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The Quake sources as originally release under the GPL license on December 21, 1999

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COMMERCIAL EXPLOITATION LICENSE AGREEMENT FOR QUAKE
This Commercial Exploitation License Agreement for QUAKE
(the "Agreement") is between Id Software, Inc., a Texas
Corporation, (hereinafter "Id Software") and Licensee (as described
on the signature page hereof) and is made effective beginning on
the date of last signature hereto (the "Effective Date").
R E C I T A L S
WHEREAS, Id Software is the owner and developer of the
computer software game entitled QUAKE;
WHEREAS, Id Software desires to license certain
non-exclusive rights regarding QUAKE to Licensee; and
WHEREAS, Licensee desires to receive a license for such
rights.
T E R M S A N D C O N D I T I O N S
NOW, THEREFORE, for and in consideration of the mutual
premises contained herein and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned parties do hereby agree as follows:
1. DEFINITIONS. As used in this Agreement, the parties
hereto agree the words set forth below shall have the specified
meanings:
a. "Authorized Copy" shall mean one (1) copy of the
Subject Game actually purchased by Licensee from an
Id Software approved retailer; and
b. "Subject Game" shall mean the full registered
version of QUAKE on a CD-ROM and shall not mean the
shareware or any other version.
2. GRANT OF RIGHTS. Id Software hereby grants to
Licensee and Licensee hereby accepts, subject to the provisions and
conditions hereof, a world-wide (except as otherwise provided
herein), non-exclusive, non-transferable, and non-assignable
license to:
a. publicly display an Authorized Copy in exchange for
rental payment;
b. run the Authorized Copy so that it will accept
network/modem connections in exchange for payments
from end-users who also must have actually purchased
an Authorized Copy; and
c. otherwise commercially exploit an Authorized Copy,
except that Licensee shall not copy, reproduce,
manufacture or distribute the Authorized Copy.
3. RESERVATION OF RIGHTS AND PROHIBITIONS. Id Software
expressly reserves all rights not granted herein. Under no
circumstances shall Licensee copy, reproduce, manufacture or
distribute (free of charge or otherwise) the Authorized Copy or the
Subject Game. Licensee shall not reverse engineer, decompile,
disassemble, modify or alter the Authorized Copy. Licensee is not
receiving any rights hereunder regarding the Trademark or any
artwork, sound, music or other element of the Subject Game.
4. OWNERSHIP. Title to and all ownership rights in and
to the Subject Game, and the QUAKE Trademark (the "Trademark") and
the copyrights, trademarks, patents and other intellectual property
rights related thereto shall remain with Id Software which shall have
the exclusive right to protect the same by copyright or otherwise.
Licensee shall have no ownership rights in or to the Subject Game or
the Trademark and Licensee shall not own any intellectual property
rights regarding the Authorized Copy, including, without limitation,
the copyright regarding the Authorized Copy. Licensee acknowledges
that it only has a limited license to use the Authorized Copy, as
specified in that certain QUAKE Enduser License contained within the
Authorized Copy and as specified in this Agreement.
5. TERM AND TERMINATION.
a. The term of this Agreement and the license granted
herein begins on the Effective Date and shall expire on a date one
(1) calendar year from the Effective Date.
b. Either party may terminate this Agreement, for any
reason or no reason, on thirty (30) days written notice to the
other party. Termination will be effective on the thirtieth (30th)
day following delivery of the described notice. Notwithstanding
anything to the contrary herein, this Agreement shall immediately
terminate, without the requirement of any notice from Id Software
to Licensee, upon the occurrence of any of the following: (a) if
Licensee shall file a petition in bankruptcy or make an assignment
for the benefit of creditors, or if any bankruptcy proceeding or
assignment for benefit of creditors, shall be commenced against
Licensee and not be dismissed within sixty (60) days after the date
of its commencement; (b) the insolvency of Licensee; (c) the
cessation by Licensee of its business; or (d) the cessation by
Licensee, without the prior written consent of Id Software of the
distribution, manufacture, and sale responsibilities embodied
herein. Further, Id Software may elect to terminate this Agreement
upon the occurrence of any of the following: (1) if Licensee's
business operations are interrupted for forty (40) consecutive
calendar days; or (2) if each of two Id Software audit inspections
during any eighteen (18) month period demonstrates an
understatement by Licensee of Royalty payments due Id Software for
the six (6) month period immediately preceding each such inspection
of five percent (5%) or more. Upon the occurrence of such
terminating event, and the election of Id Software, if necessary,
to cause such termination, this Agreement and any and all rights
thereunder shall terminate without prejudice to any rights or
claims Id Software may have, and all rights hereunder shall
thereupon terminate, revert to and be vested in Id Software.
6. EFFECT OF TERMINATION OR EXPIRATION. Termination or
expiration of this Agreement, either by Id Software or
automatically, shall not create any liability against Id Software.
Upon expiration or earlier termination of this Agreement, Licensee
shall have no further right to exercise the rights licensed
hereunder or otherwise acquired in relation to this Agreement.
7. INDEMNIFICATION. Licensee hereby agrees to
indemnify, hold harmless and defend Id Software and Id Software's
predecessors, successors, assigns, officers, directors,
shareholders, employees, agents, representatives, licensees,
sublicensees, distributors, attorneys and accountants
(collectively, the "Id Related Parties") from and against any and
all damages, claims, losses, causes of action, liabilities,
lawsuits, judgments and expenses (including, without limitation,
reasonable attorneys' fees and expenses) arising from, relating to
or in connection with a breach of this Agreement by Licensee and
arising from, relating to or in connection with the Licensee's use
or non-use of the Authorized Copy (collectively, the "Claims"). Id
Software agrees to notify Licensee of any such Claims within a
reasonable time after Id Software learns of same. Licensee, at its
own expense, shall defend Id Software and the Id Related Parties
from any and all Claims. Id Software and the Id Related Parties
reserve the right to participate in any defense of the Claims with
counsel of their choice, and at their own expense. In the event
Licensee fails to provide a defense, then Licensee shall be
responsible for paying the attorneys' fees and expenses incurred by
Id Software and the Id Related Parties regarding the defense of the
Claims. Id Software and the Id Related Parties, as applicable,
agree to reasonably assist in the defense of the Claims. No
settlement by Licensee of any Claims shall be valid unless Licensee
receives the prior written consent of Id Software and the Id
Related Parties, as applicable, to any such settlement.
8. CONFIDENTIALITY. It is understood and agreed that
any proprietary information of Id Software that may from time to
time be made available or become known to Licensee is to be treated
as confidential, is to be used solely in connection with Licensee's
performance under this Agreement, and is to be disclosed only to
employees of Licensee who have a need for access. Such proprietary
information shall include, but not be limited to, trade secrets,
release information, financial information, personnel information,
and the like. Reasonable measures shall be taken by Licensee to
protect the confidentiality of Id Software's proprietary
information and any memoranda or papers containing proprietary
information of Id Software's that Licensee may receive are to be
returned to Id Software upon request. Licensee's obligations and
duties under this paragraph shall survive expiration or earlier
termination of this Agreement. Licensee shall obtain from its
employees an undertaking in a form which may be supplied by Id
Software, and which is subject to Id Software's prior written
approval, not to use or disclose to any third party any information
or knowledge concerning the business of Id Software which may be
communicated to such employees.
