Saturday, March 31, 2007

11. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ID SOFTWARE BE LIABLE TO LICENSEE FOR ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, WHETHER OR NOT ID SOFTWARE RECEIVES NOTICE OF ANY SUCH DAMAGES.

12. Disclaimer of Warranties. ID SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE AUTHORIZED COPY AND OTHERWISE.

13. Goodwill. Licensee recognizes the great value of the goodwill associated with the Subject Game and the Trademarks, and acknowledges that such goodwill, now existing and hereafter created, exclusively belongs to Id Software and that the Trademarks have acquired a secondary meaning in the mind of the public.

Wednesday, March 28, 2007

Indemnification.

Licensee hereby agrees to indemnify, hold harmless and defend Id Software and Id Software's predecessors, successors, assigns, officers, directors, shareholders, employees, agents, representatives, licensees (but not including Licensee), sublicensees, distributors, attorneys and accountants (collectively, the "Id Related Parties") from and against any and all “Claims”, which shall mean all damages, claims, losses, causes of action, liabilities, lawsuits, judgments and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising from, relating to or in connection with (i) a breach of this Agreement by Licensee and/or (ii) Licensee's use or non-use of the Authorized Copy. Id Software agrees to notify Licensee of any such Claims within a reasonable time after Id Software learns of same. Licensee, at its own expense, shall defend Id Software and the Id Related Parties from and against any and all Claims. Id Software and the Id Related Parties reserve the right to participate in any defense of the Claims with counsel of their choice, and at their own expense. In the event Licensee fails to provide a defense, then Licensee shall be responsible for paying the attorneys' fees and expenses incurred by Id Software and the Id Related Parties regarding the defense of the Claims. Id Software and the Id Related Parties, as applicable, agree to reasonably assist in the defense of the Claims. No settlement by Licensee of any Claims shall be valid unless Licensee receives the prior written consent of Id Software and the Id Related Parties, as applicable, to any such settlement.

Tuesday, March 27, 2007

Termination or expiration of this Agreement shall not create any liability against Id Software and shall not relieve Licensee from any liability which arises prior to termination or expiration. Upon expiration or earlier termination of this Agreement, Licensee shall have no further right to exercise the rights licensed hereunder or otherwise acquired in relation to this Agreement.

9. Licensee's Warranties. Licensee warrants and represents that (i) Licensee has full legal rights to enter into and become bound by the terms of this Agreement, to perform Licensee’s obligations hereunder; (ii) Licensee will comply, at all times during the Term, with all applicable laws, as set forth hereinabove; (iii) all Royalty statements shall be true, accurate and correct and (iv) all Books and Accounts shall be true, accurate and correct.

Monday, March 26, 2007

Term and Termination.

a. The term of this Agreement and the license granted herein begins on the Effective Date and shall expire, without notice, on a date one (1) calendar year from the Effective Date (the “Term”).

b. Either party may terminate this Agreement, for any reason or no reason, on thirty (30) days written notice to the other party. Termination will be effective on the thirtieth (30th) day following delivery of the notice of termination. Notwithstanding anything to the contrary herein, this Agreement shall immediately terminate, without the requirement of any notice from Id Software to Licensee, upon the occurrence of any of the following “Terminating Events”: (i) if Licensee files a petition in bankruptcy; (ii) if Licensee makes an assignment for the benefit of creditors; (iii) if any bankruptcy proceeding or assignment for benefit of creditors is commenced against Licensee and not dismissed within sixty (60) days after the date of its commencement; (iv) the insolvency of Licensee; or (v) the cessation by Licensee of its business. Upon the occurrence of a Terminating Event, this Agreement and any and all rights hereunder shall terminate without prejudice to any rights or claims Id Software may have, and all rights granted hereunder shall revert, without notice, to and be vested in Id Software.

Sunday, March 25, 2007

Compliance with Applicable Laws.

In exercising Licensee’s limited rights hereunder, Licensee shall comply with all applicable laws, [including, without limitation, 22 U.S.C., §2778 and 22 U.S.C. C.F.R. Parts 120-130 (1995)] regulations, ordinances and statutes, including, but not limited to, the import/export laws and regulations of the United States and its governmental and regulatory agencies (including, without limitation, the Bureau of Export Administration and the U.S. Department of Commerce) and all applicable international treaties and laws.

Ownership.

