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-
- qED END USER LICENSE AGREEMENT
-
- PLEASE READ THE FOLLOWING SINGLE-USER LICENSE
- AGREEMENT CAREFULLY BEFORE USING "qED". THIS IS
- A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND
- BARENTZ, LTD. BY INSTALLING AND/OR USING "qED",
- YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
- AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS,
- DO NOT INSTALL AND/OR USE "qED". THIS PRODUCT
- REQUIRES A REGISTERED VERSION OF QUAKE TO OPERATE
- PROPERLY. IT WILL NOT OPERATE PROPERLY WITH THE
- SHAREWARE/LIMITED VERSION OF QUAKE.
-
- Article 1 -- Grant Of License:
-
- Barentz, Ltd. ("Barentz") grants you a non-
- exclusive license to use "qED" subject to the
- terms of this Agreement. For the purposes
- herein, "qED" shall constitute all component
- parts that are distributed with "qED" including
- all program files, texture libraries and
- documentation (hereinafter "Software"). In
- addition, any and all files CREATED or MODIFIED
- by "qED" (including, but not limited to files
- such as *.QED, *.MAP, *.BSP, *.QBT, *.QET and
- *.QGP) will automatically become part of the
- licensed Software and subject to the terms and
- provisions of this Agreement. The Software is
- licensed as a single product. Its component
- parts may not be separated or distributed EXCEPT
- AS EXPRESSLY PROVIDED IN THIS AGREEMENT. The
- Software is solely for your own personal use, on
- one computer at one time. You may use this
- Software on a different computer, but it may not
- be used on two or more computers at the same
- time. You may make a working copy of the
- Software and a backup copy for archival purposes
- only.
-
- Article 2 -- Restrictions On Use:
-
- . You may use and distribute FREE-OF-CHARGE the
- certain component files that are used by the
- Software to create and compile a level. These
- files are: *.QED, *.QBT, *.QET and *.QGP. You
- may also use and distribute FREE-OF-CHARGE
- level files that have been output by the
- Software (*.MAP and *.BSP). You may NOT
- distribute any other files, including, but not
- limited to, any texture (*.WAD) files that are
- provided with the Software.
-
- . You may NOT use the Software to create
- Derivative Works. For the purposes herein,
- "Derivative Works" shall mean any "*.MAP" or
- "*.BSP" files, which were originally created
- by the Software from a "*.QED" source file,
- that you intend to sell, or distribute in some
- manner OTHER than FREE-OF-CHARGE. If you wish
- to create Derivative Works, please contact
- Barentz about a "Commercial Exploitation
- Agreement".
-
- . With the exception of *.QBT, *.QET and *.QGP
- files, whose file structure has already been
- published or made available to the general
- public, you may not reverse engineer,
- translate, port, modify, decompile, or
- disassemble the Software. Furthermore, you
- shall not derive or attempt to derive the
- source code, source files or structure of all
- or any portion of the Software by reverse
- engineering, disassembly, decompilation or by
- any other means EXCEPT those files listed
- herein whose file structure has already been
- published or made available to the general
- public.
-
- . You may not rent, publish, sell, lease,
- sublicense or market the Software or use it in
- any manner not expressly authorized by this
- Agreement.
-
- . You may transfer the Software and accompanying
- written materials on a permanent basis
- provided you retain no copies and the
- recipient agrees to the terms of this
- Agreement.
-
- . You shall not use the Software to operate a
- service bureau or for any other use involving
- the processing of data of any other persons or
- entities.
-
- . You may not alter or remove any copyright
- notices or proprietary legends contained in,
- or on, the Software.
-
- Article 3 -- Ownership, Copyrights & Trademarks:
-
- Barentz is the exclusive licensee of the
- Software, which was created by Barentz's
- licensors, Matthew Tagliaferri and Worldwide
- MicroTronics, Inc. (collectively, the "Copyright
- Owners"). Barentz and Copyright Owners shall
- retain all ownership rights in the Software. The
- Software is protected by United States Copyright
- law and also by International Treaty provisions.
- Any use of the Software in violation of these
- laws shall constitute a termination of this
- Agreement and can result in prosecution. The
- Software is Copyright (c) 1996-97 by Matthew
- Tagliaferri. Portions of the Software are
- Copyright (c) 1996-97 by Worldwide MicroTronics
- Inc. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE
- COPYRIGHT LAWS OF THE UNITED STATES AND
- INTERNATIONAL TREATY PROVISIONS. "qED" is a
- trademark of Matthew Tagliaferri.
