agree that the Software will not be shipped, transferred or 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 may not be downloaded or otherwise exported or reexported
-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.
-
-2.	Prohibitions. You, either 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 (except by electronic means, as permitted
-by section 3. hereinbelow) by any means, including, but not limited to
-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, disassemble, decompile, modify
-or alter the Software;
-
-h.	translate the Software;
-
-i.	reproduce or copy the Software (except as permitted by section
-3. hereinbelow);
-
-j.	publicly display the Software; 
-
-k.	prepare or develop derivative works based upon the Software; 
-
-l.	remove or alter any legal notices, such as trademark and copyright
-notices, affixed on or within the Software; or
-
-m.	create or develop extra or add-on levels for the Software.
-
-3.	Permitted Electronic Distribution and Copying.	So long as this
-Agreement accompanies the Software at all times, ID grants to you the
-limited right to distribute, free of charge, and by electronic means
-only, the Software.  Anyone who receives the Software shall be limited to
-all the terms and conditions of this Agreement.  You may make only the
-following copies of the Software:   (i) you may download the Software
-from the Internet and onto your computer hard drive; (ii) you may copy
-the Software from your computer hard drive into your computer RAM; and
-(iii) you may make one (1) "back up" or archival copy of the Software
-on one (1) hard disk.
-
-4.	Copyright.  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 complies with this Agreement.  You agree that you
-are receiving a copy of the Software by 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.
-
-5.	NO WARRANTIES.	ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
-OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
-MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO
-THE SOFTWARE.  ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
-WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR
-SPECIFIC REQUIREMENTS.	ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS,
-WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD
-NOT BE RELIED UPON.
-
-6.	Governing Law, Venue 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.  Copyright
-and other proprietary matters will be governed by United States laws and
-international treaties.  Exclusive venue for all litigation regarding
-this Agreement shall be in Dallas County, Texas and you agree to submit to
-the jurisdiction of the courts in Dallas, Texas for any such litigation.
-IN ANY CASE, NEITHER ID NOR ID'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS,
-LICENSEES, SUBLICENSEES, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF
-DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
-INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF
-WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT  LIABILITY,
-OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE
-POSSIBILITY OF 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.
-
-7.	U.S. 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. ¤¤ 227.7202-1 through 227.7204,
-inclusive.
-
-8.	General Provisions.  A copy of all notices or other correspondence
-which you send to ID shall also be sent by you to ID's counsel:
-
-D. Wade Cloud, Jr.
-HIERSCHE, MARTENS, HAYWARD, DRAKELEY & URBACH, P.C.
-15303 Dallas Parkway, Suite 700
-Dallas, TX 75248
-(972) 701-7000
-Facsimile:   (972) 701-8765
-
-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,
-the validity and enforceability of the other provisions shall not be
-affected thereby.  If any provision is determined to be unenforceable,
-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 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.  If you fail to comply with any term of this
-Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE AND
-ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE
-UNDER APPLICABLE LAW AND/OR THIS AGREEMENT.  You agree that in the event
-of litigation relating to this Agreement, the prevailing litigant shall
-be entitled to recover the prevailing litigant's attorneys' fees and
-expenses and costs of court in addition to all other relief available
-under this Agreement and/or applicable law.  In the event this Agreement
-is terminated, you shall have no right to use the Software, in any manner
-and you shall immediately destroy all copies of the Software in your
-possession, custody or control.  You agree that your unauthorized use
-of any ID property, whether in whole or in part, would immediately and
-irreparably damage ID such that ID could not be adequately compensated
-by an award of monetary damages, and in the event of such threatened
-or actual unauthorized use ID shall be entitled to an injunctive order
-appropriately restraining and/or prohibiting such unauthorized use
-without the necessity of ID posting bond or other security.
-
-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
-BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  YOU FURTHER AGREE THAT,
-EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID AND YOU, THIS AGREEMENT
-IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF
-THE PARTIES HERETO.  THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS,
-PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN ID
-AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
-
-
-
-April 23, 1999     5:11 p.m.
-
-
-
-
-
-LIMITED COMPATIBILITY TESTING AND RECREATIONAL USE SOFTWARE
-TEST LICENSE AGREEMENT	Page 4
-3406.0586\C:\DWC\DOC\2082.DOC
-




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