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Emulation Software Detected!
- Thread starter bipolar
- Start date
]|[ Mar']['in ]|[ said:you would probably shit yourself if you saw my room
Yeah it happens. One of my friends dreamcast games and audio cds looked like he used them as a plate, coaster, etc.! Then he wondered why his cd-rom drive just died one day in his PC!
And the one thing people who are all against piracy don't realize is that the #'s are inflated. The #'s u see is using the assumption that EVERY SINGLE person who pirated this or that would have bought it. 80% of them would have not. So really the stats are 80% wrong! ]|[ Mar']['in ]|[
Supreme [H]ardness
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Netrat33 said:
Well it's not like you're the only one who doesn't pirate
meh I'm getting ornary that must mean it's lunch time ]|[ Mar']['in ]|[
Supreme [H]ardness
- Joined
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- 4,663
Tazman2 said:Yeah it happens. One of my friends dreamcast games and audio cds looked like he used them as a plate, coaster, etc.! Then he wondered why his cd-rom drive just died one day in his PC!
lol I had to replace the dvd drive in my xbox 3 times. 3rd time I bit the bullet and modded a samsung drive, has been working like a champ since.
Most the games I play often I rip onto the hard drive anyways though
Tazman2 said:. Last time i checked a terrorist or gang member does NOT buy their guns at a gun store!
Terrorists ALWAYS buy there guns at a gun store
there are valid points you brought up for guns/fighting, but that's a LITTLE off topic and they always have even loop holes in those *say you beat a guy defending yourself..how far did that person keep beating the other for instance*
Yes i know there aren't the pirates *arggg* searching for free programs all the time searching around. And yes a lot of nieve stuff goes on at work. But when it comes to virtual cds and the person who is using it for the wrong reasons which i suspect a majority people do. *look i'm sorry for all the legit users out there I understand this ISN'T aimed at you and hopefully a better answer comes up*
virtual cds are a little more "advanced" than saying "hey...can i borrow that" Know what I mean?
Tazman2 said:So u admit u pirate other things since u said and i quote "Well i don't pirate games."?!
*laughing*....*then laughing nervously*
*looking around....*
*running!*
NO no just kidding! We're just talking about games so I focused on games. I have legit "stuff" too. Athough i mostly use da computer for games and surfin.
NeghVar
2[H]4U
- Joined
- May 1, 2003
- Messages
- 2,685
Netrat33 said:
Daemon Tools is free
Someone should confront nero, roxio or other such companies and complain to them about why they let the game publishers do this. It forces people to stop using their product and choose something else. I deffinately would not stand idley and let it happen. You'd think there would be some kind of anti-trust or bad business practices in what they are doing to the makers of the burning software.
NeghVar said:
See that's how ignorant I am to the whole virtual cd thing. And I think of myself as fairly computer savy.
I suspect all those software programs with make themselves more "invisible" to programs like that anyway. Nero, roxio, and the such with do the same *patches*
And to all *i'm sure some are mad* I don't discount the validity of BOTH sides. But software companies have to try what they can. Legit users..just be patient
We should be able to do anything we please with the copies of software we buy as long as it does not leave our homes or our systems through the internet as to cause financial damage to the copyright holder.
Copyrights are to protect what you write from someone else claiming it as their own and making profit from it. Not this bastardization of them telling you you can't modify the data for your own use or what else you can use while using it.
What next? Patent infringement for modding your computer case and not using it as it was sold to you?
Copyrights are to protect what you write from someone else claiming it as their own and making profit from it. Not this bastardization of them telling you you can't modify the data for your own use or what else you can use while using it.
What next? Patent infringement for modding your computer case and not using it as it was sold to you?
i doubt its that far off. america is in a frenzy about lawsuits and copyrights. gaming companies have always tried to make games that couldn't be pirated. they never suceeded. all it does is annoy the consumer. pirates will just download the iso. so you can't play yours without the cd in the drive. those isos come with a modified exe that doesnt make you need it.
its never stopped anything. never will. make a better lock, get a better thief.
its never stopped anything. never will. make a better lock, get a better thief.
A lot of you people have at least copied/cloned/installed a program/game/song for someone else at least *once*. I admit I have but of course, I don't do it all the time. So is the numbers inflated? Not really. I have installed multiple copies of Windows XP for my own 3 PC's before I realized it was illegal to do that (one license per PC). A friend had given me a burned copy of PK expecting me to give her a burned copy of Doom 3 in trade. I still haven't done it to this day and I'm still being tempted to because she's begging (besides the fact she's a girl anyway). Need I say that even illiterate teens had performed an illegal burn of an album too? A lot of the teens at my school and I've witnessed this too, passed each other basically a clear/blank CD or two. It's too obvious. Those people are also not even capable of operating a PC efficiently. I'm even beginning to think that schools should have the right to search a person's bookbag/locker for illegal properties of programs/games/musics on a certain format or whatever but I'm afraid it'll skyrocket controversity discussions and complaints from parents (but parents are quite often uneducated about this kind of thing). The only point I'm trying to bring out in this side tracked post is that all of you have done it once yet you act like you're legit. You aren't. For those that haven't ever done any of that illegally (less than a few percentage that is), much respect goes to you.
