LIMITED USE SOFTWARE LICENSE AGREEMENT FOR DOOM 3 DEMO This Limited Use Software License Agreement for DOOM 3 Demo (this "Agreement") is a legal agreement between you, the end-user, and Id Software, Inc. ("ID"). BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THIS GAME DEMO PROGRAM ENTITLED DOOM 3 (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 AND CONDITIONS OF THIS AGREEMENT. 1. Grant of License. Subject to the terms and provisions of this Agreement and so long as you comply fully at all times with this Agreement, ID grants to you the non-exclusive and limited right to use the Software for the uses permitted in Section 3 below. 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 Section 3 hereinbelow. You agree that the Software will not be shipped, transferred, or exported into any country in violation of the United States 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 United States has embargoed goods or to anyone or into any country who/that 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 reserves all rights not granted in this Agreement, including, without limitation, all rights to ID's trademarks. 2. Prohibitions. You, whether directly or indirectly, shall not do any of the following acts: a. modify the Software; b. alter the Software; c. rent the Software; d. sell the Software; e. lease or lend the Software; f. offer the Software on a "pay-per-play" basis; g. distribute the Software, except as expressly permitted under Section 3 hereinbelow; h. in any other manner and through any medium whatsoever, commercially exploit the Software or use the Software for any commercial purpose; i. disassemble, reverse engineer, or decompile the Software; j. translate the Software; k. create or develop extra or add on levels for the Software; l. reproduce or copy the Software, except as permitted under Section 3 hereinbelow; m. publicly display the Software; n. prepare or develop derivative works based upon the Software; o. remove or alter any legal notices or other markings or legends, such as trademark and copyright notices, affixed on or within the Software; p. remove, alter, modify, disable, or reduce any of the anti-piracy measures or components contained in the DOOM 3 software game; or q. bundle or package the Software with any other software, hardware, or anything else, except as expressly permitted under Section 3 hereinbelow in regard to mounting the Software on magazine covers. 3. Permitted Distribution and Copying. So long as this Agreement accompanies each copy you make of the Software, and so long as you comply fully at all times with this Agreement, ID grants to you the non-exclusive and limited right to copy the Software and to distribute such copies of the Software free of charge for non-commercial purposes that shall include the free-of-charge distribution of copies of the Software as mounted on the covers of magazines; provided, however, you shall not copy or distribute the Software in any infringing manner or in any manner that violates any law or third-party right, and you shall not distribute the Software together with any material that infringes against any third-party right or that is libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. Subject to the terms and conditions of this Agreement, you also may: (i) download one (1) copy of the Software; (ii) copy the Software from your computer RAM onto your computer hard drive; and (iii) make one (1) "backup" or archival copy of the Software on one (1) hard disk. You shall mark or label conspicuously as "SHAREWARE" or "DEMO" each CD or other non-electronic copy of the Software that you make and distribute. In exercising your limited rights hereunder, you shall comply at all times with all applicable laws, regulations, ordinances, and statutes. ID reserves all rights not granted in this Agreement. You shall not distribute the Software commercially unless you first enter into a separate contract with ID, on terms and conditions determined in ID's sole discretion, and only upon your receipt of a written agreement executed by an authorized officer of ID. 4. Intellectual Property Rights. The Software and all copyrights, trademarks, and all other conceivable intellectual property rights related to the Software 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 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. You agree that you are receiving a copy of the Software 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. This Section shall survive the cancellation or termination of this Agreement. 5. No Warranties. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. ID 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 AND SHOULD NOT BE RELIED UPON. THIS SECTION SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS AGREEMENT. 6. 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 (but excluding conflicts of laws principles) and applicable United States federal law. 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. You agree to indemnify, defend, and hold harmless ID and ID's officers, employees, directors, shareholders, agents, licensees (excluding you), predecessors, successors, and assigns from and against all losses, lawsuits, damages, causes of action, and claims relating to and/or arising from: (i) your breach of this Agreement; and/or (ii) your distribution or other use of the Software. You agree that your unauthorized use of the Software, or any part thereof, immediately and irreparably may damage ID such that ID could not be compensated adequately solely by a monetary award, and in such event, and at ID's option, ID shall be entitled to an injunctive order, in addition to all other available remedies, including a monetary award, to prohibit such unauthorized use without the necessity of ID posting bond or other security. ID AND ID'S OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF ID OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR IF ID OR ITS AGENTS RECEIVE NOTICE OF THE POSSIBILITY OF ANY 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 shall survive the cancellation or termination of this Agreement. 7. United States Government Restricted Rights. To the extent applicable, the United States Government shall have only those rights to use the Software as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204, inclusive. 8. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. ID may assign its rights under this Agreement in ID'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 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 YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, THIS AGREEMENT AND YOUR LICENSE GRANTED HEREIN AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. Immediately upon the termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software, in any manner, you immediately shall destroy all copies of the Software in your possession, custody, or control, and all rights granted hereunder shall revert, without notice, to and be vested in ID. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND YOU UNDERSTAND THAT, BY CONTINUING THE DOWNLOAD OR INSTALLATION OF 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 AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN, SEPARATE AGREEMENTS, IF ANY, BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO RELATING TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS, OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.