Title to and all ownership rights in and to the Subject Game and the Trademarks and the copyrights, trade secrets, trademarks, patents and all other intellectual property rights related thereto shall remain with Id Software which shall have the exclusive right to protect the same by copyright or otherwise. Licensee shall have no ownership rights in or to the Subject Game or the Trademarks and Licensee shall not own any intellectual property rights regarding the Authorized Copy, including, without limitation, the copyright in and to the Authorized Copy. Licensee acknowledges that Licensee, by this Agreement, is only receiving a limited license to use the Authorized Copy, as specified in that certain the Limited Use Software License Agreement contained within a file on the Authorized Copy and the manual accompanying the Authorized Copy and as specified in this Agreement.

Saturday, March 24, 2007

Interest.

If Id Software does not receive the applicable Royalty payment on or before the due date of such payment, Licensee agrees to pay and shall pay interest on past due Royalties owed to Id Software from such date as specified in the following sentence at a rate equal to the lesser of (i) eighteen percent (18%) per annum and (ii) the maximum interest rate per annum allowed by applicable law. For purposes of clarification, the interest referenced in the immediately preceding sentence will only begin to accrue on the first (1st) day following the due date of the due and owing, but unpaid, Royalty payment.
NOTHING HEREIN SHALL BE CONSTRUED AS A REQUEST OR DEMAND BY ID SOFTWARE FOR INTEREST AT A RATE HIGHER THAN ALLOWED BY APPLICABLE LAW. IT IS THE INTENT OF THE PARTIES HERETO THAT NO INTEREST BE CHARGED HEREUNDER WHICH EXCEEDS THE MAXIMUM RATE ALLOWED BY APPLICABLE LAW. THE INTEREST RATE APPLICABLE TO PAST DUE ROYALTY PAYMENTS SHALL NEVER EXCEED THE MAXIMUM RATE ALLOWED BY APPLICABLE LAW, UNDER ANY CIRCUMSTANCES.

Thursday, March 22, 2007

Payment of the Royalty. Licensee assumes all risks associated with fluctuations in foreign currency exchange rates. Licensee shall pay and agrees to pay all sums due Id Software in United States Dollars. With respect to Royalties used for commercial use outside the United States, other currencies shall be exchanged at the Expense of Licensee into United States Dollars using the bid price quoted at the Citibank, N.A. of New York, New York, for the purchase of United States Dollars at the close of business on the last day of the calendar quarter during which any amounts accrue. Payment of the Royalties shall be made in Dallas County, Texas.

Wednesday, March 21, 2007

Books of Account and Audits.

Licensee shall keep books of account (the “Books of Account”) relating to Licensee’s commercial use of the Authorized Copy on the basis of generally accepted accounting principles. Licensee shall maintain such Books of Account for a period of at least two (2) years after the expiration or earlier termination of this Agreement; provided, however, that Licensee shall not be required to keep such Books of Account longer than seven (7) years from their date of origination. Id Software may, upon reasonable notice and at its own expense, audit the applicable Books of Account at Licensee’s office, in order to verify the accuracy of Royalty statements rendered hereunder. Any such audit shall take place during reasonable business hours and in such manner so as not to unreasonably interfere with Licensee’s normal business activities. If in an audit of Licensee’s Books of Account it is determined that there is a short fall of ten percent (10%) or more in Royalties reported for any calendar month, in addition to payment of such short fall and interest as may be due, as provided herein, Licensee shall reimburse Id Software for the full out-of-pocket costs of the audit including reasonable travel costs and expenses; provided, however, that the amount of reimbursement paid by Licensee shall not exceed U.S. Fifteen Thousand Dollars ($15,000.00) for any audit.

Monday, March 19, 2007

Rendition of Statements.

Licensee shall account to Id Software with regard to transactions hereunder within forty-five (45) days following the conclusion of each calendar quarter. Licensee shall deliver a Royalty statement to Id Software even though no Royalty may be due for the period covered by such Royalty statement. The Royalty statements shall show in summary form the appropriate calculations relating to the computation of Royalties, if any. The Royalty statements shall also show the Gross Revenue received by Licensee per month. The Royalties payable to Id Software hereunder shall be remitted with the particular Royalty statement indicating such amount to be due.