-
- Article 4 -- Term:
-
- This license is effective until terminated. You
- may terminate it at any time by destroying the
- Software together with all copies and
- modifications in any form. This License also
- terminates if you fail to comply with the terms
- and conditions of this Agreement.
-
- Article 5 -- No Warranty:
-
- BARENTZ MAKES AND USER RECEIVES NO WARRANTY,
- WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES
- OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
- PURPOSE ARE EXPRESSLY EXCLUDED. The Software is
- provided to you on an "AS IS" and "WITH ALL
- FAULTS" basis. You assume the entire risk of
- loss in using the Software. The Software is
- complex and contains non-conformities, defects
- and errors. Barentz does not warrant that the
- Software will meet your needs or expectations
- (whether due to hardware related capabilities or
- otherwise) or that operation of the Software will
- be error-free or uninterrupted, or that any non-
- conformity, defect or error can or will be
- corrected.
-
- Article 6 -- Limitations On Liability &
- Remedies:
-
- BARENTZ ASSUMES NO LIABILITY FOR ANY FILES
- CREATED, MODIFIED OR DISTRIBUTED UNDER THIS
- AGREEMENT, INCLUDING WITHOUT LIMITATION,
- LIABILITY FOR PATENT OR COPYRIGHT INFRINGEMENT.
- FURTHERMORE, IN NO EVENT SHALL BARENTZ, LTD. BE
- LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY
- USER (INCLUDING WITHOUT LIMITATION COMPENSATORY,
- INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR
- EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR
- BUSINESS, EXPENDITURES, INVESTMENTS, OR
- COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS
- OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST
- OR CORRUPTED DATA OR INABILITY TO USE YOUR
- COMPUTER, OR THE USE OF OTHER PROGRAMS OR DATA ON
- YOUR COMPUTER, OR THE SOFTWARE) IRRESPECTIVE OF
- WHETHER BARENTZ, LTD. HAS BEEN INFORMED OF, KNEW
- OF, OR SHOULD HAVE KNOWN OF, THE LIKELIHOOD OF
- SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL
- CAUSES OF ACTION IN THE AGGREGATE, INCLUDING
- WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF
- WARRANTY, NEGLIGENCE, STRICT LIABILITY,
- MISREPRESENTATION, AND OTHER TORTS. IF BARENTZ,
- LTD'S EXCLUSION OF ANY WARRANTY AND/OR LIMITATION
- OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL
- FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE
- OR INAPPLICABLE, USER AGREES THAT BARENTZ, LTD'S
- LIABILITY TO ANY PARTY SHALL NOT EXCEED THE
- PURCHASE PRICE OF THE SOFTWARE. Some states do
- not allow the exclusion or limitation of
- incidental or consequential damages or the
- limitation of duration of an implied warranty, so
- the limitation or exclusion herein may not apply
- to you.
-
- Article 7 -- General:
-
- . This is the exclusive Agreement between
- Barentz and you regarding its subject matter.
- You shall pay any taxes on the Software or
- transactions, except for those based on
- Barentz's annual net income.
-
- . Copyright Owners shall be third party
- beneficiaries of Barentz's rights under this
- Agreement, but they are not a party hereto and
- shall have no obligation hereunder.
-
- . If any provision of this Agreement is declared
- invalid or unenforceable, the remaining
- provisions of this Agreement shall remain in
- effect.
-
- . This Agreement supersedes and replaces any and all
- previous Agreements, whether written or oral,
- with you regarding the Software.
-
- . This Agreement shall be governed by the laws
- of the State of Texas, except for that body of
- law dealing with conflicts of law.
-
- COMMERCIAL COMPUTER SOFTWARE
-
- The Software is a "commercial item", as that term
- is defined at 48 C.F.R. 2.101 (Oct. 1995)
- consisting of "commercial computer software" and
- "commercial computer documentation," as such
- terms are used in 48 C.F.R. 12.212 (Sept. 1995).
- Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
- 227.7202-1 through 227.7202-4 (June 1995), all
- U.S. Governmental End Users acquire the Software
- with only those license rights set forth herein.
- The Software is Copyright (c) 1996-97 by Matthew
- Tagliaferri. Portions of the Software are
- Copyright (c) 1996-97 by Worldwide MicroTronics
- Inc. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE
- COPYRIGHT LAWS OF THE UNITED STATES AND
- INTERNATIONAL TREATY PROVISIONS. qED is a
- trademark of Matthew Tagliaferri. For purpose of
- any public disclosure provision under any
- federal, state or local law, it is agreed that
- this Software is a trade secret and proprietary
- commercial Software is not subject to disclosure.
-
-
-