9. LIMITATION OF LIABILITY. ID SOFTWARE EXPRESSLY
DISCLAIMS ALL WARRANTIES NOT PROVIDED BY ID SOFTWARE HEREUNDER.
UNDER NO CIRCUMSTANCES SHALL ID SOFTWARE BE LIABLE TO LICENSEE FOR
ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR
ANY OTHER DAMAGES, WHETHER OR NOT ID SOFTWARE RECEIVES NOTICE OF
ANY SUCH DAMAGES.
10. COMPLIANCE WITH APPLICABLE LAWS. In performing
under this Agreement, Licensee agrees to comply with all applicable
laws, [including, without limitation, 22 U.S.C., 2778 and 22
U.S.C. C.F.R. Parts 120-130 (1995)] regulations, ordinances and
statutes, including, but not limited to, the import/export laws and
regulations of the United States and its governmental and
regulatory agencies (including, without limitation, the Bureau of
Export Administration and the U.S. Department of Commerce) and all
applicable international treaties and laws. Further, Licensee
shall defend, indemnify and hold harmless Id Software from any and
all sales tax, tariffs and/or duties in connection with Licensee's
performance hereunder.
11. SPECIFIC UNDERTAKINGS BY LICENSEE. In addition to
the obligations of Licensee otherwise set forth in this Agreement,
during the term of this Agreement, and thereafter where specified,
Licensee agrees that:
a. It will not attack the title of Id Software to the
Subject Game or the Trademark and any copyright, patent or
trademark or other intellectual property right related thereto and
it will not attack the validity of the license granted hereunder
during the term hereof or thereafter; and
b. It will promptly inform Id Software of any
unauthorized use of the Authorized Copy, the Subject Game and the
Trademark and any portions thereof and reasonably assist Id
Software in the enforcement of any rights Id Software may have
against such unauthorized users.
12. FINANCIAL OBLIGATIONS AND ACCOUNTING.
a. Payment of Royalties. Licensee agrees to pay Id
Software a royalty ("Royalty") at the rate of twelve and one-half
percent (12.5%) of Net Income. The term "Net Income" shall mean
all revenue received by Licensee from the commercial use of the
Authorized Copy, less only Licensee's actual, documented costs
relating directly to such use. A Royalty shall only be due for
those months in which Licensee's gross revenue from QUAKE
distribution exceeds U.S. Five Thousand Dollars ($5,000.00) and in
such months Licensee shall pay a full Royalty on all revenue
received.
b. Rendition of Statements. Licensee shall account to
Id Software with regard to transactions hereunder within forty-five
(45) days following the conclusion of each calendar quarter.
Licensee hereby represents and warrants that such statements of
account to be prepared shall be true and correct. The accounts
shall show in summary form the appropriate calculations relating to
the computation of Royalties, if any. The statements shall also
show the gross revenue received by Licensee per month. The
Royalties payable to Id Software hereunder shall be remitted with
the particular statement indicating such amount to be due. All
statements hereunder shall be deemed rendered when deposited,
postage prepaid, in the United States mail, addressed to Id
Software at Id Software's address set forth on the signature page
hereof.
c. Books of Account and Audits. Licensee shall keep
books of account relating to the commercial use of the Authorized
Copy on the basis of generally accepted accounting principles and
shall maintain such books of account for a period of at least two
(2) years after the expiration or earlier termination of this
Agreement; provided, however, that Licensee shall not be required
to keep such records longer than seven (7) years from their date of
origination. Id Software may, upon reasonable notice and at its
own expense, audit the applicable records at Licensee's office, in
order to verify statements rendered hereunder. Any such audit
shall take place during reasonable business hours and in such
manner so as not to interfere with Licensee's normal business
activities. Id Software agrees that such information inspected
and/or copied on behalf of Id Software hereunder shall be used only
for the purpose of determining the accuracy of the statements, and
shall be revealed only to such officers, directors, employees,
agents and/or representatives of Id Software as necessary to verify
the accuracy of the statements. If in an audit of Licensee's books
and records it is determined that there is a short fall of ten
percent (10%) or more in Royalties reported for any calendar
quarter, in addition to payment of such short fall and interest as
may be due, as provided herein, Licensee shall reimburse Id
Software for the full out-of-pocket costs of the audit including
reasonable travel costs and expenses; provided, however, that the
amount of reimbursement paid by Licensee shall not exceed U.S.
Fifteen Thousand Dollars ($15,000.00) for any audit.
d. Payment of the Royalty. Licensee assumes all risks
associated with fluctuations in foreign currency exchange rates.
Licensee shall pay and agrees to pay all sums due Id Software in
United States Dollars. With respect to Royalties due for
commercial use outside the United States, other currencies shall be
exchanged at the expense of Licensee into United States Dollars
using the bid price quoted at the Citibank, N.A. of New York, New
York, for the purchase of United States Dollars at the close of
business on the last day of the calendar quarter during which any
amounts accrue. Payment of the Royalties shall be made in Dallas
County, Texas.
e. Interest. If Id Software does not receive the
applicable Royalty payment on or before the due date of such
payment, Licensee agrees to pay and shall pay interest on Royalties
owed to Id Software from such date as specified in the following
sentence at a rate per annum equal to the Index Rate. For purposes
of clarification, the interest will begin to accrue on the first
(1st) day following the due date of the Royalty payment, unless the
Royalty payment is paid timely. The "Index Rate" shall be the
prime rate as published in The Wall Street Journal's "Money Rates"
table. If multiple prime rates are quoted in the table, then the
highest prime rate will be the Index Rate. In the event that the
prime rate is no longer published in the "Money Rates" table, then
Id Software will choose a substitute Index Rate which is based upon
comparable information. The applicable interest rate will be
determined and take effect on the first day of each month.
NOTHING HEREIN SHALL BE CONSTRUED AS A REQUEST OR DEMAND BY
ID SOFTWARE OF INTEREST AT A RATE HIGHER THAN ALLOWED BY APPLICABLE
LAW. IT IS THE INTENT OF THE PARTIES HERETO THAT NO INTEREST BE
CHARGED HEREUNDER WHICH EXCEEDS THE MAXIMUM RATE ALLOWED BY
APPLICABLE LAW. IF THE RATE REFERENCED ABOVE EXCEEDS THE MAXIMUM
RATE ALLOWED BY APPLICABLE LAW, THEN THE INTEREST RATE MADE
APPLICABLE HEREIN SHALL BE THE MAXIMUM RATE ALLOWED BY APPLICABLE
LAW.
13. SUBLICENSE. Licensee shall not be entitled to
sublicense any of its rights under this Agreement.
14. GOODWILL. Licensee recognizes the great value of
the goodwill associated with the Subject Game and the Trademark,
and acknowledges that such goodwill, now existing and hereafter
created, exclusively belongs to Id Software and that the Trademark
has acquired a secondary meaning in the mind of the public.
15. REMEDIES. In the event of a breach of this
Agreement by Id Software, Licensee's sole remedy shall be to
terminate this Agreement. In the event of a breach by Licensee of
this Agreement, Id Software may pursue the remedies to which it is
entitled under applicable law, including, but not limited to,
termination of this Agreement. Licensee agrees that its failure to
comply with the terms of this Agreement upon expiration or earlier
termination hereof or Licensee's unauthorized use of the Authorized
Copy may result in immediate and irreparable damage to Id Software
for which there is no adequate remedy at law, and in the event of
such failure by Licensee, Id Software shall be entitled to
injunctive relief. Pursuit of any remedy by Id Software shall not
constitute a waiver of any other right or remedy of Id Software
under this Agreement or under applicable law. Termination of this
Agreement shall not be a pre-condition to Id Software pursuing its
other remedies for breach.