-J.
-J.
Well, thanks to the person that brought up the name: "Daemon Tools" and brought it together with "free". Being like any of the people here I would become interested and proceeded to do a search on it. I came upon to the main website and there it says on the front page:
But of course, the average teen bopper/geek says to himself, "What the fuck, who gives a fuck/Ohh, sounds delicious..." and proceeds to click "Continue to DAEMON Tools Homepage".
So, I read some bits and saw the "Downloads" link and clicked on it. I found the Daemon Tools download site and here is what I saw:
But of course, teen boppers/geeks turn into idiots, rubbing their hands and says to themselves: "Bwahahaha, at last!" or something idiotically similar. The keywords that stimulates a teen's mind are: VIRTUAL CD/DVD-ROM EMULATOR, EMULATE, NEARLY ALL, COPY PROTECTIONS, MARKET. All this sounds like what we've been talking about. Of course, people ignore what the first page said about the legal uses of it and proceeds on getting a download trial of it. What do they go for immediately with the program? Is it not obvious? A good percentage of geeks would try to see if copying a game would work. From there, everything goes downhill. Incentives will infect their minds and handicap them from being good people with moral values.
There, you will read the information of what Alcohol 52% and 120% can do. They make themeselves sound legal and great (and they do indeed). Problem is, people will still respond to those with the keywords of all the exciting illegal-like terms and proceed to download a trial or something.
My point is this: I hate people and myself.
My other point is: It's so hard to even convince people to NOT use it illegally. The company is fortunate not to go through this because once they cite their term agreements and the user agrees to it, they're 100% off the hook and they can't get sued basically.
Funny thing to consider: Can you use Alcohol 52%/120% or Daemon Tools to make a full "backup" (copy) of itself? If so... lol? Defeats the company itself.
-J.
But of course, the average teen bopper/geek says to himself, "What the fuck, who gives a fuck/Ohh, sounds delicious..." and proceeds to click "Continue to DAEMON Tools Homepage".
So, I read some bits and saw the "Downloads" link and clicked on it. I found the Daemon Tools download site and here is what I saw:
But of course, teen boppers/geeks turn into idiots, rubbing their hands and says to themselves: "Bwahahaha, at last!" or something idiotically similar. The keywords that stimulates a teen's mind are: VIRTUAL CD/DVD-ROM EMULATOR, EMULATE, NEARLY ALL, COPY PROTECTIONS, MARKET. All this sounds like what we've been talking about. Of course, people ignore what the first page said about the legal uses of it and proceeds on getting a download trial of it. What do they go for immediately with the program? Is it not obvious? A good percentage of geeks would try to see if copying a game would work. From there, everything goes downhill. Incentives will infect their minds and handicap them from being good people with moral values.
There, you will read the information of what Alcohol 52% and 120% can do. They make themeselves sound legal and great (and they do indeed). Problem is, people will still respond to those with the keywords of all the exciting illegal-like terms and proceed to download a trial or something.
My point is this: I hate people and myself.
My other point is: It's so hard to even convince people to NOT use it illegally. The company is fortunate not to go through this because once they cite their term agreements and the user agrees to it, they're 100% off the hook and they can't get sued basically.
Funny thing to consider: Can you use Alcohol 52%/120% or Daemon Tools to make a full "backup" (copy) of itself? If so... lol? Defeats the company itself.
-J.
The other thing is that even if you do use that software legeally, you have to realize that most games now have copy protection. And if you use any means to bypass that copy protection you are breaking the EUA and using it illegeally.
Even tho by law you are allowed to make backups of your software, the manner in which you do so may be illegal. using sottware which gets past copy protection and makes a copy or an image is illegal in most cases, as it bypasses copy protection.
So how do you make legal backups of your software? easy answer is you dont.
So even tho you think your using the software legally, you actually arent.
And therefore if you want to do things legally you probably should just not use that software. Unless you use it to make images of your own cds and such, but if you want to use it to run games off your HD. Im sorry its illegal for many games to do taht.
Even tho by law you are allowed to make backups of your software, the manner in which you do so may be illegal. using sottware which gets past copy protection and makes a copy or an image is illegal in most cases, as it bypasses copy protection.
So how do you make legal backups of your software? easy answer is you dont.
So even tho you think your using the software legally, you actually arent.
And therefore if you want to do things legally you probably should just not use that software. Unless you use it to make images of your own cds and such, but if you want to use it to run games off your HD. Im sorry its illegal for many games to do taht.
Sounds like they may have implemented Starforce Copy Protection. An ugly piece of copy protection. http://www.google.com/search?hl=en&ie=UTF-8&q=starforce+copy+protection&btnG=Google+Search
If you haven't heard about it, it installs a driver that exhibits this type of behavior. Do a search in your registry for starforce to see if you have it. I installed some demo that left this behind even after I uninstalled the demo. They have a removal tool at their site - www.starforce.com.
I couldn't believe all the posts that said just uninstall 120%. Especially on this forum... I just paid $60 for 120% and now I have to uninstall it to play this game. NOBODY polices my system but me. What audacity these people have thinking they can dictate what someone can or can't have installed on their PC.
