REGISTRATION FORM
id Beta - Account Registration - Step 1 / 3
Non Disclosure Agreement (NDA):
QUAKE LIVE™ BETA TESTER AGREEMENT This QUAKE LIVE™ BETA TESTER AGREEMENT (this "Agreement") is a legal agreement among you, the beta tester, and Id Software, Inc. ("Id Software"). BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THIS BETA VERSION OF THE SOFTWARE GAME QUAKE LIVE™ (THE "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM, OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 1. Grant of License. Id Software reserves all rights not granted in this Agreement. 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 operate the Software to identify bugs and errors (collectively, "BUGS") and to develop comments, opinions, and other feedback or input on the play, functionality, and performance of the Software (collectively, "FEEDBACK"). The Agreement shall become effective beginning upon the date you access the Software and shall expire without notice upon the earlier of your receipt of a notice of termination from Id Software and your completion of your review of the Software. You may copy and use the Software only as permitted under Section 5. 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, including without limitation the trademark QUAKE LIVE™, and you agree you are not receiving any right to use any Id Software trademark. 2. Reporting. You shall report all BUGS and FEEDBACK to Id Software promptly upon identifying the same and only at either beta tester forums at Id Software's designated QUAKE LIVE™ web site or to Id Software directly. 3. Confidentiality. You agree that the Software is valuable trade secret, proprietary, and confidential information and material of Id Software. During the Term and in perpetuity thereafter, you shall not disclose or reveal the Software, shall maintain the Software in the strictest confidence, and take all necessary measures to protect the confidentiality of and to prevent the disclosure or misuse of the Software. Your unauthorized use or disclosure of the Software, whether in whole or in part, immediately and irreparably would damage Id Software such that Id Software could not be compensated adequately by an award of monetary damages, and in the event of such threatened or actual unauthorized use or disclosure, Id Software shall be entitled to an injunctive order appropriately restraining and/or prohibiting such unauthorized use without the necessity of Id Software posting bond or other security. You shall return the Software, and all copies thereof, to Id Software and erase any copies thereof that may be held in magnetic, electronic, or other form of storage promptly on the earlier to occur of:: (i) the request by Id Software; (ii) your completion of your review of the Software in connection with this Agreement; or (iii) the expiration, termination, or cancellation of this Agreement. This Section shall survive the cancellation or termination of this Agreement. 4. Prohibitions. You, whether directly or indirectly, shall not do any of the following acts: a. rent, sell, lend or lease the Software; b. offer the Software on a pay-per-play basis; c. distribute the Software; d. in manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose; e. disassemble, reverse engineer, decompile, modify (except as permitted herein) or alter the Software; f. translate, reproduce or copy the Software (except as permitted herein); g. publicly display the Software; h. prepare or develop derivative works based upon the Software; i. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software; or j. remove, alter, modify, disable, or reduce any of the anti-piracy measures contained in the Software, including, without limitation, measures relating to multiplayer play. 5. Permitted Copying and Use. Subject to the terms and conditions of this Agreement, you may: (i) download one (1) copy of the Software onto your computer RAM; and (ii) copy the Software from your computer RAM onto your computer hard drive. You may only use the Software for the purposes of testing for BUGS and providing FEEDBACK to Id Software. 6. Intellectual Property Rights. The Software and all copyrights, trademarks, and all other conceivable intellectual property rights related to the Software 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 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. 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 that you are receiving a copy of the Software 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. This Section shall survive the cancellation or termination of this Agreement. 7. Warranties and Representations. You acknowledge that the Software contains proprietary and trade secret information that is the exclusive property of Id Software and that you own no rights thereto. You acknowledge the valuable, unique, trade secret, and proprietary nature of the Software. You warrant and represent that make no current claim nor will it make any future claim whatsoever to the Software. You warrant and represent that you have the legal capacity and authority to become bound by the terms of this Agreement and to perform your obligations hereunder. You warrant and represent that you will comply at all times during the Term with all applicable laws, regulations, ordinances, and statutes. 8. DISCLAIMER OF 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 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. 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. You hereby agree to indemnify, defend and hold harmless Id Software and Id Software's 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 your breach of this Agreement. ID SOFTWARE AND ID SOFTWARE'S OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUB-LICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES 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 OR ITS 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 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 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 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 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, THE LICENSE GRANTED TO YOU HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND ID SOFTWARE 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, in any manner, you immediately shall destroy all copies of the Software in your possession, custody, or control, and all rights granted hereunder to you shall revert, without notice, to and be vested in Id Software. