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| -rw-r--r-- | licenses/Q2EULA | 4 |
1 files changed, 2 insertions, 2 deletions
diff --git a/licenses/Q2EULA b/licenses/Q2EULA index ff0382a5c7e7..18e71b9ee1ee 100644 --- a/licenses/Q2EULA +++ b/licenses/Q2EULA @@ -35,7 +35,7 @@ You shall not rent, sell, lease, lend, offer on a pay-per-play basis or otherwis 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) 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. - 5. Intellectual Property Rights. The Software, including the ID Images, and all printed material accompanying the Software (the "Printed Materials") and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software, the Printed Materials and the ID Images 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, the Printed Materials and the ID Images 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 Levels complies with this Agreement. You agree that you are receiving a copy of the Software, including the ID Images, and the Printed Material 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, the Printed Materials or your inclusion of any ID Images in the Levels. This section 5. shall survive the cancellation or termination of this Agreement. + 5. Intellectual Property Rights. The Software, including the ID Images, and all printed material accompanying the Software (the "Printed Materials") and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software, the Printed Materials and the ID Images 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, the Printed Materials and the ID Images 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 Levels complies with this Agreement. You agree that you are receiving a copy of the Software, including the ID Images, and the Printed Material 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, the Printed Materials or your inclusion of any ID Images in the Levels. This section 5. shall survive the cancellation or termination of this Agreement. 6. No ID 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, THE PRINTED MATERIALS AND THE ID IMAGES. 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. This section 6. shall survive the cancellation or termination of this Agreement. @@ -69,7 +69,7 @@ Australia 8. Venue and Liability Limitation. This Agreement shall be construed in accordance with and governed by the 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. Except as set forth below, exclusive venue for all litigation with regard to 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. Exclusive venue for all litigation involving Activision, but not involving ID, with regard to this Agreement shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles, California for any such litigation. IN ANY CASE, NEITHER ID, ACTIVISION, NOR ANY OF ID'S OR ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), 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, ACTIVISION OR THEIR RESPECTIVE AGENT(S) HAVE 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. This section 8. 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, the Printed Materials and ID Images appearing in the Levels as expressly stated and expressly limited and restricted in this Agreement, as provided in 48. C.F.R. 227.7202-1 through 227.7204. + 9. U.S. Government Restricted Rights. To the extent applicable, the United States Government shall only have those rights to use the Software, the Printed Materials and ID Images appearing in the Levels as expressly stated and expressly limited and restricted in this Agreement, as provided in 48. C.F.R. §§ 227.7202-1 through 227.7204. 10. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. ID 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 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 or Activision 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 or breach any term or condition of this Agreement, YOUR LICENSES AND THIS AGREEMENT ARE AUTOMATICALLY TERMINATED, WITHOUT NOTICE. In the event this Agreement is terminated, you shall have no right to use the Software, the Printed Materials or the Levels, in any manner, and you shall immediately destroy all copies of the Software, the Printed Materials and the Levels in your possession, custody or control. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT 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, ACTIVISION AND YOU, IF ANY, 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, ACTIVISION AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. |