And yes all this does is annoy their paying customers not the pirates. It's been hashed over and over again but these morons at EA (and elsewhere) just won't listen. Uggh - infuriates me every time I read about something like this. Adding EA to my boycott list.
If you haven't heard about it, it installs a driver that exhibits this type of behavior. Do a search in your registry for starforce to see if you have it. I installed some demo that left this behind even after I uninstalled the demo. They have a removal tool at their site - www.starforce.com.
I couldn't believe all the posts that said just uninstall 120%. Especially on this forum... I just paid $60 for 120% and now I have to uninstall it to play this game. NOBODY polices my system but me. What audacity these people have thinking they can dictate what someone can or can't have installed on their PC.
And yes all this does is annoy their paying customers not the pirates. It's been hashed over and over again but these morons at EA (and elsewhere) just won't listen. Uggh - infuriates me every time I read about something like this. Adding EA to my boycott list.
You are right to a certain point that it is you that should have the authority to do what you want with your PC. But, if I was the company, I can make a term agreement rule that states what you are limited to as to the usage of the product I'm selling you. I can tell you that you can't have Alcohol 120% installed when using my product. I can't control your PC but I can decide what I want to do with my product. You can buy it or not.
As for me. I never had a problem with any of the companies/publisher's games because I don't copy my games. I take care of them and I don't copy games to give to other people. I always say, "Buy your own" to other people, even if they're my friend. Sad or not, I rather do something for the economy than make it worse. It's just funny how all of you all complain about it. If you can't keep your CD's clean and put them in the right space (like the case holder that came with it?), then it's your own fault.
Who ever said life was easy? You're all taking the easy way out with copying games ensuring that it doesn't get ruined. Psh...
-J.
I would say the Punisher made an excellent point. The publisher does not put their eleventy-billion word EULA on the outside of the box. The ONLY way to read the legalese is to plunk down your money for the game in which case if you disagree with the EULA you're fucked because the Store won't refund your money. That's kinda like your friend wanting you to agree to do something before he tells you what you're agreeing to. You'll tell him you'll do it then it turns out he wanted to have mansechs with you. Stating "Because the EULA said so" is a moot argument because you're stuck with agreeing with the EULA just by purchasing the game. Yeah, you don't HAVE to install the game, but that's also $50 down the drain. I'd just rather go to the bank take a $50 bill out of my account and set it on fire. I'm probably only going to purchase Valve's games only from now on because with Steam it's not NEARLY as annoying as Starforce copy protection.
Punisher said:
First of all, you are right but consider the following:
It's marketing. They won't put that on the game box because one, it'll inform the person what an "emulator" is and two, it'll probably misinform the user saying it won't work on their PC and three, it'll probably reduce sales because of the two reasons previously stated.
If I owned the store myself, I wouldn't let anyone return an opened game box because, someone who has one of those emulator programs can buy the CD and then return it to the store for a refund. What they did at home was to copy the game and keep it into their own spare CD case. And the CD-Key? Gone to hell. You don't expect a person to buy Half-Life and then return it for their money back because the CD-Key is all you need to play online (Valve bans cheaters via CD-Key). I wouldn't even trust one of my frequent customers because look at me, I can be a nice person but hell I can be tempted to steal something once in a while for the hell of it.
And why do you even have to have an emulator on your hard drive? It's not necessary. I don't even need it. I take care of my CD's properly. For those that lose/damage their CD's, deal with it and learn how to NOT lose/damage it. Also, It's very stupid to even "inform" a person to be "aware" of the law. It's fucking common sense. You can't have an emulator for a game. You can't copy shit for illegal purposes. Enough with the "If there is no disclaimer on the box apprising the buyer of this fact, there is a problem." lawyer crap. You already know this. It was bound to happen. Every average person knows this. You should NOT copy shit for illegal reasons. And hey, if you do have an emulator, uninstall it and play the game, tough shit.
This isn't the utopian world and we all know this otherwise guess what,
we'd all have a copy of an emulator and NOT use it illegally! Then again, if this was utopia, people wouldn't be idiots to even have a 'back up' because they wouldn't lose it or scratch it up in the first place.Edit: By the way, I can see that the legitimate people are getting screwed over by this which is why I am encouraging all of you to kill every person that is known to be copying software/games/music products. Even if it's one of your friends. So, if they're still copying, don't complain to the companies, complain to your friends who are the ones that are screwing you and your hard earned money.
-J.
Mr_Evil said:
Putting the EULA on the wall next to the games is a great way to deliver the law to the idiot's faces though it'd be hilarious because they'd still copy the game after reading it.
How would I know that you're not going to copy the game anyway? Steam would probably have some copy protection method on it. And I actually support all companies to implement that copy protection method so there would be no reason to even "boycott" a company. Deal with it.
-J.
theres no way that the companies will stop with copy protections even thou they actually couldnt stop pirating if they try,the problem with games detecting emulating softwares doesnt actually come from the game itself, but the drivers that the copy protection installs without you even knowing it. one of the main culprits is C-Dilla, and you can actually see these things as a running process on your pc CDAC11BA.EXE for example. and they are a pain in the arse to remove too. I first ran into Bipolars problem when I first bought FarCry and I had CloneCD installed along with Alcohol 120% I removed CloneCD and I dont use Alcohol 120% for emulating anything. after uninstalling CloneCD FarCry istalled just fine.I havent had any other problems with this since then but you never know.