Sunday, March 18, 2007

Financial Obligations.

a. Initial Fee. Licensee, upon Licensee’s delivery to Id Software of Licensee’s request for Id Software to enter into this Agreement, shall pay Id Software the sum of U.S. Five Hundred and No/100 Dollars ($500.00) (the “Initial Fee”) as an administrative processing fee. Upon Id Software’s execution of this Agreement, the Initial Fee shall become non-refundable. The Initial Fee shall not be recoupable as a credit against Royalties.

b. Royalties. Licensee agrees to pay Id Software a royalty (“Royalty”) at the rate of twelve and one-half (12.5%) of Net Income. The term “Net Income” shall mean all revenue received by Licensee from the commercial use of the Authorized Copy, less only Licensee’s actual, reasonable, necessary and documented costs relating directly to such use. A Royalty shall only be due for those months in which Licensee’s gross revenue from the commercial use of the Authorized Copy exceeds U.S. Five Thousand Dollars ($5,000.00) and in such months Licensee shall pay a full Royalty on one hundred percent (100%) of the gross revenue received. For those months where gross revenue is Five Thousand and No/100 Dollars ($5,000.00) or less, Licensee shall not be obligated to pay a Royalty.

Friday, March 16, 2007

Additional Obligations. In addition to the obligations of Licensee otherwise set forth in this Agreement, during the Term, and thereafter where specified, Licensee agrees that:

a. Licensee will not attack or challenge the title of Id Software to the Subject Game or the Trademarks or any copyright, patent or trademark or other intellectual property right related thereto and Licensee will not attack or challenge the validity of the license granted hereunder during the Term or thereafter; and

b. Licensee will promptly inform Id Software of any unauthorized use of the Authorized Copy, the Subject Game or the Trademarks, or any portions thereof, and will reasonably assist Id Software in the enforcement of all rights Id Software may have against such unauthorized users.

Wednesday, March 14, 2007

Reservation of Rights and Prohibitions.

Id Software expressly reserves all rights not granted herein. Any use by Licensee of the Authorized Copy not expressly permitted in paragraph 2. above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement by Licensee. Under no circumstances shall Licensee copy, reproduce, manufacture or distribute (free of charge or otherwise) the Authorized Copy or the Subject Game. Licensee shall not reverse engineer, decompile, disassemble, modify or alter the Authorized Copy. Licensee is not receiving any rights hereunder regarding the Trademarks or any artwork, sound, music or other element of the Subject Game.

Tuesday, March 13, 2007

T E R M S A N D C O N D I T I O N S

NOW, THEREFORE, for and in consideration of the mutual premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned parties do hereby agree as follows:

1. Definitions. As used in this Agreement, the parties hereto agree the words set forth below shall have the specified meanings:

a. "Authorized Copy" shall mean one (1) copy of the Subject Game, operable only on a personal computer, actually purchased from an Id Software approved retailer; and

b. "Subject Game" shall mean the full registered version of the Game on a CD-ROM and shall not mean the shareware or any other version; and

c. “Trademarks” shall mean, collectively, QUAKE II, the id logo and the Id Software name.

2. Grant of Rights. Subject to the terms and provisions of this Agreement, Id Software hereby grants to Licensee and Licensee hereby accepts, a limited, world-wide (except as otherwise provided herein), non-exclusive, non-transferable, and non-assignable license to offer, on either a “pay per play” or a “no charge” basis, the Authorized Copy as installed in a network server and/or a personal computer at only those sites owned and/or operated by Licensee. Licensee may not install an Authorized Copy on more than one (1) personal computer or network server. Licensee must actually purchase an Authorized Copy for each installation an a network server and personal computer.

Monday, March 12, 2007

COMMERCIAL EXPLOITATION LICENSE AGREEMENT FOR QUAKE II

This Commercial Exploitation License Agreement for QUAKE II (the "Agreement") is between Id Software, Inc., a Texas corporation, (hereinafter "Id Software") and Licensee (as identified on the signature page hereof) and is made effective beginning on the date of last signature hereto (the "Effective Date").

R E C I T A L S

WHEREAS, Id Software is the owner and developer of the computer software game entitled QUAKE II (the "Game");

WHEREAS, Id Software desires to license certain limited non-exclusive rights regarding the Game to Licensee; and

WHEREAS, Licensee desires to receive a limited license for such rights.