16. LICENSEE'S WARRANTIES. Licensee warrants and
represents that it has full legal rights to enter into this
Agreement and to perform its obligations hereunder and that it will
comply, at all times during the terms of this Agreement, with all
applicable laws, as set forth hereinabove.
17. BANKRUPTCY. If Licensee's liabilities exceed its
assets, or if Licensee becomes unable to pay its debts as they
become due or if Licensee files for voluntary bankruptcy, or is
placed in bankruptcy which is not dissolved or dismissed after
thirty (30) days from the petition filing date, or if Licensee
becomes insolvent, or makes an assignment for the benefit of its
creditors or an arrangement pursuant to any bankruptcy laws or if
Licensee discontinues its business or if a receiver is appointed
for its business, this Agreement shall automatically terminate,
without notice, and become null and void; provided, however, all
duties of Licensee upon termination or expiration of this Agreement
shall continue in full force and effect.
18. ENTIRE AGREEMENT AND ASSIGNMENT. This Agreement
constitutes the entire understanding between Licensee and Id
Software regarding the Subject Game. Each and every clause of this
Agreement is severable from the whole and shall survive unless the
entire Agreement is declared unenforceable. No prior or present
agreements or representations shall be binding upon any of the
parties hereto unless incorporated in this Agreement. No
modification or change in this Agreement shall be valid or binding
upon the parties unless in writing, executed by the parties to be
bound thereby. This Agreement shall bind and inure to the benefit
of Id Software, its successors and assigns, and Id Software may
assign its rights hereunder, in Id Software's sole discretion.
This Agreement is personal to Licensee, and Licensee shall not
sublicense, assign, transfer, convey nor franchise its rights
granted hereunder.
19. CHOICE OF LAW, VENUE AND SERVICE OF PROCESS. This
Agreement shall be construed in accordance with the laws of the
State of Texas and applicable U.S. federal law and all claims
and/or lawsuits in connection with this Agreement must be brought
in Dallas County, Texas. Licensee hereby agrees that service of
process by certified mail to the address set forth below, with
return receipt requested, shall constitute valid service of process
upon Licensee. If for any reason Licensee has moved or cannot be
validly served, then Licensee appoints the Secretary of State of
the state of Texas to accept service of process on Licensee's
behalf.
20. EXCUSED PERFORMANCE. Neither party shall be deemed
to be in default of any provision of this Agreement nor be liable
for any delay, failure in performance or interruption of service,
resulting directly or indirectly from acts of God, civil or
military authority, civil disturbance, military action, war,
strikes, other catastrophes or any other similar cause beyond its
reasonable control. Written notice to the non-affected party of any
such condition shall be given by the affected party within ten (10)
days of the event.
21. DELIVERY OF NOTICES, AND DELIVERY OF PAYMENTS.
Unless otherwise directed in writing by the parties, all notices
given hereunder and all payments made hereunder shall be sent to
the addresses set forth on the signature page hereof. All
notices, requests, consents and other communications under this
Agreement shall be in writing and shall be deemed to have been
delivered on the date personally delivered or on the date deposited
in the United States Postal Service, postage prepaid, by certified
mail, return receipt requested, or telegraphed and confirmed, or
delivered by electronic facsimile and confirmed. Any notice to Id
Software shall also be sent to its counsel: D. Wade Cloud, Jr.,
Hiersche, Martens, Hayward, Drakeley & Urbach, P.C., 15303 Dallas
Parkway, Suite 700, LB 17, Dallas, Texas 75248.
22. NO PARTNERSHIP, ETC. This Agreement does not
constitute and shall not be construed as constituting a partnership
or joint venture between Id Software and Licensee. Neither party
shall have any right to obligate or bind the other party in any
manner whatsoever, and nothing herein contained shall give, or is
intended to give, any rights of any kind to any third persons.
23. COUNTERPARTS. This Agreement may be executed in
several counterparts, each of which will be deemed to be an
original, and each of which alone and all of which together, shall
constitute one and the same instrument, but in making proof of this
Agreement it shall not be necessary to produce or account for each
copy of any counterpart other than the counterpart signed by the
party against whom this Agreement is to be enforced. This
Agreement may be transmitted by facsimile, and it is the intent of
the parties for the facsimile of any autograph printed by a
receiving facsimile machine to be an original signature and for the
facsimile and any complete photocopy of the Agreement to be deemed
an original counterpart.
24. MEDIATION. If a dispute arises out of or relates to
this Agreement, or a breach of this Agreement, and if the dispute
cannot be settled through direct discussion, then the parties agree
to endeavor to settle the dispute in an amicable manner by
mediation, under the applicable provisions of Section 154.00 et
seq., Texas Civil Practices and Remedies Code, as supplemented by
the rules of the Association of Attorney Mediators.
25. SURVIVAL. The following provisions shall survive
the expiration or earlier termination of this Agreement:
paragraphs 4., 7., 8., and the audit rights of Id Software in
paragraph 12.c.
26. MISCELLANEOUS.
a. All captions in this Agreement are intended solely
for the convenience of the parties, and none shall effect the
meaning or construction of any provision.
b. The terms and conditions of this Agreement have been
negotiated fully and freely among the parties. Accordingly, the
preparation of this Agreement by counsel for a given party will not
be material to the construction hereof, and the terms of this
Agreement shall not be strictly construed against such party.
By signing in the spaces provided below, the parties have
agreed to all of the terms and conditions set forth in this
Agreement.
AGREED:
LICENSEE:
Signed:_______________________________
Printed Name:_________________________
Title:________________________________
Address:______________________________
______________________________________
______________________________________
Telephone #: _________________________
Fax #:________________________________
E-Mail Address:_______________________
Date: ________________________________
AGREED:
ID SOFTWARE, INC.
Signed:_______________________________
Printed Name:_________________________
Title:________________________________
Address:______________________________
______________________________________
______________________________________
Telephone #: _________________________
Fax #:________________________________
E-Mail Address:_______________________
Date: ________________________________
June 10, 1996
COMMERCIAL EXPLOITATION LICENSE AGREEMENT FOR QUAKE
(DWC:dw:3406.0299:dwc\doc:5017)

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TECH SUPPORT
Any of the information listed below could change. Check the id software
Web Site, at www.idsoftware.com, for updates.
A. Tech Support Options
id Software does charge for technical support, but we strive to offer
this service at the lowest cost possible. Because volume on the support
lines dictate costs, we periodically adjust our rates for Voice Tech
Support. Check our web site for current pricing.
Paying for Voice or Automated Support
1 -- You can get Voice Support using a major credit card for a one-time
shot. The system asks for your credit card number and expiration date,
then pre-authorizes your credit card for the tech support call. You will
only be billed for the number of minutes actually used.
2 -- You can assign yourself a rechargeable PIN account. The system prompts
you for your credit card information, and assigns you a PIN account number.
You can use the PIN to access Voice Support, Automated Support and the
Game Hints Line. Once your account runs out, you can charge it up again.
3 -- You may also charge up a PIN account using the number 1 (900) call-2-id.