Actually, with games purchased online through steam you HAVE to be logged in to steam where your CD Key is permanently linked to your steam login. I like it because I can play any game registered to my account on any computer that I can install steam on. It's a more sound form of copy protection and less of a nuissance. Sure it's not a perfect system, but its alot better than some of the other crap out there.
You're labeling people here. You assume that everyone wanting to use CD Image software is a peg-legged eyepatch wearin scurvy dog pirate. The last time I downloaded a game the guy that created the ISO didn't rip it right so a hacked EXE was REQUIRED (So once you install the app the ISO is worthless). I rip my own images of my games with my Lite-On burner so I don't have to swap CDs I can just load the image in Daemon Tools. Saying that everyone who buys/possesses Virtual Drive software is a pirate is akin to calling everyone who buys/possesses a firearm a murderer.
You're labeling people here. You assume that everyone wanting to use CD Image software is a peg-legged eyepatch wearin scurvy dog pirate. The last time I downloaded a game the guy that created the ISO didn't rip it right so a hacked EXE was REQUIRED (So once you install the app the ISO is worthless). I rip my own images of my games with my Lite-On burner so I don't have to swap CDs I can just load the image in Daemon Tools. Saying that everyone who buys/possesses Virtual Drive software is a pirate is akin to calling everyone who buys/possesses a firearm a murderer.
I'm certain by now someone has mentioned this before, but Doom3 would not play for anyone who had the program CloneCD installed (another valid product that we had to pay for a license to use). Of course the work around there was to get the KillCD Doom3.exe file and just play on anyway, but it pissed me off and others in my position as CloneCD is very useful for backing up CD's (even the copy protected ones) which as we all know is a legitimate usage of our CD's under the current laws.
Anyway, my theory is companys will be pulling stupid crap like this more and more until someone sues them for forcing users of their programs to not have other programs installed even when their TOS and EULA say nothing of these programs being prohibited which btw is a violation of their own EULA (if its not mentioned in the document you agree to when you use thier product, they have no authority to require any action of you with regard to programs you use or don't use). Also, I do wonder if the people/companies making software like CloneCD and Alcohol 120% have a good case for a lawsuit with regard to the damage that these popular game companies are doing to thier business.
Anyway, my theory is companys will be pulling stupid crap like this more and more until someone sues them for forcing users of their programs to not have other programs installed even when their TOS and EULA say nothing of these programs being prohibited which btw is a violation of their own EULA (if its not mentioned in the document you agree to when you use thier product, they have no authority to require any action of you with regard to programs you use or don't use). Also, I do wonder if the people/companies making software like CloneCD and Alcohol 120% have a good case for a lawsuit with regard to the damage that these popular game companies are doing to thier business.
OMG Deal with it losers!!!!!111!! LIke OMG if U cant use the CD yOU're LAZZy and your parents must be proud Like omGZ why question what these OoOOber companies do to their customers, because They are ALWAYS RIGHT didnt U know?!?! If they want to scan your HD for ANYTHING, YOU better LEt them because they know whats best for the common consumer, and THEY should decide what you install on your computer regardless what purpose it has for being there. If U have emulation software YOU ARE HAXZ!!!1!! You PIRATEZ copying games are BAD, and Im glad EA decided to throw ALL U people who have this emu software into THE SAME BOAT, just like all the bad people who own guns are MURDEREZZ !!!11!!
OH and its YOUR problem if your CDZ get scratched or damaged, and if they are U should have to BUY new ones and be PUNisHED for your NEGLECT!!11! If you cant even keep a CD in good condition, THEN omGZ U must be Sooo stupid and like OMGz such a bad person. ACcidents Dont Matter!! because they only happen to people who Are too """lazY""" and """" stupid """ to keep them in a safe spot.
/sarcasm off
This is seriously the mentality of some of the people posting here I swear...
Like omGZ why question what these OoOOber companies do to their customers, because They are ALWAYS RIGHT didnt U know?!?! If they want to scan your HD for ANYTHING, YOU better LEt them because they know whats best for the common consumer, and THEY should decide what you install on your computer regardless what purpose it has for being there. If U have emulation software YOU ARE HAXZ!!!1!! You PIRATEZ copying games are BAD, and Im glad EA decided to throw ALL U people who have this emu software into THE SAME BOAT, just like all the bad people who own guns are MURDEREZZ !!!11!! OH and its YOUR problem if your CDZ get scratched or damaged, and if they are U should have to BUY new ones and be PUNisHED for your NEGLECT!!11! If you cant even keep a CD in good condition, THEN omGZ U must be Sooo stupid and like OMGz such a bad person. ACcidents Dont Matter!! because they only happen to people who Are too """lazY""" and """" stupid """ to keep them in a safe spot.
/sarcasm off
This is seriously the mentality of some of the people posting here I swear...
