This Limited Use Software License Agreement (this "Agreement") is a legal agreement between you,
the end-user, and Id Software, Inc. ("Id Software") and Activision Publishing, Inc. ("Activision"). BY
CONTINUING THE INSTALLATION OF THE FULL VERSION GAME PROGRAM ENTITLED
RETURN to CASTLE WOLFENSTEIN (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. Subject to the terms and provisions of this Agreement and so long as
you fully comply at all times with this Agreement, Id Software grants to you the non-exclusive
and limited right to use the Software only in executable or object code form. The term
"Software" includes all elements of the Software, including, without limitation, data files 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. herein below. You agree that the
Software will not be downloaded, shipped, transferred, exported or re-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 Software in violation of any applicable law. The Software 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. In exercising your limited rights
hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances and
statutes. Id Software reserves all rights not granted in this Agreement, including, without
limitation, all rights to Id Software's trademarks.
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 Software 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). You may include within the New Creations certain textures
and other images (the "Software 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
downloaded, shipped, transferred, exported or re-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.
3. Prohibitions with Regard to the 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. herein below);
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. remove or alter any notices or other markings or legends, such as trademark or copyright notices,
affixed on or within the Software or the Printed Materials (as defined in section 5. below).
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, 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 Software 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., º101 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 limited license only and not by sale and
that the "first sale" doctrine of 17 U.S.C. º109 does not apply to your receipt or use of the Software or
the Printed Materials. This section shall survive the cancellation or termination of this Agreement.
6. NO ID SOFTWARE WARRANTIES. ID SOFTWARE 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,
THE SOFTWARE IMAGES AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND
WITHOUT WARRANTY. ID SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE OR THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE
SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL
STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID
SOFTWARE AND SHOULD NOT BE RELIED UPON. This section 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 ninety (90) days from the date of purchase. If the recording medium is
found defective within ninety (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 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; and (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. ($19 AUD for Australia, or ú10.00 for Europe) currency per
CD or floppy disk replacement. Note: Certified mail recommended.
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
Parliament House
St. Laurence Way
Slough, Berkshire SL1 2BW
United Kingdom
Disk Replacement: +44 (0) 8705 143 525
In Australia and Asia Pacific territories send to:
Warranty Replacements
Activision
Century Plaza
41 Rawson Street
Epping, NSW 2121
Australia
8. Governing Law, Venue, Indemnity 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. 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 federal and state courts in Dallas County, Texas for any such litigation. Exclusive venue for all
litigation involving Activision, but not involving Id Software, 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 hereby agree to indemnify, defend and hold harmless
Id Software and Activision and Id Software's and Activision's respective officers, employees,