Then call back at 1(800)ID-GAMES (1(800)434-3627), and use your new PIN to
receive all the support and hints you wish.
4 -- id Software's Game Hints Line is accessible either using a PIN account
via 1 (800) ID-GAMES (see above), or by calling 1 (900) CALL2-ID, which
places the call on your phone bill.
1. Voice Support
Telephone -- 1 (800) id-games
Lines Open from 12 noon to 10pm Central Time, 7 Days a
week ($1.75 per minute). Closed some holidays
Please have the following information handy.
1. Game title and version number. (The version
number can be found on the end text screen.)
2. Your operating system, processor, processor
speed and amount of RAM.
3. If you are having a sound, video or modem
problem, we need to know the device brand name
and model.
2. Automated Support
Telephone -- 1 (800) id-games
Lines Open 24 hours a day, 365 days a year, or 366 days
in Leap years ($0.25 per minute)
Please have pencil and paper handy.
3. E-mail Support
Just send your e-mail to support@idsoftware.com
We will do our best to respond within 48 hours after
receiving your e-mail.
When sending e-mail, cut and paste the following into your
e-mail message and fill in the blanks:
Date:
Name:
Phone number:
E-mail address: (please include this, we redirect tons of mail)
Game Title:
Version #:
Operating system (eg., DOS 6.0 or Windows 95):
Computer type:
Processor type:
Processor speed:
Video card brand and model: (only if video problem)
Audio card brand and model: (only if audio problem)
Modem brand and model: (only if modem problem)
Network card brand and model: (only if netgame problem)
Network configuration (eg., NET.CFG file): (only if netgame problem)
Drivers, protocol stacks, and versions: (eg., lsl v2.14, exp16odi
v2.33, and ipxodi v3.01) (only if netgame problem)
If there were any error messages or fault information, report them
here:
Please state the problem you encountered:
Please state how to reproduce the problem:
4. Web Support
Found at www.idsoftware.com
Our web support pages provide the same information that's
available via Automated Support, except it's free!
5. News Sites
For information, FAQ, or announcements:
rec.games.computer.quake.announce
For editing and hecking Quake-related files:
rec.games.computer.quake.editing
For general Quake discussion:
rec.games.computer.quake.misc
6. Game Hints Line
Telephone -- 1 (800) id-games or 1 (900) call-2-id
Lines Open 24 hours a day, 365 days a year, or 366 days
in Leap years ($0.85 per minute)
You must be 18 years of age or have parental permission
to call 1 (900) call-2-id.
B. In Europe
The help lines in Europe are open 7:30am - 5:00pm GMT,
Monday - Friday.
English: +44 01923 209145
German: +44 (0)1923 209151
French: +44 (0)1923 209148
C. Problems
If you have an unfavorable experience using our services, please
send e-mail to 911@idsoftware.com. We would also like to hear
from you if you have something positive to share with us. Kindly
include your full name, address, phone number, and the problem
encountered or information you'd like to tell us about.

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Here is a brief explanation of all the legal mumbo jumbo contained in the
various license agreements that may or may not be part of this package.
(This document was designed to be a quick overview of our license terms.
You must refer to the full text of the license for a complete listing of
terms and conditions.)
QUAKE SHAREWARE END USER LICENSE (slicnse.txt) or
What You Can and Cannot Do With the Shareware Version of Quake.
CAN DO:
-- Play & Enjoy the single player game
-- Setup a shareware version based server on a not-for-profit basis
CANNOT DO:
-- Run the game with user developed levels.
-- You may not commercially exploit the shareware version in any way
This specifically excludes retail distribution of the shareware
version. Do not call or e-mail to ask if you can be a retail
distributor of the shareware version -- the answer is no!
-- Commercially exploit any id copyrighted and/or trademarked property.
Example: Game names, logos, graphics, etc.
QUAKE REGISTERED VERSION END USER LICENSE (rlicnse.txt) or
What You Can and Cannot Do With the Registered Version of Quake.
CAN DO:
-- Play & Enjoy the single player game
-- Setup a registered version based server on a not-for-profit basis
-- Develop new levels and/or level creation utilities.
-- Play the game and/or setup a Registered Version based server using
a user-developed level.
CANNOT DO:
-- Commercially exploit the Registered Version of Quake in any way;
see commercially exploitation license info below.
-- Commercially exploit any id copyrighted and/or trademarked
property.
Example: Game names, logos, game graphics, etc.
-- Sell user-developed levels and/or tools
COMMERCIAL EXPLOITATION LICENSE (comexp.txt -- accompanies Quake
registered version only)
If you are interested in trying to make money using the registered version
of Quake (this sort of thing is not allowed using the shareware version) you
must sign our easy-to-digest Commercial Exploitation License.
This is a royalty free license that allows you to run Quake for a profit
through a certain monthly gross profit range. If your Quake-related business
becomes successful the agreement brings id into the revenue stream.
Basic terms of the commercial exploitation license:
-- License grants a royalty free commercial exploitation right for the
registered version of Quake as a whole so long as Quake's monthly gross
revenue is below $5,000.00
-- License provides for a 12.5% royalty to be paid to id Software in months
where the licensee's Quake related monthly gross revenue is above $5,000.00
-- Royalty is based off net income. Net income is defined as Quake-related
gross income less Quake-related expenses.
-- License expressly prohibits commercial exploitation via the sale (retail
or otherwise) of the shareware or registered versions of Quake.
-- License expressly prohibits advertising/marketing use of our copyrighted
and/or trademarked properties.
To get into bed with us on this deal you must print two (2) copies of the
document named comexp.txt. (You should find comexp.txt somewhere on the
registered version CD.) Sign/fill in the blanks of both copies where
indicated and mail both to:
id Software
18601 LBJ #666
Mesquite, TX 75150
Attn: ComExp License
We will then countersign the documents and mail one back to you.
Two items worth noting here:
1. It is VERY IMPORTANT that the information you enter in the signature
block be legible. We prefer it if you enter the info into the blanks before
printing your two copies. If we cannot read your information we will not be
able to return the documents to you.
2. The terms of this document are not subject to negotiation. If you cannot
live with the terms spelled out in the agreement do not engage in any
commercial exploitation of Quake and do not sign the document.

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ORDERING INFO
To order the full version of Quake (or any other id Software
product) in North America, call our fulfillment center at 1-800-idgames
(1-800-434-3627). Except as noted by our operators, you can expect
Airborne Express afternoon delivery. The price for the full version
of Quake (available on PC CDROM only) is $45, plus $5 shipping, for a
total of $50. Our fulfillment center accepts Visa, Mastercard, and
American Express. You can also fax, mail, or email your order using
the attached forms. The fax number is (317) 361-3710 and the email
address is idsoftware@stream.com. To prepay and order with a check
by mail, send your check and the order form to:
id Software
P.O. Box 4500
Crawfordsville, IN 47933
To see an electronic catalog of our software, tshirts, hint books, and
other merchandise available, check out the Shopping Maul section of our
website at www.idsoftware.com.
INTERNATIONAL ORDERS
Quake is available worldwide as a full retail product. To find out
which local stores carry Quake and other id products, contact the
following international affiliates:
Europe Australia
GT Interactive Software Roadshow New Media
1712 583791 (U.K.) 1 902 962000
Taiwan Singapore
U.S. Summit Corporation Summit Co. (Singapore) Pte. Ltd.
