254 lines
14 KiB
Plaintext
254 lines
14 KiB
Plaintext
LIMITED USE SOFTWARE LICENSE AGREEMENT
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This Limited Use Software License Agreement (this "Agreement") is a
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legal agreement between you, the end-user, and Id Software, Inc.
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("ID"). BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THE GAME
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PROGRAM ENTITLED WOLFENSTEIN™: ENEMY TERRITORY™ (THE
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"SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR
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COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR
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OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
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AGREEMENT. You agree that you are obtaining a copy of the Software
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via download only, and you acknowledge and agree that you shall not
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copy or retain the Software except as expressly permitted herein.
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1. Grant of License. Subject to the terms and provisions of this
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Agreement and so long as you fully comply at all times with this
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Agreement, ID grants to you the non-exclusive and limited right to
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use the Software only in executable or object code form. The term
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"Software" includes all elements of the Software, including, without
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limitation, data files and screen displays. You are not receiving
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any ownership or proprietary right, title or interest in or to the
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Software or the copyrights, trademarks or other rights related
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thereto. For purposes of the first sentence of this section, "use"
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means loading the Software into RAM and/or onto computer hard drive,
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as well as installation of the Software on a hard disk or other
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storage device, and means the uses permitted in sections 2 and 4
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hereinbelow. You agree that the Software will not be downloaded,
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shipped, transferred, exported or re-exported into any country or to
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a national or resident of any country in violation of the United
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States Export Administration Act (or any other law governing such
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matters) by you or anyone at your direction and that you will not
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utilize, and will not authorize anyone to utilize, in any other
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manner, the Software in violation of any applicable law. The
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Software shall not be downloaded or otherwise exported or re-exported
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into any country or to a national or resident of any country to which
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the United States has embargoed goods or to anyone or into any
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country who/that are prohibited, by applicable law, from receiving
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such property. In exercising your limited rights hereunder, you
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shall comply, at all times, with all applicable laws, regulations,
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ordinances and statutes. ID reserves all rights not granted in this
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Agreement, including, without limitation, all rights to ID's
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trademarks.
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2. Permitted New Creations. Subject to the terms and provisions of
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this Agreement and so long as you fully comply at all times with this
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Agreement, ID grants to you the non-exclusive and limited right to
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create for the Software (except any Software code) your own
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modifications (the "New Creations") that shall operate only with the
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Software (but not any demo, test or other version of the Software).
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You may include within the New Creations certain textures and other
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images (the "Software Images") from the Software. You shall not
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create any New Creations that infringe against any third-party right
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or that are libelous, defamatory, obscene, false, misleading, or
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otherwise illegal or unlawful. You agree that the New Creations will
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not be downloaded, shipped, transferred, exported or re-exported into
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any country or to a national or resident of any country in violation
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of the United States Export Administration Act (or any other law
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governing such matters) by you or anyone at your direction and that
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you will not utilize, and will not authorize anyone to utilize, in
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any other manner, the New Creations in violation of any applicable
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law. The New Creations shall not be downloaded or otherwise exported
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or re-exported into any country or to a national or resident of any
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country to which the United States has embargoed goods or to anyone
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or into any country who/that are prohibited, by applicable law, from
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receiving such property. You shall not rent, sell, lease, lend,
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offer on a pay-per-play basis or otherwise commercially exploit or
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commercially distribute the New Creations. You are permitted only to
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distribute, without any cost or charge, the New Creations to other
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end-users so long as such distribution is not infringing against any
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third-party right and is not otherwise illegal or unlawful. As noted
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below, in the event you commit any breach of this Agreement, your
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license and this Agreement automatically shall terminate, without
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notice.
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3. Prohibitions with Regard to the Software. You, whether directly
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or indirectly, shall not do any of the following acts:
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a. rent the Software;
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b. sell the Software;
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c. lease or lend the Software;
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d. offer the Software on a "pay-per-play" basis;
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e. distribute the Software by any means, except as permitted by
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section 4 hereinbelow;
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f. in any other manner and through any medium whatsoever commercially
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exploit the Software, or use the Software for any commercial purpose,
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including, without limitation, giving away copies of the Software for
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free to promote or market any other material;
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g. disassemble, reverse engineer, decompile, modify, except as
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permitted by section 2 hereinabove, or alter the Software;
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h. translate the Software;
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i. reproduce or copy the Software, except as permitted by section 4
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hereinbelow;
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j. publicly display the Software;
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k. prepare or develop derivative works based upon the Software; or
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l. modify, remove or alter this Agreement or any notices or other
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markings or legends, such as trademark or copyright notices, affixed
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on or within the Software.
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4. Permitted Distribution and Copying. So long as this Agreement
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accompanies each copy you make of the Software and so long as you
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fully comply at all times with this Agreement, ID grants to you the
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non-exclusive and limited right to: (i) copy the Software from the
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download onto your computer hard drive; (ii) copy the Software from
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your computer hard drive into your computer RAM; (iii) copy on one
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(1) hard disk one (1) "back up" or archival copy of the Software; and
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(iv) copy the Software and distribute such copies as standalone
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copies on physical media or in electronic format of the Software free
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of charge for non-commercial purposes and not in connection with any
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other material. You shall not distribute copies of the Software as
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mounted on or attached to the covers or any other part of magazines
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or other printed material. You shall not copy or distribute the
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Software in any manner that infringes against, misappropriates or
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otherwise violates any third-party right or that is libelous,
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defamatory, obscene, false, misleading, or otherwise illegal or
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unlawful. You shall not receive any postage, shipping, handling or
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other charge, payment, fee, or other consideration, including items
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in trade, in exchange for or in connection with copies of Software
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you may distribute, even if only for reimbursement. You shall not
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receive any value or consideration in exchange for or in connection
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with copies of the Software you may distribute. You shall not
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distribute the Software bundled, co-packaged or together with any
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material. You shall not distribute the Software in connection with
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the promotion or marketing of any material. Except as such are
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included by ID within copies of the Software that you are permitted
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to make under this Agreement, you shall not reproduce, depict,
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display or copy the title of the Software, the ID name or any screen
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display or other element or part of the Software. In exercising your
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limited rights hereunder, you shall comply, at all times, with all
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applicable laws, regulations, ordinances and statutes. ID reserves
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all rights not granted in this Agreement. You shall not commercially
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distribute the Software unless you first enter into a separate
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contract with ID, on terms and conditions determined in ID's sole
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discretion, and only upon your receipt of a written agreement
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executed by an authorized officer of ID.
