QUAKE DEATHMATCH & ENGINE COMPATIBILITY TEST 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 the Id Software game program (the "Software"), which is the demo version of the Software for the exclusive, limited purpose of testing the compatibility of your computer system with the Software. You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyright or other rights related thereto. 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. Prohibited Commercial Use. Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software. 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 (except as noted in 4.hereinbelow) by any means,including, but not limited to direct mail, retail, mail order or other means; 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: You shall not make the following uses or take the following action in regard to the Software: a. Translate the Software; b. Reproduce the Software; c. Publicly display the Software; or d. Prepare derivative works based upon the Software. 4. Electronic Distribution is Permitted: 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. 5. 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, 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 complies with this Agreement. 6. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER 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. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE RELIED UPON. 7. Venue and Exclusive Remedies. 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, NEITHER ID NOR ID'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS OR ASSIGNS SHALL 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. 8. 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.