Mr_Evil said:
Not saying everyone is but at least someone here had done it once for illegal purposes. However, I am simply only providing the perspective of the companies themselves. They see the cons outweigh the pros more over the use of emulation programs. And I can see that too. Let's all discuss the cons vs the pros. You'll see how much more illegal uses it has over the legal uses of it.
That's the funny part. Americans are lazy and spoiled.
Technically, yes, they are. They made/published the game. They can decide whatever they want with the product they're selling.
Not always, but a huge percentage has been tempted to make illegal copies.
I wish they were actually in the same boat, shipped to Australia.
Not necessarily be punished but be responsible over it. Though I would see this as being unfair too.
Oh by the way, a good alternative from buying a CD all over again if it was lost or damaged is to contact the company to ask them to give you another one. Didn't Valve allow that if you took a picture of you with the Case with CD-Key but lost CD's?
I know you're sarcastic but I don't care.
-J.
ojax said:Dude according to your personal info, you were born in 1987... you act as though you are above any teenager out there.. wow must be awesome to be so much more intelligent and above the rest of your peers
I didn't say I am more intelligent than any teenager out there, did I? Your post only shows ignorance.
What I said about teen boppers is just rather a little joke. How about rewording that to 'hip skateboarders' or something? Again, joke. I can reword it to generally 'people' but that's just speaking for every damn person out there and I didn't want it to sound like that. And the stupid, saying of "who gives a fuck" or "at last, bwahaha" is just a joke too. I don't mean to misinform if that's what you were thinking.
While I don't have any factual information to back up the statement I'm about to say but I can see the pirating activity occuring from the range between 14 years old 'til the early 30's while teens hold the large numbers. And even seeing this thing happen in my school almost frequently even exposed in public, "Yo, here's the copy of FruityLoops" which I actually overheard in the crowd, which is why I'm speaking of teenagers only.
Take care,
-J.
ninethreeeleven
TKer
- Joined
- Jul 16, 2004
- Messages
- 2,042
Can someone please post a EULA of either Madden or Doom3 and if there is nothing about what other software you can have within the EULA, I see a class action lawsuit coming on. I would be willing to go out and get Madden and CD Clone or Alcohol just to participate in such a lawsuit.
Im sure the Electronic Frontier Foundation (like the ACLU but for geeks) would like to join in on such a lawsuit.
Im sure the Electronic Frontier Foundation (like the ACLU but for geeks) would like to join in on such a lawsuit.
ojax said:I was going to ask something, but according to both replies by you geforceX, you answered all my questions.
I probably misexplained something or appeared to be something else? Ask me.
-J.
DOOM 3 LIMITED USE SOFTWARE LICENSE AGREEMENT
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1. Grant of License. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, Id Software grants to you the non-exclusive and limited right to use the Software only in executable or object code form. 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 sections 2 and 4 hereinbelow. You agree that the Software will not be downloaded, shipped, transferred, exported or re 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 the Software in any other manner 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 Software reserves all rights not granted in this Agreement, including, without limitation, all rights to Id Software's trademarks.
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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;
l. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software or the Printed Materials (as defined in section 5 hereinbelow); or
m. remove, alter, modify, disable, or reduce any of the anti-piracy measures contained in the Software, including, without limitation, measures relating to multiplayer play.
4. Prohibition against Cheat Programs. Any attempt by you, either directly or indirectly, to circumvent or bypass any element of the Software to gain any advantage in multiplayer play of the Software is a material breach of this Agreement. It is a material breach of this Agreement for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or otherwise make any use of any software program or any modification to the Software ("Cheat Program") itself that enables or allows the user thereof to obtain an advantage or otherwise exploit another Software player or user when playing the Software against other players or users on a local area network, any other network, or on the Internet. Hacking into the executable of the Software, modification of the Software, or any other use of the Software in connection with the creation, development, or use of any such unauthorized Cheat Program is a material breach of this Agreement. Cheat Programs include, but are not limited to, programs that allow Software players or users to see through walls or other level geometry; programs that allow Software players or users to change their rate of speed outside the allowable limits of the Software; programs that crash either and/or other Software players, users, PC clients, or network servers; programs that automatically target other Software players or users (commonly referred to as "aimbots") that automatically simulate Software player or user input for the purpose of gaining an advantage over other Software players or users; or any other program or modification that functions in a similar capacity or allows any prohibited conduct.
In the event you breach this section or otherwise breach this Agreement, your license and this Agreement automatically shall terminate, without notice, and you shall have no right to play the Software against other players or make any other use of the Software.
5. Permitted Copying. You may make only the following copies of the Software: (i) you may copy the Software from the CD ROM that you purchase 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 printed materials (the "Printed Materials") accompany the Software. The Software, the Printed Materials, and all copyrights, trademarks, and all other conceivable intellectual property rights related to the Software and the Printed Materials are owned by Id Software 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 and the Printed Materials 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, the Printed Materials or the New Creations complies with this Agreement. You agree that you are receiving a copy of the Software and the Printed Materials by limited 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 or the Printed Materials. This section shall survive the cancellation or termination of this Agreement.
