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Generations Arena End User License Agreement


“GENERATIONS ARENA” MODIFICATION
SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and the organization WireHead Studios (“WireHead”). BY CONTINUING THE INSTALLATION OF THE GAME MODIFICATION PROGRAM ENTITLED GENERATIONS ARENA (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. WireHead Studios. “WireHead Studios” shall refer to the organization responsible for the creation of the Software. This organization shall include Lee “Lee’Mon” Montgomery, as well as other individuals not disclosed in this Agreement who have contributed to the creation of the Software. Any communications concerning this Agreement shall be directed either directly to Lee Montgomery or to the email address leemon@planetquake.com.

2. Grant of License for Software. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, WireHead grants to you the non-exclusive and limited right to use the Software in executable or object code form for the purposes of a beta test. The term "Software" includes all elements of the Software such as data files, images appearing in the Software, 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 3. and 5. herein below. 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) by you or any one 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 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.

3. Modification Beta-Test Use. You the end-user are granted the limited, non-exclusive right to use the Software as modification software designed to operate with the full retail version of the game program Quake III Arena (but not any demo, test or other version of said game). By using the Software, you agree to operate the Software for the sole purpose of beta-testing the code operations of the Software. By using the Software, you agree that the Software is in an uncompleted, unfinished form, and agree to hold WireHead Studios and its members harmless for any copyright, trademark, and/or intellectual property infringement caused by any version of the Software that WireHead Studios does not intentionally make available for public use. You shall not alter the Software to infringe against any third party right or use the Software in any manner that would be libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You shall not rent, sell, lease, lend, offer on a pay-per-play basis or otherwise commercially exploit or commercially distribute the Software. You shall not distribute the Software to any third party, including but not limited to ID Software, Inc. and/or Activision, Inc. As noted below, in the event you commit any breach of this Agreement, your license and this Agreement shall automatically terminate, without notice. You hereby agree to indemnify, defend and hold harmless WireHead Studios and its members, ID and Activision and WireHead’s, ID's and Activision's respective officers, employees, directors, agents, licensees (excluding you), sub-licensees (excluding you), successors and assigns from and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from the Software or the distribution or other use of the Software or relating to and/or arising from your breach of this Agreement. Your obligations set forth in the immediately preceding sentence shall survive the cancellation or termination of this Agreement.

4. Prohibitions with Regard to 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 3. hereinabove) or alter the Software;

h. translate the Software;

i. reproduce or copy the Software (except as permitted by section 5. hereinbelow); or

j. prepare or develop derivative works based upon the Software.

5. Permitted Copying. You may make only the following copies of the Software: (i) you may copy the Software from the location provided by WireHead Studios 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.

6. Intellectual Property Rights. Certain portions of the Software are copyrighted ©2001-2004 by WireHead Studios and Lee Montgomery. All copyrights, trademarks and all other conceivable intellectual property rights not retained by WireHead Studios and Lee Montgomery are owned by ID. All copyrights, trademarks, and intellectual property rights contained herein 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 6. shall survive the cancellation or termination of this Agreement.

7. No WireHead Warranties. WIREHEAD STUDIOS 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. WIREHEAD DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY WIREHEAD AND SHOULD NOT BE RELIED UPON. This section 7. shall survive the cancellation or termination of this Agreement.

8. Governing Law, Venue, and Liability Limitation. This Agreement shall be construed in accordance with and governed by the applicable laws of the State of California and applicable United States federal law. Copyright and other proprietary matters will be governed by applicable United States laws and international treaties. Except as set forth below, exclusive venue for all litigation regarding this Agreement shall be in San Francisco County, California and you agree to submit to the jurisdiction of the courts in San Francisco, California for any such litigation. You agree that your unauthorized use of the Software or any part thereof may immediately and irreparably damage WireHead Studios such that WireHead could not be adequately compensated solely by a monetary award and that at WireHead's option WireHead shall be entitled to an injunctive order, in addition to all other available remedies including a monetary award, appropriately restraining and/or prohibiting such unauthorized use without the necessity of WireHead posting bond or other security. IN ANY CASE, WIREHEAD STUDIOS, ACTIVISION, AND WIREHEAD’S, ID'S, AND ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF WIREHEAD, ID, ACTIVISION OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF 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 8. shall survive the cancellation or termination of this Agreement.

