DOOM-COLLECTORS-EDITION
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") and Activision, Inc. ("Activision"). BY CONTINUING THE
INSTALLATION OF THE FULL VERSION GAME PROGRAM ENTITLED DOOM COLLECTOR'S EDITION (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 for Software. 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 in executable or object code form. The term "Software" includes
all elements of the Software such as data files, images appearing in the Software, 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
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 any one 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 exported or re-exported into (or to a
national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any
country who/which are prohibited, by applicable law, from receiving such property.
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") which shall operate only with the Software (but not any demo, test or other version of
the Software). ID reserves all rights not granted in this Agreement, including, without
limitation, all rights to ID's trademarks. You may include within the New Creations certain
textures and other images (the "ID Images") from the Software. You shall not create any New
Creations which infringe against any third party right or which are libelous, defamatory, obscene,
false, misleading, or otherwise illegal or unlawful. You agree that the New Creations will not be
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 New Creations in
violation of any applicable law. The New Creations shall not be downloaded or otherwise exported
or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed
goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving
such property. 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 only permitted to
distribute, without any cost or charge, the New Creations to other end-users so long as such
distribution is not infringing against any third party right and is not otherwise illegal or
unlawful. As noted below, in the event you commit any breach of this Agreement, your license and
this Agreement shall automatically terminate, without notice. You hereby agree to indemnify,
defend and hold harmless ID and Activision and ID's and Activision's respective officers,
employees, directors, agents, licensees (excluding you), sub-licensees (excluding you), successors
and assigns from and against all losses, lawsuits, damages, causes of action and claims relating to
and/or 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. Your obligations set forth in the
immediately preceding sentence shall survive the cancellation or termination of this Agreement.
3. Prohibitions with Regard to Software. You, whether directly or indirectly, shall not do any of
the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. distribute the Software by any means, including, but not limited to, Internet or other
electronic distribution, direct mail, retail, mail order or other means;
f. in any other manner and through any medium whatsoever commercially exploit the Software or use
the Software for any commercial purpose;
g. disassemble, reverse engineer, decompile, modify (except as permitted by section 2. hereinabove)
or alter the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section 4. hereinbelow);
j. publicly display the Software; or
k. prepare or develop derivative works based upon the Software.
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. Certain printed materials (the "Printed Materials") accompany the
Software. The Software and the Printed Materials and all copyrights, trademarks and all other
conceivable intellectual property rights related to the Software and the Printed Materials 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 and the Printed Materials
like any other copyrighted material, as required by 17 U.S.C., §101 et seq. and other applicable
law. You agree to use your best efforts to see that any user of the Software licensed hereunder,
the Printed Materials or the New Creations complies with this Agreement. You agree that you are
receiving a copy of the Software and the Printed Materials by license only and not by sale and that
the "first sale" doctrine of 17 U.S.C. §109 does not apply to your receipt or use of the
Software or the Printed Materials. This section 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 AND ANY WARRANTY OF
NON-INFRINGEMENT, 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, 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.
7. Limited Activision Warranty. Activision warrants to the original consumer purchaser of the
Software that the recording medium on which the Software is recorded will be free from defects in
material and workmanship for 90 days from the date of purchase. If the recording medium is found
defective within 90 days of original purchase, Activision agrees to replace, free of charge, any
Software discovered to be defective within such period upon its receipt of the Software, postage
paid, with the proof of the date of purchase, as long as the Software is still being manufactured
by Activision. In the event that the Software is no longer available, Activision retains the right
to substitute a similar game program of equal or greater value. This warranty is limited to the
recording medium containing the Software as originally provided by Activision and is not applicable
to normal wear and tear. This warranty shall not be applicable and shall be void if the
defect has arisen through abuse, mistreatment or neglect.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR
WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON
OR OBLIGATE ACTIVISION.
When returning the Software for warranty replacement, the original Software disks must be sent only
in a protective packaging and include: (1) photocopy of your dated sales receipt; (2) your name
and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s)
you are encountering and the system on which you are running the Software; (4) if you are returning
the Software after the 90-day warranty period, but within one year after the date of purchase,
please include check or money order for $10 U.S. (A$17 for Australia, or £10.00 for Europe)
currency per CD or floppy disk replacement. Note: Certified mail recommend.
In the U.S. send to
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, CA 90067
In Europe send to:
WARRANTY REPLACEMENTS
ACTIVISION (UK) Ltd.
Parliament House
St Laurence Way
Slough, Berkshire
SL1 2BW
United Kingdom
Disc Replacement: + (44) 1753 756 189
In Australia and Asia Pacific territories send to:
Warranty Replacements
Activision
Century Plaza
41 Rawson Street
Epping, NSW 2121
Australia
8. 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 applicable United States laws and
international treaties. Except as set forth below, exclusive venue for all litigation regarding
this Agreement shall be in Dallas County, Texas and you agree to submit to the jurisdiction of the
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. You agree that your unauthorized use of the ID Images, the Printed Materials,
or the Software, or any part thereof, may immediately and irreparably damage ID such that ID
could not be adequately compensated solely by a monetary award and that at ID's option ID shall be
entitled to an injunctive order, in addition to all other available remedies including a monetary
award, appropriately restraining and/or prohibiting such unauthorized use without the necessity of
ID posting bond or other security.
IN ANY CASE, ID, ACTIVISION, AND ID'S AND ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS,
AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL NOT BE
LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR 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 and the Printed Materials as expressly stated and
expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through
227.7204, inclusive.
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 of competent jurisdiction, the validity and
enforceability of the other provisions shall not be affected thereby. If any provision is
determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of
such provision to provide for enforcement of the provision's intent, to the extent permitted by
applicable law. Failure of ID 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.
Immediately upon your failure to comply with or breach of any term or provision of this Agreement,
YOUR LICENSE AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID AND
ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER APPLICABLE LAW
AND/OR THIS AGREEMENT. In the event this Agreement is terminated, you shall have no right to use
the Software, the Printed Materials or the New Creations, in any manner, and you shall immediately
destroy all copies of the Software, the Printed Materials and the New Creations in your possession,
custody or control.
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.