706-0660 273-9988
Malaysia Honk Kong
Summit Co. (Malaysia) Sdn Bhd Tsun Tsun Trading Company
757-2244 571-4231
Thailand Israel/Jordan/Lebanon/Egypt
U.S. Summit Corp. (Overseas) Mirage Mulimedia
374-3956 972 3 510 5764
If you are in a territory that cannot access 1(800)idgames, and you
wish to order our products directly, you must place your order in
writing to the fax, mail, or email addresses listed above under
ORDERING INFO.
International phone orders will NOT be accepted. Unfortunately, due
to international shipping costs, all international orders are sent
out via US Mail. This means we cannot guarantee timeliness of delivery
due to customs and other delays inherent to international shipping
______________________________________________________________________
ORDER FORM -- USE THIS FORM TO FAX , MAIL OR EMAIL YOUR ORDER.
id Software Order Center Date ______________
PO BOX 4500 Phone: 1800 id games
Crawfordsville, IN 47933 Fax: (317) 361-3710
idsoftware@stream.com
Product List and Prices in U.S. Currency: (check items)
Quake (CD ROM only) $45 ____
The Ultimate DOOM (Mac version available – must specify) $25 ____
DOOM II (Mac version available – must specify) $40 ____
Master Levels for DOOM II (CD ROM only) $25 ____
Final DOOM (CD ROM only) $40 ____
DOOM Hint Book $15 ____
Original DOOM Tshirt (S,M.L.XL) $13 ____
The Ultimate DOOM Tshirt (XXL only) $13 ____
Final DOOM Tshirt $13 ____
Heretic:Shadow of the Serpent Riders (CD ROM only) $40 ____
Heretic Hint Book $15 ____
Hexen:Beyond Heretic (Mac version available – must specify) $40 ____
Hexen:Deathkings of the Dark Citadel (CD ROM only) $25 ____
Hexen Hint Book $15 ____
Hexen Tshirt (XXL only) $13 ____
Wolfenstein 3D (PC CD only) $20 ____
Commander Keen (3.5 disk only) $15 ____
Order total: $______
Name: Age (optional):
Form of payment (check, money order, or credit card):
Credit card number: Expiration Date:
Exact mailing address:______________________________________
_______________________________________
_______________________________________
_______________________________________
Phone: Fax: Email:
Shipping: US orders-$5.00 first product/$2.00 each additional
(allow 3-5 business days)
International shipping for prepaid orders are via US Mail, and
we cannot guarantee the time it will take to arrive.
*Prices subject to change

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Welcome to Quake!
This file details how to get Quake running on your system and what to do
if you have problems. We would like to thank Gandalf Technologies, Inc and
MPath Interactive for the use of their technology. We would also like to
thank Trent Reznor and Nine Inch Nails for their tremendous contributions
to Quake's entire audio portion.
The NIN logo is a Registered Trademark licensed to Nothing Interactive, Inc.
All Rights Reserved.
Quake System Requirements
-------------------------
IBM PC and Compatibles
Pentium processor or better
VGA Compatible Display or better
8MB RAM minimum, 16MB recommended (16 MB required for running under Win95)
CD-ROM drive Required
MS-DOS 5.0 or better or Windows 95 (does NOT run under Windows NT)
Hard Drive (30MB for Shareware, 80 MB for Registered)
*** IMPORTANT!: Quake requires a floating point processor.
Systems that do not have an FPU installed will not run Quake -- at all.
*** IMPORTANT Video Adapter Note! ***
On some ATI Mach32 cards, Quake can come up with a garbled video display.
This is due to a problem with the card in which 320x200 mode isn't
initialized correctly. Workarounds include:
1) If running from Windows, start Quake from an icon, or from a windowed
(not fullscreen) MS-DOS prompt. If Quake is already running and has
the garbled screen, press Alt-Enter twice to switch to the desktop and
back to fullscreen, and the screen will display properly.
2) If running from DOS, either put the line
vid_mode 1
in id1\autoexec.cfg, or, typing blind, press tilde ('~') to bring down
the console, type
vid_mode 1<enter>
and the screen will display properly.
========================================================================
Here are the text files included with the shareware release of Quake and
what they are:
README.TXT This file
TECHINFO.TXT Technical information on Quake's subsystems and
their advanced use.
MANUAL.TXT Text version of the printed game manual
LICINFO.TXT Info on the various license files included with Quake
SLICNSE.TXT Shareware Quake end-user license
ORDER.TXT How to order Quake
HELP.TXT How to get help with Quake
Here are the text files included with the registered version of Quake and
what they are:
README.TXT This file
TECHINFO.TXT Technical information on Quake's subsystems and
their advanced use.
MANUAL.TXT Text version of the printed game manual
LICINFO.TXT Info on the various license files included with Quake
RLICNSE.TXT Registered Quake end-user license
COMEXP.TXT Commercial exploitation agreement
ORDER.TXT How to order Quake
HELP.TXT How to get help with Quake
Running Quake
-------------
DOS: To launch Quake from the DOS Prompt, go to the Quake directory and
simply type "QUAKE" <ENTER>. (no quotes)
Windows 95: To launch Quake in single player mode, double click on the file
QUAKE.EXE From Windows Explorer. To run Quake in Multi-Player mode using
the TCP/IP protocol, first check your network settings to ensure the
protocol is installed, then double click on the Q95.BAT file to launch the
game. In this version (v0.91) there is a minor bug that will cause the
Q95.BAT file to exit the first time you run it, without running Quake.
Merely double-click on that file again and it will work.
Audio Setup
-----------
When using a Sound Card with Quake, there are a few setup steps which must
be taken. First, the "BLASTER" environment variable setting must be in your
autoexec.bat (or you can type it in manually from the MS-DOS command prompt).
Running the Sound Blaster utility diagnose.exe will automatically configure
your sound card and put this statement in your autoexec.bat file for you.
A typical blaster setting looks like this (although yours may vary):
SET BLASTER=A220 I5 D1 H5 P330 T6
If you want to play the audio track from the CD-ROM while playing Quake,
you must ensure that the audio cable from the CD-ROM is connected to the
sound card.
If you think your sound card is setup properly and it STILL doesn't work,
check to make sure that your BLASTER environment variable contains the
high DMA setting (H5 in the above example).
If you don't get sound while trying to play the audio track, check to see
if a small cable goes from the back of your CD-ROM player directly to your
sound card. If the CD-ROM audio cable is connected to your sound board (or
the motherboard in some cases) and you STILL don't hear CD Audio coming from
your speakers, make sure the MIXER program has the CD volume turned up.
You will also need to run the CD-ROM driver MSCDEX.EXE. Here is an example
of the files you should see (yours probably will vary) listed in your
CONFIG.SYS and AUTOEXEC.BAT (explanation is in parentheses):
CONFIG.SYS:
DEVICE=C:\PROSCSI\CDROM.SYS /D:PROCD01 (CD-ROM driver)
AUTOEXEC.BAT:
SET BLASTER=A220 I5 D1 H5 P330 T6 (sound environment variable setting)
C:\WINDOWS\COMMAND\MSCDEX.EXE /D:PROCD01 /L:D (CD-ROM driver)
===================================================
UltraSound MAX and UltraSound PnP Support for Quake
===================================================
Before running Quake, make sure that your sound card works and your
environment variables are set correctly.