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5. Intellectual Property Rights. The Software and all copyrights,
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trademarks and all other conceivable intellectual property rights
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related to the Software are owned by ID and are protected by United
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States copyright laws, international treaty provisions and all
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applicable law, such as the Lanham Act. You must treat the Software
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like any other copyrighted material, as required by 17 U.S.C. § 101
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et seq. and other applicable law. You agree to use your best
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efforts to see that any user of the Software licensed hereunder, or
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the New Creations, complies with this Agreement. You agree that you
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are receiving a copy of the Software by limited license only and not
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by sale and that the "first sale" doctrine of 17 U.S.C. § 109 does
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not apply to your receipt or use of the Software. This section shall
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survive the cancellation or termination of this Agreement.
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6. ID WARRANTIES. ID DISCLAIMS , AND ITS LICENSEE'S (INCLUDING,
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WITHOUT LIMITATION, ACTIVISION INC. AND ITS AFFILIATES) DISCLAIM,
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ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
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LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
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PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT
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TO THE SOFTWARE, THE SOFTWARE IMAGES AND OTHERWISE. THE SOFTWARE IS
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PROVIDED "AS IS" AND WITHOUT WARRANTY. ID DOES NOT (AND ITS
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LICENSEES DO NOT) WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE
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SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE
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WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL
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STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY
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ID (OR ANY ID LICENSEE) AND SHOULD NOT BE RELIED UPON. THIS
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SECTION SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS
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AGREEMENT.
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7. Governing Law, Venue, Indemnity and Liability Limitation. This
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Agreement shall be construed in accordance with and governed by the
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applicable laws of the State of Texas and applicable United States
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federal law. Exclusive venue for all litigation regarding this
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Agreement shall be in Dallas County, Texas, and you agree to submit
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to the jurisdiction of the federal and state courts in Dallas County,
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Texas, for any such litigation. You hereby agree to indemnify,
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defend and hold harmless ID and ID's officers, employees, directors,
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agents, licensees (excluding you), sub-licensees (excluding you),
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successors and assigns from and against all losses, lawsuits,
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damages, causes of action and claims relating to and/or arising from
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the New Creations or the distribution or other use of the New
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Creations or relating to and/or arising from your breach of this
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Agreement. You agree that your unauthorized use of the Software
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Images, or the Software, or any part thereof, immediately and
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irreparably will damage ID such that ID could not be compensated
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adequately solely by a monetary award, and upon such actual or
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threatened unauthorized use, at ID's option, that ID shall be
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entitled to an injunctive order, in addition to all other available
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remedies, including a monetary award, to prohibit such unauthorized
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use without the necessity of ID posting bond or other security. IN
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ANY CASE, ID, AND ID'S OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS,
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REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES
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(EXCLUDING YOU), SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY
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CLAIM BY ANY THIRD PARTY OR FOR ANY LOSS OF DATA, LOSS OF PROFITS,
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LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
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PUNITIVE DAMAGES OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM
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FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
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PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID OR ID'S
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REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH
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DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE. Some jurisdictions
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do not allow the exclusion or limitation of incidental or
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consequential damages, so the above limitation or exclusion may not
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apply to you. This section shall survive the cancellation or
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termination of this Agreement.
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8. United States Government Restricted Rights. To the extent
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applicable, the United States Government shall only have those rights
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to use the Software as expressly stated and expressly limited and
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restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201
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through 227.7204, inclusive.
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9. General Provisions. Neither this Agreement nor any part or
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portion hereof shall be assigned or sublicensed by you. ID may
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assign its rights under this Agreement in ID's sole discretion.
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Should any provision of this Agreement be held to be void, invalid,
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unenforceable or illegal by a court of competent jurisdiction, the
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validity and enforceability of the other provisions shall not be
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affected thereby. If any provision is determined to be unenforceable
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by a court of competent jurisdiction, you agree to a modification of
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such provision to provide for enforcement of the provision's intent,
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to the maximum extent permitted by applicable law. Failure of ID to
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enforce any provision of this Agreement shall not constitute or be
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construed as a waiver of such provision or of the right to enforce
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such provision. IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH OR
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BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE
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GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE,
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WITHOUT NOTICE, AND ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU
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THAT ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT.
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Immediately upon termination of this Agreement, any and all rights
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you are granted hereunder shall terminate, you shall have no right to
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use the Software or the New Creations, in any manner, and you
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immediately shall destroy all copies of the Software and the New
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Creations in your possession, custody or control, and all rights
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granted hereunder shall revert, without notice, to and be vested in
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ID.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
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THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOAD OR
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INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR
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BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR
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RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
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AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE
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AGREEMENTS, IF ANY, BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE
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AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES
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HERETO, RELATING TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT
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SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS,
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AND ANY OTHER COMMUNICATIONS, IF ANY, BETWEEN ID AND YOU RELATING TO
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THE SUBJECT MATTER OF THIS AGREEMENT.
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