License:
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 grants to you the non-exclusive and limited right to create for the Software (except any Software code) your own modifications (the “New Creations”) that 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 that infringe against any third-party right or that 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 reexported into any country or to a national or resident of 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 New Creations in violation of any applicable law. The New Creations shall not be downloaded or otherwise exported or reexported into any country 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. 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 permitted only 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 automatically shall terminate, without notice.
- 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, except as permitted by section 4 hereinbelow;
f. in any other manner and through any medium whatsoever commercially exploit the Software, or use the Software for any commercial purpose, including, without limitation, giving away copies of the Software for free to promote or market any other material;
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 hereinbelow;
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. modify, remove or alter this Agreement or any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software.
- Permitted Distribution and Copying. So long as this Agreement accompanies each copy you make of the Software and so long as you fully comply at all times with this Agreement, ID grants to you the non-exclusive and limited right to: (i) copy the Software from the download onto your computer hard drive; (ii) copy the Software from your computer hard drive into your computer RAM; (iii) copy on one (1) hard disk one (1) “back up” or archival copy of the Software; and (iv) copy the Software and distribute such copies as standalone copies on physical media or in electronic format of the Software free of charge for non-commercial purposes and not in connection with any other material. You shall not distribute copies of the Software as mounted on or attached to the covers or any other part of magazines or other printed material. You shall not copy or distribute the Software in any manner that infringes against, misappropriates or otherwise violates any third-party right or that is libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You shall not receive any postage, shipping, handling or other charge, payment, fee, or other consideration, including items in trade, in exchange for or in connection with copies of Software you may distribute, even if only for reimbursement. You shall not receive any value or consideration in exchange for or in connection with copies of the Software you may distribute. You shall not distribute the Software bundled, copackaged or together with any material. You shall not distribute the Software in connection with the promotion or marketing of any material. Except as such are included by ID within copies of the Software that you are permitted to make under this Agreement, you shall not reproduce, depict, display or copy the title of the Software, the ID name or any screen display or other element or part of the Software. 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 commercially distribute the Software 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.