Other UltraSound Cards (ACE & Classic)
--------------------------------------
These drivers are not for the UltraSound ACE or UltraSound Classic
sound cards. We have heard mixed reports that MegaEm or SBOS
have a chance of working with the UltraSound Classic but there is a
short sound F/X delay.
UltraSound PnP and PnP Pro
--------------------------
You must make sure that you do NOT have IWSBOS or MegaEm loaded.
Setup
-----
Quake will automatically detect that the UltraSound Max or PnP
are installed. It does this by looking at the SET INTERWAVE (PnP)
and SET ULTRA16 (Max) environment variables.
Quake will use the settings found on the SET ULTRASND/ULTRA16 (Max)
and in the IW.INI (PnP) file to determine what port settings to use.
Troubleshooting Windows 95 (DOS Box)
------------------------------------
We recommend that you restart your computer in MS-DOS Mode. DOS Box
may or may not work, so use at your own risk.
CD Audio Input
--------------
If you have not already enabled CD audio output by default you will
need to enable it. For the UltraSound MAX you can run "ULTRINIT -EC".
For the UltraSound PnP you will need to enable the CD audio output
in Win'95 and then restart your computer into MS-DOS.
===================================================
Mouse Setup
-----------
If you are going to use a mouse when playing Quake, you will need to load
your mouse driver. This should go in the AUTOEXEC.BAT file as well. Here
is an example:
C:\LOGITECH\MOUSE\MOUSE.EXE (mouse driver)
Booting Clean
-------------
If you are going to be running Quake with only 8 megabytes of RAM, it is best
to boot clean . You eliminate unwanted utilities or applications from taking
up valuable memory, without having to alter your regular AUTOEXEC.BAT and
CONFIG.SYS. Booting clean can be done in one of two ways. If you have
MS-DOS version 6.xx, booting clean is as simple a pressing the shift key
when you see the words "Starting MS-DOS". If you have MS-DOS ver 5.xx you
will need to make a system disk.
To make a boot disk, type the following from the MS-DOS command prompt:
FORMAT A: /S
1. Make sure that this is a disk you wish to erase.
2. This disk absolutely HAS to be formatted in the A: drive.
To use the system disk, place the disk in the A: drive and reset the
computer.
NOTE: If your sound card requires a driver to be loaded, or you will be
using a mouse, or you will be using Quake's CD audio feature, the system
disk will need to have a CONFIG.SYS and AUTOEXEC.BAT that load the
appropriate drivers.
Creating a Quake Shortcut
As an alternative to making a Boot Disk, Windows 95 users can create a
Quake Shortcut. By double clicking onthis shortcut, Windows 95 will reboot
in MS-DOS mode and install only the desired drivers, giving you the same
results as using a Boot Disk. To create a Quake Shortcut, do the following:
1. Using Explorer, right click and drag the file QUAKE.EXE, from the Quake
directory, to your desktop. Windows 95 will make an MS-DOS Icon titled
"Shortcut to quake".
2. Right click on the new icon, and from the menu that pops up, choose
"Properties". Then choose the "Program" tab at the top.
3. Now click on the "Advanced..." button near the bottom. The "Advanced
Program Settings" window should appear.
4. Select the "MS-DOS mode" check box and the "Specify a new MS-DOS
configuration" option button.
5. Now simply fill in the "CONFIG.SYS for MS-DOS mode:" and "AUTOEXEC.BAT
for MS-DOS mode:" boxes with the same sound, CD-ROM and mouse settings as
mentioned above in the Boot Disks section.
6. Click on "OK" when you are finished. If you wish, you can change your
Quake Shortcut Icon to something a little more exciting by clicking on
"Change Icon...".
7. To finish, click on "OK" again.
8. You can rename your Quake Shortcut by right clicking on the shortcut
icon, choosing "Rename" and typing in the new name.
======================================================
== Known Problems ==
======================================================
Problem: Zombies sometime get stuck on the ground and connot get back up.
(You can still hear them, but you cannot kill them. This bug makes it
impossible to get 100% kills on whatever level it occurs on.)
Solution: There is no workaround for this bug.
Problem: It is sometimes possible for the player to get stuck in a room or
in a wall.
Solution: If you get stuck, use the 'kill' console command. It is a good
idea to save your game often.
Problem: View centering problems. Sometimes during a game, the view will not
center properly. The end result is the player view looking up torwards the
ceiling while walking.
Solution: Exit to the next level or use the 'kill' console command..
======================================================
== Troubleshooting ==
======================================================
If Quake fails to start up, or has problems not addressed elsewhere in the
documentation, try the -safe command line switch, which disables a number
of parts of Quake that can be problems if there are hardware or configuration
problems. The -safe command line switch is equivalent to -stdvid, -nosound,
-nonet, and -nocdaudio together. Those four switches do the following:
-stdvid: disables VESA video modes.
-nosound: disables sound card support.
-nonet: disables network card support.
-nocdaudio: disables CD audio support.
If -safe makes the problem go away, try using each of the switches
individually to isolate the area in which you're experiencing the problem,
then either correct the configuration or hardware problem or play Quake with
that functionality disabled.
If you still have problems, try booting clean in conjunction with
the -safe command line parameter. For information on booting clean, refer
to the "Booting Clean" section above.
If you experience page faults while running Quarterdeck's QDPMI DPMI server,
this is caused by a bug in QDPMI. Workarounds: Remove QDPMI from CONFIG.SYS,
issue the command QDPMI OFF before running QUAKE, or get the update patch
for QDPMI from Quarterdeck. You may be running QDPMI without knowing it if
you have QEMM installed, because it can be installed as part of the QEMM
installation.
Technical Support
-----------------
If you are having trouble installing or running Quake you can receive
technical support by sending e-mailing to support@idsoftware.com. You can
also refer to our web page, www.idsoftware.com, or call 1-800-idgames.
When sending support e-mail, cut and paste the following into your e-mail
message and fill in the blanks:
Date:
Name:
Phone number:
E-mail address: (please include this, we redirect tons of mail)
Game Title:
Version #:
Operating system (i.e., DOS 6.0 or Windows 95):
Computer type:
BIOS date:
BIOS version:
Processor type:
Processor speed:
Do you program at school/work?
Do you provide tech. support at school/work?
Please state the problem you encountered:
Please state how to reproduce the problem:
If program crashed with nasty undecipherable techno-garbage, please
look for the eight-digit hex number which comes after "eip="
and write it down here:
** NOTE: If you are sending a bug report, PLEASE refer to the TECHINFO.TXT
file for the correct form and procedures.