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND YOU UNDERSTAND THAT, BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM, OR OTHER STORAGE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN, SEPARATE AGREEMENTS, IF ANY, BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO RELATING TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS, OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. QUAKE LIVE BETA TESTER --------------------------------------------------------------------- PunkBuster SOFTWARE LICENSE AGREEMENT The terms of this Software License Agreement (this "Agreement") shall apply to all versions, editions, and future updates of PunkBuster software and constitute a legal agreement between you (the "Licensee") and Even Balance, Inc. (the "Licensor"). BY INSTALLING, ENABLING OR USING PUNKBUSTER SOFTWARE, THE LICENSEE IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ACCEPTANCE MUST NOT BE SPECIFIED BELOW AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE. EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN. Licensor grants Licensee a non-exclusive and non-transferable license to use PunkBuster software only for non-commercial entertainment purposes. Licensee may not disassemble, decompile, reverse engineer, redistribute (in any form), create derivative works of, or modify PunkBuster software in any way. Licensor reserves the right to terminate the license at any time and for any reason, or no reason at all, and without notice to licensee. Additionally, upon breach of any term of this Agreement, the license granted under this Agreement shall automatically terminate without any additional notice to Licensee. Upon termination of the license, Licensee shall destroy all copies of PunkBuster software in Licensee's possession. Licensee acknowledges that PunkBuster software is optional and is not a requirement in any respect for using or enjoying games that integrate PunkBuster software technology. Licensee also acknowledges and agrees that PunkBuster software is self-updating, which means that future updates will, from time to time and without any notice, automatically be downloaded and installed as a normal and expected function of PunkBuster software. Licensee further acknowledges and accepts that PunkBuster software may be considered invasive. Licensee understands that PunkBuster software inspects and reports information about the computer on which it is installed to other connected computers and Licensee agrees to allow PunkBuster software to inspect and report such information about the computer on which Licensee installs PunkBuster software. Licensee understands and agrees that the information that may be inspected and reported by PunkBuster software includes, but is not limited to, Licensee's Internet Protocol Address, devices and any files residing on the hard-drive and in the memory of the computer on which PunkBuster software is installed. Licensee acknowledges and agrees that if Licensee does not want Licensor to collect and process such information, Licensee should not use the PunkBuster software. Further, Licensee consents to allow PunkBuster software to transfer actual screenshots taken of Licensee's computer during the operation of PunkBuster software for possible publication. Licensee understands that the purpose and goal of PunkBuster is to ensure a cheat-free environment for all participants in online games. Licensee agrees that the invasive nature of PunkBuster software is necessary to meet this purpose and goal. Licensee agrees that any harm or lack of privacy resulting from the installation and use of PunkBuster software is not as valuable to Licensee as the potential ability to play interactive online games with the benefits afforded by using PunkBuster software. Licensee agrees not to export or re-export into any country subject to U.S. trade sanctions or to which the U.S. has embargoed goods or to any nationals or residents of such countries unless such nationals are permanent residents of a country that is not subject either to such sanctions or embargoed goods. LICENSEE AGREES NOT TO DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A COUNTRY OR LOCALE WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE. This Software License Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas and applicable United States federal law. Exclusive venue for all litigation regarding this Agreement shall be in Harris County, Texas. Licensee agrees that any portion of this Agreement found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable. PUNKBUSTER SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, AND WITHOUT LIMITATION, THAT IT IS FREE OF DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR THAT IT IS MERCHANTABLE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF PUNKBUSTER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MEET LICENSEE'S SPECIFIC REQUIREMENTS OR DESIRES. LICENSEE AGREES THAT NEITHER EVEN BALANCE, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, BUSINESS PARTNERS, SUCCESSORS NOR ASSIGNS SHALL BE LIABLE FOR ANY CLAIM WHATSOEVER INVOLVING PUNKBUSTER SOFTWARE IN ANY WAY. FURTHERMORE, SHOULD ANY VERSION OF PUNKBUSTER SOFTWARE, INCLUDING FUTURE VERSIONS, PROVE DEFECTIVE IN ANY WAY, LICENSEE ASSUMES THE ENTIRE COST, IF ANY, OF LOSS OR DAMAGE OF ANY TYPE AND TO ANY DEGREE. THIS WARRANTY DISCLAIMER SHALL SURVIVE TERMINATION OF THE LICENSE OF PUNKBUSTER SOFTWARE BY LICENSEE, REGARDLESS OF WHETHER THE LICENSE IS TERMINATED BY EVENBALANCE, INC. OR LICENSEE. This Agreement constitutes the entire agreement between Licensor and Licensee and supercedes any prior statements, whether written or oral.
I have read and agree to the terms above
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