7. NO ID SOFTWARE WARRANTIES. ID SOFTWARE 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, THE PRINTED MATERIALS, THE SOFTWARE IMAGES, AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. ID SOFTWARE 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 SOFTWARE AND SHOULD NOT BE RELIED UPON. This section shall survive the cancellation or termination of this Agreement.
8. Limited Activision Warranty. Activision warrants to the original consumer purchaser of the Software that the recording medium on which the Software is recorded will be free from defects in material and workmanship for ninety (90) days from the date of purchase. If the recording medium is found defective within ninety (90) days of original purchase, Activision agrees to replace, free of charge, any Software discovered to be defective within such period upon its receipt of the Software, postage paid, with the proof of the date of purchase, as long as the Software still is being manufactured by Activision. In the event that the Software no longer is available, Activision retains the right to substitute a similar game program of equal or greater value. This warranty is limited to the recording medium containing the Software as originally provided by Activision and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE ACTIVISION.
When returning the Software for warranty replacement, the original Software disks must be sent only in protective packaging and include: (1) photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you are encountering, and the system on which you are running the Software; and (4) if you are returning the Software after the ninety (90) day warranty period, but within one (1) year after the date of purchase, please include check or money order for $10.00 U.S. (A$19 for Australia, or £10.00 for Europe) currency per CD or floppy disk replacement. Note: Certified mail recommended.
In the United States, send to:
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, California 90067
In Europe, send to:
Warranty Replacements
Activision
Parliament House
St. Laurence Way
Slough, Berkshire SL1 2BW
United Kingdom
In Australia and Asia Pacific territories, send to:
Warranty Replacements
Activision
Level 5, 51 Rawson street
Epping, NSW 2121
Australia
9. 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. Except as set forth below, 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. Exclusive venue for all litigation involving Activision, but not involving Id Software, with regard to this Agreement shall be in Los Angeles County, California, and you agree to submit to the jurisdiction of the courts in Los Angeles, California, for any such litigation. You hereby agree to indemnify, defend and hold harmless Id Software and Activision and Id Software'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 New Creations or the distribution or other use of the New Creations or relating to and/or arising from your breach of this Agreement. You agree that your unauthorized use of the Software Images, the Printed Materials, or the Software, or any part thereof, immediately and irreparably may damage Id Software such that Id Software could not be adequately compensated solely by a monetary award, and in such event, at Id Software's option, that Id Software 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 Software posting bond or other security. IN ANY CASE, ID SOFTWARE, ACTIVISION, AND ID SOFTWARE AND ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUB-LICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, 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 SOFTWARE, ACTIVISION, OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED 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.
10. United States Government Restricted Rights. To the extent applicable, the United States Government shall have only those rights to use the Software and the Printed Materials as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204, inclusive.
11. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Id Software 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 Id Software 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 YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND ID SOFTWARE AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software, the Printed Materials, or the New Creations, in any manner, you immediately shall destroy all copies of the Software, the Printed Materials, and the New Creations in your possession, custody, or control, and all rights granted hereunder shall revert, without notice, to and be vested in Id Software.
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 OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS, IF ANY, AMONG ID SOFTWARE, ACTIVISION, 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, AMONG ID SOFTWARE, ACTIVISION, AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
This DOOM 3 Limited Use Software License Agreement (this "Agreement") is a legal agreement among you, the end-user, and Id Software, Inc. ("Id Software"), and Activision Publishing, Inc. ("Activision"). BY CONTINUING THE INSTALLATION OF THE FULL VERSION GAME 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 OF THIS AGREEMENT.
1. Grant of License. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, Id Software grants to you the non-exclusive and limited right to use the Software only in executable or object code form. 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 sections 2 and 4 hereinbelow. You agree that the Software will not be downloaded, shipped, transferred, exported or re 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 the Software in any other manner 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 Software reserves all rights not granted in this Agreement, including, without limitation, all rights to Id Software's trademarks.
2. 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 Software 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 re 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 the New Creations in any other manner in violation of any applicable law. The New Creations 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. 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 to distribute, without any cost or charge, the New Creations only to other end-users so long as such distribution is not infringing against any third-party right and otherwise is not 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.
3. 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, 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 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;
l. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software or the Printed Materials (as defined in section 5 hereinbelow); or
m. remove, alter, modify, disable, or reduce any of the anti-piracy measures contained in the Software, including, without limitation, measures relating to multiplayer play.
4. Prohibition against Cheat Programs. Any attempt by you, either directly or indirectly, to circumvent or bypass any element of the Software to gain any advantage in multiplayer play of the Software is a material breach of this Agreement. It is a material breach of this Agreement for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or otherwise make any use of any software program or any modification to the Software ("Cheat Program") itself that enables or allows the user thereof to obtain an advantage or otherwise exploit another Software player or user when playing the Software against other players or users on a local area network, any other network, or on the Internet. Hacking into the executable of the Software, modification of the Software, or any other use of the Software in connection with the creation, development, or use of any such unauthorized Cheat Program is a material breach of this Agreement. Cheat Programs include, but are not limited to, programs that allow Software players or users to see through walls or other level geometry; programs that allow Software players or users to change their rate of speed outside the allowable limits of the Software; programs that crash either and/or other Software players, users, PC clients, or network servers; programs that automatically target other Software players or users (commonly referred to as "aimbots") that automatically simulate Software player or user input for the purpose of gaining an advantage over other Software players or users; or any other program or modification that functions in a similar capacity or allows any prohibited conduct.