======================================================
== Version History ==
======================================================
v1.01 -- Bugs fixed
------------------------------------------------------
* Fixed modem code
* Fixed fraglimit & timelimit
* Added NOEXIT cvar (so no one can exit a level)
------------------------------------------------------
v1.00 -- Bugs fixed
------------------------------------------------------
* Gravis Ultrasound audio support (still has bugs)
* More deathmatch start spots on E1M6 and END
* Print server version and PROG CRC on connect
* -dedicated starts start.map if nothing else specified
* fixed lookspring function during net game
* fixed rare crash during long running dedicated server
------------------------------------------------------
v0.94 -- Bugs fixed / Features added -- LIMITED BETA VERSION
------------------------------------------------------
* Totally rewritten menus
* New lighting model with overbrighting
* Parsed lowercase BLASTER parms
* Better Sound Blaster shutdown code
* Rewrote BLASTER initialization
* Fixed DMA channel 0 bugs
* Added SBPro 8 stereo setup
* Fix delayed sound on 8 bit Sound Blasters
* Fixed speed key affecting angle-turning from keyboard
* Fixed "no such Alias frame" bugs
* Fixed Zombie not getting up bug
* Checked for very high joystick values, signalling a failed read
* Unstuck jumping Fiends and Spawn
* Fixed large BModels blinking out in complex areas
* Fixed s_localsound with no sound started
* Saved spawn parms in savegame
* Fixed screenshot save location
* Bind with no arguments no longer clears value
* Allow console in intermission / finale
* Fixed false gib messages
* Full-screen TAB scoreboard in DeathMatch
* Fixed "+playdemo <demo>" from command line
* Trapped overflow in sizebuf messages
* Moveup / movedown in water!
* Fixed-up Talk command
* Added unsupported crosshair option ("crosshair 1" from console)
* Colored chat messages with notify sound
* Fixed "connect during intermission" bug
* Changelevel while demos running no longer crashes
* Fixed changelevel with no map left up loading screen
* Fixed long names entered from the console causing crash
* Stopped demos changing while in the menus
* Fixed modem initialization from menu
* Fixed serial reliable stream getting stalled
* Serial/modem code fixes
16550a lost transmit buffer empty interrupts
fixed sometimes processing interrupts from com1 when using com2
added com3/com4 support from menus
fixed first character of modem init not getting sent
saved serial/modem settings in config.cfg
* Fixed name and colors not always sent to server at startup
* Fixed "stopdemo" crashing the system when there wasn't a demo playing
* Added server's TCP/IP and IPX addresses (if available) to status command
* In 0.92, an additional check for a usable VESA video mode was added;
the numpages field was verified to be greater than 0, and no mode was
supported that had numpages set to 0 (which indicates that there's not
enough video memory for that mode). ATI's VESA driver, m64vbe,
reports 0 for numpages, so VESA video modes that were available in 0.91
were no longer available in 0.92. This extra numpages check has
been removed.
-----------------------------------------------------------------------
v0.93 -- Never officially released; internal testing only.
-----------------------------------------------------------------------
v0.92 -- Bugs fixed
-----------------------------------------------------------------------
Typing long strings in the hostname or modem init field in the menus caused
crashes.
Under Win95 IPX was detected but not functional, resulting in the game
exiting to DOS.
If -nosound, got "S_LocalSound: can't cache" on every keypress in the menu.
When vid_nopageflip was set to 1 in VESA modes, going underwater resulted in
only the upper left corner of the drawing area being updated.
The single player scoreboard (tab) printed text incorrectly in all modes
greater than 320 pixels wide.
On network connections that dropped packets, the reliable message stream
could get stopped up, resulting in frag counts and talk messages no longer
being delivered, although game movement continued.
The com port settings from the menu were getting saved & restored but
not used.
Direct serial connections did not work with slist.
Quake now checks the vesa information for hardware incabable of page-flipping.
Menu sound sometimes didn't play.
Q95 (qlaunch.exe) frequently failed to execute on the first attempt.
Q95 (quakeudp.dll) was running out of buffers when running a server.
Teams were not being set according to pants colors.
Joystick notes
--------------
Your joystick must be plugged in when Quake is launched.
If you have a joystick plugged in, but don't want to use it in Quake
(it slows the game down a few percent), or you have weird hardware that
doesn't like being tested as a joystick add "-nojoy" to your Quake
command line.
You can turn off joystick reading during the game by typing "joystick 0" at
the Quake command console.
You MUST configure your buttons from the configure keys menu before they will
work. There is no default configuration.
If your joystick or interface card improperly sets the third or fourth
joystick buttons, type "joybuttons 2" at the quake console or in your
.CFG file.
The "mlook" button command now lets the joystick as well as the mouse control
pitch angles.
The "sidestep" buttom command works on joysticks as with mice and keyboard
movement.
The "invert mouse up/down" menu option also inverts the joystick pitch
direction.

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REGISTERED VERSION: QUAKE
LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the
"Agreement") is a legal agreement between you, the end-user, and Id
Software, Inc. ("ID"). By continuing the installation of this game
program, by loading or running the game, or by placing or copying
the game program onto your computer hard drive, you are agreeing to
be bound by the terms of this Agreement. If you do not agree to
the terms of this Agreement, promptly return the game program and
the accompanying items (including all written materials), along
with your receipt to the place from where you obtained them for a
full refund.
ID SOFTWARE LICENSE
1. Grant of License. ID grants to you the limited
right to use one (1) copy of the enclosed or foregoing game program
(the "Software") on a single computer. You have no ownership or
proprietary rights in or to the Software or the written materials
accompanying the Software. For purposes of this section, "use"
means loading the Software into RAM, as well as installation on a
hard disk or other storage device. You may create a map editor,
modify maps and make your own maps (collectively referenced as the
"Permitted Derivative Works") for the Software. Permitted
Derivative Works may not be sold, whether by you or by any other
person or entity, but you may exchange the Permitted Derivative
Works at no charge amongst other end-users. The Software, together
with any archive copy thereof, shall be either returned to ID or
destroyed when no longer used in accordance with this Agreement, or
when the right to use the Software is terminated. 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) and that you will not utilize, in
any other manner, the Software in violation of any applicable law.
2. Commercial Use is Prohibited. Except as provided in
paragraph 5. hereinbelow in regard to the Software, under no
circumstances shall you, the end-user, be permitted, allowed or
authorized to commercially exploit the Software, any data
comprising the Software. Neither you nor anyone at your direction
shall do any of the following acts (any such acts shall be deemed
void and a breach of this Agreement) with regard to the Software,
or any portion thereof, such as a screen display or a screenshot:
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, by electronic means or otherwise, the
Software for money or any other consideration; or
f. In any other manner and through any medium
whatsoever commercially exploit the Software or use
the Software for any commercial purpose.
3. Additional Prohibited Uses. Neither you nor anyone
at your direction shall take the following action in regard to the
Software, or any portion thereof, such as a screen display or a
screenshot:
a. Modify, disassemble, reverse engineer or decompile
the Software;
b. Translate the Software;
c. Reproduce the Software;
d. Publicly display the Software;
e. Prepare derivative works based upon the Software
(except Permitted Derivative Works); or
f. Distribute, by electronic means or otherwise, the
Software.
4. Use of Other Material is Prohibited. Use, in any manner, of
the trademarks, such as Quake(tm) and the NIN(r) logo, logos, symbols,
art work, images, screen displays or screenshots, sound effects, music,
and other such material contained within, generated by or relating to
the Software is prohibited.
5. To Receive Permission to Commercially Exploit. If
you desire to commercially exploit the Software, you may execute
the Commercial Exploitation License Agreement for QUAKE (the
"License") contained within the QUAKE install package and forward
the original License to Id Software at the address noted therein.
Please note that ID may refuse your request and not sign the
License in ID's sole discretion.
6. Restrictions Apply to Third Parties. The
prohibitions and restrictions described herein apply to anyone in
possession of the Software and/or Permitted Derivative Works.
7. Copyright. The Software and all copyrights related
thereto (including all characters and other images generated by the
Software or depicted in the Software) is owned by ID and is protected
by United States copyright laws and international treaty provisions.