9. U.S. Government Restricted Rights. To the extent applicable, the United States Government shall only have 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.

10. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. WireHead Studios, ID, and Activision each may assign its respective rights under this Agreement in the assigning party'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 WireHead, ID, or Activision 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 breach of any term or provision of this Agreement, YOUR LICENSE AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND WIREHEAD, ID, AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. In the event this Agreement is terminated, you shall have no right to use the Software in any manner, and you shall immediately destroy all copies of the Software in your possession, custody or control.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT 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 OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN WIREHEAD STUDIOS, ID, OR ACTIVISION AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN WIREHEAD STUDIOS, ID, ACTIVISION AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

LEGAL STUFF – GENERATIONS ARENA AND COPYRIGHT ISSUES

(DISCLAIMER: The following should not be taken as legal advice. Please consult your lawyer regarding such issues.)

It has been asked repeatedly of WireHead Studios how “Generations Arena” can be legally released while other, similar projects are canceled due to copyright infringement and use of intellectual property (a situation commonly known as “getting foxed.” While similarities do exist, the differences are the most important element. A simple comparison between Generations Arena and its predecessor, “Quake2: Generations” will hopefully make our stance clear.

First off, a “mod” or any similar project cannot be based on intellectual property belonging to any other person, company, or group without permission. You cannot make a mod based on the “ALIEN” universe, the Simpsons cartoon show, the Mario series of games, and so on. Those characters and universes are the property of their respective companies, and they have the right to decide when and where they are used (barring news coverage and similar “fair use” cases, which do not apply here.)

This restriction has several elements. You cannot utilize characters that belong to someone else. Those characters (and even their very likenesses) are copyrighted. Q2Gen used the characters from Wolfenstein-3D, DOOM, and Quake I in a mod for Quake2. Even though those characters were all owned by one company (and even though that company that owned the game the mod was made under), they were still illegal; intellectual property from one game was brought to another. It doesn’t matter that the mod was released for free, or that the characters were from the shareware release. Bringing them into another game was illegal. This applies to lead characters as well as “monsters” or other characters.

In addition, any content from one game cannot migrate to another without permission. Content from other sources (movies, television shows, or even books) cannot migrate into a mod either. Q2Gen broke this by several bounds, converting levels, textures, models, sounds, graphics, and more from Wolf3D, DOOM, and Quake into the Quake2 engine.

Generations Arena attempts to focus on the fun elements that made playing these four games so memorable, without infringing on the intellectual property rights of id Software or their fans. Our goal is not to merely port id’s previous games to Quake3; we hope to merge many of the gameplay dynamics and techniques each game developed into one deathmatch environment. If you want to chainsaw demons, play DOOM; if you want to chainsaw that guy who’s been railing you for the past half-hour, play Generations.

To that end, we’ve designed everything from the ground up to provide all of the fun with none of the legal concerns. Our “generations” are not Wolfenstein, DOOMII, QuakeWorld, or QuakeII; they’re the Earth Soldiers, Doom Warriors (as in the Q3 character Doom), Slipgaters, Strogg Troopers, and Arena Gladiators. We have not brought in characters from other sources; the Generations characters are either present in Quake3 already or, as with our female Slipgater “Jaeger”, entirely new creations. All of our content is made entirely from scratch, from models to weapons to sounds and beyond. Many of our weapons resemble either generic real-world weaponry or existing Quake3 weapons in their form and/or function. Our levels aren’t mechanically converted and ripped; we’ve taken the time to craft original “remakes” that provide the same layout and environment, while providing the quality visuals and architectural brilliance that only the Quake3 engine can provide.

Above all, WireHead Studios has consulted with id Software, and received early permission for many of the areas of Generations Arena that we felt were a little “grey-area”: our designs for the new BFGs, our style for creating the Strogg weaponry, our decision to age-regress Sarge 30 years and alter him into “Sarge” Blaze, and even the decision to bring back monsters (including classic-styled monsters) to Generations with Resurgence. We look forward to either receiving the final blessing from id Software, or working with them to make the changes they see fit.

At any rate, you’ll be playing Generations Arena for some time to come. Have fun!
(For more information, consult the wonderful article by Caryn “Hellchick” Law at the following URL:)
 http://www.3dactionplanet.com/features/editorials/q3dmhellchick5/
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