In the event you breach this section or otherwise breach this Agreement, your license and this Agreement automatically shall terminate, without notice, and you shall have no right to play the Software against other players or make any other use of the Software.
5. Permitted Copying. You may make only the following copies of the Software: (i) you may copy the Software from the CD ROM that you purchase 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 printed materials (the "Printed Materials") accompany the Software. The Software, the Printed Materials, and all copyrights, trademarks, and all other conceivable intellectual property rights related to the Software and the Printed Materials are owned by Id Software 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 and the Printed Materials 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, the Printed Materials or the New Creations complies with this Agreement. You agree that you are receiving a copy of the Software and the Printed Materials by limited 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 or the Printed Materials. This section shall survive the cancellation or termination of this Agreement.
7. NO ID SOFTWARE WARRANTIES. ID SOFTWARE 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, THE PRINTED MATERIALS, THE SOFTWARE IMAGES, AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. ID SOFTWARE 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 SOFTWARE AND SHOULD NOT BE RELIED UPON. This section shall survive the cancellation or termination of this Agreement.
8. Limited Activision Warranty. Activision warrants to the original consumer purchaser of the Software that the recording medium on which the Software is recorded will be free from defects in material and workmanship for ninety (90) days from the date of purchase. If the recording medium is found defective within ninety (90) days of original purchase, Activision agrees to replace, free of charge, any Software discovered to be defective within such period upon its receipt of the Software, postage paid, with the proof of the date of purchase, as long as the Software still is being manufactured by Activision. In the event that the Software no longer is available, Activision retains the right to substitute a similar game program of equal or greater value. This warranty is limited to the recording medium containing the Software as originally provided by Activision and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE ACTIVISION.
When returning the Software for warranty replacement, the original Software disks must be sent only in protective packaging and include: (1) photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you are encountering, and the system on which you are running the Software; and (4) if you are returning the Software after the ninety (90) day warranty period, but within one (1) year after the date of purchase, please include check or money order for $10.00 U.S. (A$19 for Australia, or £10.00 for Europe) currency per CD or floppy disk replacement. Note: Certified mail recommended.
In the United States, send to:
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, California 90067
In Europe, send to:
Warranty Replacements
Activision
Parliament House
St. Laurence Way
Slough, Berkshire SL1 2BW
United Kingdom
In Australia and Asia Pacific territories, send to:
Warranty Replacements
Activision
Level 5, 51 Rawson street
Epping, NSW 2121
Australia
9. 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. Except as set forth below, 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. Exclusive venue for all litigation involving Activision, but not involving Id Software, with regard to this Agreement shall be in Los Angeles County, California, and you agree to submit to the jurisdiction of the courts in Los Angeles, California, for any such litigation. You hereby agree to indemnify, defend and hold harmless Id Software and Activision and Id Software'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 New Creations or the distribution or other use of the New Creations or relating to and/or arising from your breach of this Agreement. You agree that your unauthorized use of the Software Images, the Printed Materials, or the Software, or any part thereof, immediately and irreparably may damage Id Software such that Id Software could not be adequately compensated solely by a monetary award, and in such event, at Id Software's option, that Id Software 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 Software posting bond or other security. IN ANY CASE, ID SOFTWARE, ACTIVISION, AND ID SOFTWARE AND ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUB-LICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, 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 SOFTWARE, ACTIVISION, OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED 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.
10. United States Government Restricted Rights. To the extent applicable, the United States Government shall have only those rights to use the Software and the Printed Materials as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204, inclusive.
11. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Id Software 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 Id Software 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 YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND ID SOFTWARE AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software, the Printed Materials, or the New Creations, in any manner, you immediately shall destroy all copies of the Software, the Printed Materials, and the New Creations in your possession, custody, or control, and all rights granted hereunder shall revert, without notice, to and be vested in Id Software.
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 OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS, IF ANY, AMONG ID SOFTWARE, ACTIVISION, 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, AMONG ID SOFTWARE, ACTIVISION, AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Let's not forget out this http://www.copyright.gov/title17/92chap1.html#107
Why doesn't everyone just buy HL2, and buy or play no other game for the next 5 years until the gaming industry finds a better way to treat it's honest customers. Oh I forgot, people are weak and like to be mistreated.
Why doesn't everyone just buy HL2, and buy or play no other game for the next 5 years until the gaming industry finds a better way to treat it's honest customers. Oh I forgot, people are weak and like to be mistreated.
ninethreeeleven
TKer
- Joined
- Jul 16, 2004
- Messages
- 2,042
I think that them putting "obscene" in there is quite odd, seeing that obscene is a subjective term and that what I find obscene may or may not be what you find obscene. I for one find using a chainsaw on a zombie to be obscene.
So selling it to your little brother, selling it on Ebay, letting your litte brother borrow it, giving it to him when your bored with it will break the contract.
