NOTICE:  THIS RELEASE IS FOR EVALUATION PURPOSES ONLY.  IT IS A PRIVATE RELEASE AND MUST NOT BE DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION.  BY INSTALLING THIS SOFTWARE, YOU AGREE TO KEEP ALL INFORMATION REGARDING THIS PRODUCT STRICTLY CONFIDENTIAL.

LIMITED USE SOFTWARE LICENSE AGREEMENT

     This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and The Q3F Team. ("Q3F").  By continuing the installation of this program entitled Q3F, by loading or running the game program, or by placing or copying the program onto your computer hard drive, computer RAM or other storage, you are agreeing to be bound by the terms of this Agreement.  

1) Definitions.  
a) "The Software" means the computer program commonly known as Q3F. "Software" includes all elements of the Software such as data files, images appearing in the Software and screen displays.
b) "Confidential Information" shall mean the information received which is marked as "confidential" and/or "proprietary" or which would logically be considered "confidential" or "proprietary" in view of its relationship to the disclosure.  Information furnished orally, in written form, by electronic means, or by any other means which was identified by Q3F as confidential and/or proprietary at the time of the disclosure, shall be treated as Confidential Information.

2) Grant of License for Software.  Subject to the terms and conditions of this Agreement, The Q3F Team grants to you the non-exclusive and limited right to use the software program entitled Q3F in executable or object code form only (the "Software") for recreational purposes only.  You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyright, trademarks, or other rights related thereto.  For purposes 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.

3) The Software and all details relating to the Software shall be considered Confidential Information.  All Confidential Information shall be maintained in confidence by you, and shall not be disclosed to any third party and shall be protected with the utmost care.  You shall not use any "Confidential Information" received from The Q3F Team except for the evaluation purposes set forth above.

4) Distribution.  This software is for evaluation purposes only.  You have no license to make copies and/or distribute via electronic means the Software.  You are prohibited from altering either the Software or accompanying documentation.  You are specifically prohibited from charging, or requesting donations, for any copies of the Software distributed.  You are specifically prohibited from distributing the Software and/or documentation with other products.        

5) Prohibitions with Regard to Software. You, either directly or in- directly, 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, disassemble, de-compile, modify or alter the Software;

h. translate the Software;

i. reproduce or copy the Software (except as permitted by section 6);

j. publicly display the Software; or

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

6) Permitted Copying.  You may make only the following copies of the Software:  (i) you may copy the Software 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.

7) Intellectual Property Rights.  The Software, including the Q3F Images, and all materials accompanying the Software (the "Materials") and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software, the Materials and the Q3F Images are owned by The Q3F Team and are protected by United Kingdom copyright laws, international treaty provisions and all applicable law.  You must treat the Software, the Materials and the Q3F Images like any other copyrighted material, as required by any applicable law.  You agree to use your best efforts to see that any user of the Software licensed hereunder, or  the Materials complies with this Agreement.  You agree that you are receiving a copy of the Software, including the Q3F Images, and the Material by license only and not by sale.  This section 7. shall survive the cancellation or termination of this Agreement.

8) No Q3F Warranties.  The Q3F TEAM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE PRINTED MATERIALS AND THE Q3F IMAGES.  THE Q3F TEAM 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 SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY Q3F AND SHOULD NOT BE RELIED UPON.  This section 8 shall survive the cancellation or termination of this Agreement. 

9) IN ANY CASE, NEITHER Q3F, NOR ANY OF Q3F'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF DATA, LOSS OF  PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT  LIABILITY, OR OTHER LEGAL THEORY EVEN IF Q3F OR ITS 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.

10) General Provisions.  Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you.  Q3F may assign its rights under this Agreement in its sole discretion.  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 Q3F 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 or breach any term or condition of this Agreement, YOUR LICENSES AND THIS AGREEMENT ARE AUTOMATICALLY TERMINATED, WITHOUT NOTICE.  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.

11) 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 THE Q3F TEAM 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 THE Q3F TEAM AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

(c) Copyright 2000 The Q3F Team.  All rights reserved
April 1, 2000