You must treat the Software like any other copyrighted material,
except that you may either (a) make one copy of the Software solely
for back-up or archival purposes, or (b) transfer the Software to a
single hard disk provided you keep the original solely for back-up or
archival purposes. You may not otherwise reproduce, copy or disclose
to others, in whole or in any part, the Software. You may not copy
the written materials accompanying the Software. The same
restrictions and prohibitions regarding your use of the Software as
provided in this Agreement apply to your use of the written materials
accompanying the Software. The written materials are owned by ID and
are protected by United States copyright laws and international
treaties. You agree to use your best efforts to see that any user of
the Software licensed hereunder complies with this Agreement.
8. Limited Warranty. ID warrants that if properly
installed and operated on a computer for which it is designed, the
Software will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days
from the date of purchase of the Software. ID's entire liability
and your exclusive remedy shall be, at ID's option, either (a)
return of the price paid or (b) repair or replacement of the
Software that does not meet ID's Limited Warranty. To make a
warranty claim, return the Software to the point of purchase,
accompanied by proof of purchase, your name, your address, and a
statement of defect, or return the Software with the above
information to ID. This Limited Warranty is void if failure of the
Software has resulted in whole or in part from accident, abuse,
misapplication or violation of this Agreement. Any replacement
Software will be warranted for the remainder of the original
warranty period or thirty (30) days from your receipt of the
replacement software, whichever is longer. This warranty allocates
risks of product failure between Licensee and ID. ID's product
pricing reflects this allocation of risk and the limitations of
liability contained in this warranty.
9. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER
WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN
MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. ID DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S
SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF
ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS,
EMPLOYEES, DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO
MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON
BEHALF OF ID. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE
WARRANTIES BY ID AND SHOULD NOT BE RELIED UPON.
10. Exclusive Remedies. You agree that your exclusive
remedy against ID, its affiliates, contractors, suppliers, and
agents for loss or damage caused by any defect or failure in the
Software regardless of the form of action, whether in contract,
tort, including negligence, strict liability or otherwise, shall be
the return of the purchase price paid or replacement of the
Software. This Agreement shall be construed in accordance with and
governed by the laws of the State of Texas. Copyright and other
proprietary matters will be governed by United States laws and
international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR
LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL
THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR 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.
11. General Provisions. Neither this Agreement nor any
part or portion hereof shall be assigned, sublicensed or otherwise
transferred by you. 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 a party 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 terms of this Agreement,
YOUR LICENSE IS AUTOMATICALLY TERMINATED.
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, YOU
AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. 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. 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.
June 21, 1996
REGISTERED VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT Page 4
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SHAREWARE VERSION: QUAKE
LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the "Agreement") is a
legal agreement between you, the end-user, and id Software, Inc.
("ID"). By continuing the installation of this game program, by
loading or running the game, or by placing or copying the game
program onto your computer hard drive, you are agreeing to be bound
by the terms of this Agreement.
ID SOFTWARE LICENSE
1. Grant of License. ID grants to you the limited right to use
one (1) copy of the enclosed or foregoing Id Software game program
(the "Software"), which is the shareware version or episode one of
the game program. For purposes of this section, "use" means loading
the Software into RAM, as well as installation 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) and that you will not utilize, in any other manner, the
Software in violation of any applicable law.
2. Commercial Use is Prohibited. Under no circumstances shall
you, the end-user, be permitted, allowed or authorized to
commercially exploit the Software, or any portion thereof, such
as a screen display or a screenshot. Neither you nor anyone at your
direction shall 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 for money or any other
consideration; or
f. In any other manner and through any medium
whatsoever commercially exploit the Software or use
the Software for any commercial purpose.
3. Additional Prohibited Uses. Neither you, nor anyone at your
direction, shall take the following action in regard to the
Software, or any portion thereof, such as a screen display or
a screenshot:
a. Modify, disassemble, reverse engineer or decompile
the Software;
b. Translate the Software;
c. Reproduce the Software;
d. Publicly display the Software; or
e. Prepare derivative works based upon the Software.
4. Use of Other Material is Prohibited. Use, in any manner, of
the trademarks, such as Quake(tm) and the NIN(r) logo, logos, symbols,
art work, images, screen displays or screenshots, sound effects, music,
and other such material contained within, generated by or relating to
the Software is prohibited.
5. Restrictions Apply to Third Parties. The prohibitions and
restrictions described herein apply to anyone in possession of
the Software.
6. Permitted Distribution. So long as this Agreement
accompanies the Software at all times, ID grants to Providers the
limited right to distribute, free of charge, except normal access
fees, and by electronic means only, the Software; provided, however,
the Software must be so electronically distributed only in a
compressed format. The term "Providers," as used in the foregoing
sentence, shall mean persons whose business it is to provide
services on the Internet, on commercial online networks, or on the
BBS. Anyone who receives the Software from a Provider shall be
limited to all the terms and conditions of this Agreement. Further,
ID grants to you, the end-user, the limited right to distribute,
free of charge only, the Software as a whole.
7. Copyright. The Software is owned by ID and is protected by
United States copyright laws and international treaty provisions.
You must treat the Software like any other copyrighted material,
except that you may make copies of the Software to give to other
persons. You may not charge or receive any consideration from any
other person for the receipt or use of the Software. You agree to
use your best efforts to see that any user of the Software licensed
hereunder complies with this Agreement.
8. Limited Warranty. ID warrants that if properly installed and
operated on a computer for which it is designed, the Software will
perform substantially in accordance with its designed purpose for a
period of ninety (90) days from the date the Software is first
obtained by an end-user. ID's entire liability and your exclusive
remedy shall be, at ID's option, either (a) return of the retail
price paid, if any, or (b) repair or replacement of the Software
that does not meet ID's Limited Warranty. To make a warranty claim,
return the Software to the point of purchase, accompanied by proof
of purchase, your name, your address, and a statement of defect, or
return the Software with the above information to ID. This Limited
Warranty is void if failure of the Software has resulted in whole
or in part from accident, abuse, misapplication or violation of this
Agreement. Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30) days,
whichever is longer. This warranty allocates risks of product
failure between Licensee and ID. ID's product pricing reflects this
allocation of risk and the limitations of liability contained in
this warranty.
9. NO OTHER WARRANTIES. ID DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A pARTICULAR PURPOSE
WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS,
IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. ID
DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS.
THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS
WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE
MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF
OF ID. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES
BY ID AND SHOULD NOT BE RELIED UPON.
10. Exclusive Remedies. You agree that your exclusive remedy
against ID, its affiliates, contractors, suppliers, and agents for
loss or damage caused by any defect or failure in the Software
regardless of the form of action, whether in contract,tort,
including negligence, strict liability or otherwise, shall be the
return of the retail purchase price paid, if any, or replacement of
the Software. This Agreement shall be construed in accordance with
and governed by the laws of the State of Texas. Copyright and other
proprietary matters will be governed by United States laws and
international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS
OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH
OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY
EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR 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.
11. General Provisions. Neither this Agreement nor any part or
portion hereof shall be assigned or sublicensed, except as described
herein. 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 a party 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 terms
of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
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, YOU AGREE TO
BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. 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. 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.
June 21, 1996
SHAREWARE VERSION: QUAKE LIMITED USE SOFTWARE LICENSE AGREEMENT
(DWC:dw:3406.0024:DWC\doc:1163)

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