Anyway on the subject on hand.... I did not see anything about the game not allowing you to have other software. I did not see anything about conflicting software. And I did not see anything about fines and penalties for breaking the EULA (which is a good basis for a lawsuit, you can sue them for what they would have sued you for.)
Does them not having this information break the EULA on thier part, not necessarily, but I am sure the EFF will want to know about this.
At least I think you could write Activision or Id (but I am guessing Activision put the blocking code in the software) and tell them you demand a refund (great for you guys who hated the game) because the game will not work on your system and there is nothing on your system breaking the EULA.
You cannot change DOOM3 software to make it play with the emulation software present, since that breaks the EULA. But if there is a way to play it without changing the code, while keeping the emulation software present, then you will not be breaking the EULA.
What seems to be missing from all of these so called "agreements".
THIS AGREEMENT, made this _____ day of__________, 20 ____, by and between _______________ (First Party) and ___________________ (Second Party).
WITNESSETH: That in consideration of the mutual covenants and agreements to be kept and performed on the part of said parties hereto, respectively as herein stated, the said party of the first part does hereby covenant and agree that it shall:
I.
II. And said party of the second part covenants and agrees that it shall:
III. Other terms to be observed by and between the parties:
This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence on all undertakings. This agreement shall be enforced under the laws of the State of ___________________________. This is the entire agreement.
Signed the day and year first above written.
Signed in the presence of:
______________________________ ______________________________
Witness First Party
______________________________ ______________________________
Witness Second Party
THIS AGREEMENT, made this _____ day of__________, 20 ____, by and between _______________ (First Party) and ___________________ (Second Party).
WITNESSETH: That in consideration of the mutual covenants and agreements to be kept and performed on the part of said parties hereto, respectively as herein stated, the said party of the first part does hereby covenant and agree that it shall:
I.
II. And said party of the second part covenants and agrees that it shall:
III. Other terms to be observed by and between the parties:
This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence on all undertakings. This agreement shall be enforced under the laws of the State of ___________________________. This is the entire agreement.
Signed the day and year first above written.
Signed in the presence of:
______________________________ ______________________________
Witness First Party
______________________________ ______________________________
Witness Second Party
BoogerBomb
Supreme [H]ardness
- Joined
- Jan 10, 2003
- Messages
- 6,470
Another piece of software that priates use is an OS so no OS should be allowed on the computer while trying to play the game. IE could be used to get cheats and pirate information for the game so it must not be on the computer either. Nero is used by pirates to burn stolen images so that should no allowed either right?
A software company telling you what you can and cannot have installed on your computer is bullshit. Having a cd-check doesn't do jack shit to stop people from ripping the game so why bother putting it on there.
A software company telling you what you can and cannot have installed on your computer is bullshit. Having a cd-check doesn't do jack shit to stop people from ripping the game so why bother putting it on there.
Don't get so worked up about minor issues guys. If you are inconvinienced by cd checks just go to www.gamecopyworld.com ( which is btw 100% legal site) and get your relief there.
The whole no lending/selling/renting thing is unenforcable because it is in DIRECT conflict with Federal copyright law which grants the purchaser of software those rights. I don't know of anytime a contract can be binding when it's in conflict with what's in the law.
Dont know if this has been mentioned (quite a bit to read)...
You dont have to uninstall Alcohol....
Sacred gave me the same BS...
Just go into alcohol and set virtual drives to 0....game should run fine....
This way you can run other games from your virtual drive and just switch it off when you play the "other" games...
You dont have to uninstall Alcohol....
Sacred gave me the same BS...
Just go into alcohol and set virtual drives to 0....game should run fine....
This way you can run other games from your virtual drive and just switch it off when you play the "other" games...
So are all the [H] people who are good at reading Legalese in agreement that the EULA set forth for Doom3 which we all agree to makes no provisions for not being able to run when certain software is present (CloneCD and Alchohol120%). If nobody sees that in there, then I'm all for us carrying forward a Class Action Lawsuit against Activision and ID Software (yea personally I don't want to see ID Software sued, but the fact is that if they are listed on the lawsuit, they will think twice and have explicit clauses in contracts regarding this issue before signing production rights of thier programs over to companies that pull stunts like this). It might even come out later that Activision put this code into the program without the knowledge of ID Software, so who knows. One thing I am certain of, if nobody challenges this kind of behaivior, eventually game manufacturers will take more encroaching steps on the End User with regard to what software will be allowable while the game is present. It is only CloneCD and Alchohol120% today, but it is feasible that in a couple years it could be Nero or some other popular CD ripping/copying program.
Here's my favorite line of all from the Doom 3 EULA
Therefore, programs such as Alcohol and CloneCD are perfectly legal and useable, AND it says as much in the EULA (thought that is more through interpretation).
It seems to me that most of you are missing the main point of it being the principle, rather than the fact that it is telling him that. Several people mentioned "it's my PC, and I will have the programs on it that I will".
Therefore, programs such as Alcohol and CloneCD are perfectly legal and useable, AND it says as much in the EULA (thought that is more through interpretation).
It seems to me that most of you are missing the main point of it being the principle, rather than the fact that it is telling him that. Several people mentioned "it's my PC, and I will have the programs on it that I will".