Sunday, March 11, 2007

weapon

weapon 320 320hud1 0 160 80 20
weapon_s 320 320hud1 0 180 80 20
ammo 320 320hud2 54 16 18 18
crosshair 320 crosshairs 48 24 24 24
autoaim 320 crosshairs 72 72 24 24
weapon 640 640hud1 0 180 170 45
weapon_s 640 640hud4 0 180 170 45
ammo 640 640hud7 72 72 24 24
crosshair 640 crosshairs 48 24 24 24
autoaim 640 crosshairs 72 72 24 24

Tuesday, March 06, 2007

CRDX-CPKP-CMXF-7GWX-RD7T
1) Ze slozky /ftp/os/windows/Programy/Alcohol 120% 1.9.5.3105/ stahneme, nainstalujeme a crackneme program Alcohol 120% (umožňuje vytvoření virtuální mechaniky cd/dvd která se tváří jako skutečná a dokáže emulovat některé typy ochran)

2) Spustíme program alcohol, jen co se nám vytvoří virtuální mechanika tak ho ukončíme. Otevřeme Tento Počítač a klikneme na jednu z mechanik (virtuální poznáte tak, že je u ní v menu možnost "Připojit image") Klikneme na připojit image a vybereme soubor "ccd-q4"

3) spustí se instalátor, až to po vás bude chtít sériové číslo zadejte nějaké z následujících:

RRDM-XTDW-XKTN-7CNG-DGTD
RN9G-7NKC-H9KN-77CN-DMCD
DRRF-999N-FWPC-7H7X-9D7G
RKJJ-999M-DWG7-7FMH-DDXP
RCCD-KKWT-M7CP-79FW-DJRJ

3) Po dokončení instalace zkopírujte soubor "Quake4.exe" ze složky /ftp/os/windows/Hry/Novinky/Quake 4/Crack/ do složky se hrou (musí vám vyskočit tabulka jestli chcete přepsat soubor, pokud se tak nestane tak jste ten soubor nahráli jinam, než jste měli.

4) Teď už nezbývá nic jineho než hrát :)


otázky a rady:
Mail: phate.cz@centrum.cz
ICQ: 215646357
Jabber: phate@jabber.pznet.rudna.net

Phate

CRDX-CPKP-CMXF-7GWX-RD7T

[22:05:20] R9RM-DWKW-XFX7-PT7F-DDWF DRMJ-9HX7-GMWC-7KND-HDXT JR97-FRNW-WJJX-HX7C-7ND7 RK9F-PNC7-WDFR-7GFG-DFKP
CRDX-CPKP-CMXF-7GWX-RD7T
1) Ze slozky /ftp/os/windows/Programy/Alcohol 120% 1.9.5.3105/ stahneme, nainstalujeme a crackneme program Alcohol 120% (umožňuje vytvoření virtuální mechaniky cd/dvd která se tváří jako skutečná a dokáže emulovat některé typy ochran)

2) Spustíme program alcohol, jen co se nám vytvoří virtuální mechanika tak ho ukončíme. Otevřeme Tento Počítač a klikneme na jednu z mechanik (virtuální poznáte tak, že je u ní v menu možnost "Připojit image") Klikneme na připojit image a vybereme soubor "ccd-q4"

3) spustí se instalátor, až to po vás bude chtít sériové číslo zadejte nějaké z následujících:

RRDM-XTDW-XKTN-7CNG-DGTD
RN9G-7NKC-H9KN-77CN-DMCD
DRRF-999N-FWPC-7H7X-9D7G
RKJJ-999M-DWG7-7FMH-DDXP
RCCD-KKWT-M7CP-79FW-DJRJ

3) Po dokončení instalace zkopírujte soubor "Quake4.exe" ze složky /ftp/os/windows/Hry/Novinky/Quake 4/Crack/ do složky se hrou (musí vám vyskočit tabulka jestli chcete přepsat soubor, pokud se tak nestane tak jste ten soubor nahráli jinam, než jste měli.

4) Teď už nezbývá nic jineho než hrát :)


otázky a rady:
Mail: phate.cz@centrum.cz
ICQ: 215646357
Jabber: phate@jabber.pznet.rudna.net

Phate

CRDX-CPKP-CMXF-7GWX-RD7T

Sunday, March 04, 2007

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, BETWEEN 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, BETWEEN ID SOFTWARE, ACTIVISION AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Saturday, March 03, 2007

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 BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID SOFTWARE AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU, WHICH 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, and you shall immediately 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.

Thursday, March 01, 2007

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, may immediately and irreparably 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'S AND ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUSING 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.

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 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.