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Mithran Denizen

Updated Doom user license / EULA?

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I seem to recall that the Doom Collector's Edition came with an updated (possibly more permissive?) user license. My Collector's Edition CD has long since succumbed to disc rot, though, and since I just ripped the IWADs straight off of the disc instead of installing the game normally, I don't have the license file on my computer either.

My old Registered Doom floppies don't seem to have any kind of licensing info on them, and I have the old LICENSE.DOC from my GT Interactive Doom 2 and Ultimate Doom CDs, but I'm still interested in seeing the newer version. After google failed me, I tried Id's website and Activision's support site, but with no luck. Searching the forums here brought up this post which seems to confirm my memories, but it's still not the whole thing.

So is there a copy of it floating around somewhere that I missed? Does anyone want to share it? Or do I have to buy the game again if I want to see the updated terms?

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Cool, thanks! The second license doesn't quite seem to be the one I remember, but I assume that's either because my memory is useless, or because of localization differences. Probably the former. :)

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Good old Activision EULA, aka the Heretic/Hexen source license for a good while there.

Totally inappropriate license to have on any product whose source code is open. You may not reverse engineer or derive source code? It's a GPL game engine, fucktards. Can't copy it to a hard drive??? This is roflicious. DOOM itself has always preferred to run from a hard drive (-cdrom mode is slow as hell when it has to load sounds).

Makes me wanna go bust up Bobby Kotick.

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Quasar said:

Makes me wanna go bust up Bobby Kotick.

Beat him to death with cheap plastic guitars? Count me in.

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My copy of the Collector's Edition doesn't come with that Activision license GreyGhost posted. I doubt any DOOM releases used that, so I'm not sure why he posted it. The installer in the CD I have includes this one:

LIMITED USE SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (the "Agreement") is a legal
agreement between you, the end-user, and Id Software, Inc. ("ID") and
Activision, Inc. ("Activision").  BY CONTINUING THE INSTALLATION OF THE FULL
VERSION GAME PROGRAM ENTITLED DOOM COLLECTOR'S EDITION (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 for Software.  Subject to the terms and provisions of
this Agreement and so long as you fully comply at all times with this
Agreement, ID grants to you the non-exclusive and limited right to use the
Software in executable or object code form.  The term "Software" includes all
elements of the Software such as data files, images appearing in the
Software, 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 shipped,
transferred or exported into any country in violation of the U.S. Export
Administration Act (or any other law governing such matters) by you or any
one at your direction and that you will not utilize and will not authorize
anyone to utilize, in any other manner, the Software in violation of any
applicable law.  The Software shall not be exported or re-exported into (or
to a national or resident of) any country to which the U.S. has embargoed
goods or to anyone or into any country who/which are prohibited, by
applicable law, from receiving such property.

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 grants to you the non-exclusive and limited right to create for the
Software (except any Software code) your own modifications (the "New
Creations") which shall operate only with the Software (but not any demo,
test or other version of the Software).  ID reserves all rights not granted
in this Agreement, including, without limitation, all rights to ID's
trademarks. You may include within the New Creations certain textures and
other images (the "ID Images") from the Software.  You shall not create any
New Creations which infringe against any third party right or which are
libelous, defamatory, obscene, false, misleading, or otherwise illegal or
unlawful. You agree that the New Creations will not be shipped, transferred
or exported into any country in violation of the U.S. Export Administration
Act (or any other law governing such matters) by you or anyone at your
direction and that you will not utilize and will not authorize anyone to
utilize, in any other manner, the New Creations in violation of any
applicable law.  The New Creations shall not be downloaded or otherwise
exported or re-exported into (or to a national or resident of) any country to
which the U.S. has embargoed goods or to anyone or into any country who/which
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
only permitted to distribute, without any cost or charge, the New Creations
to other end-users so long as such distribution is not infringing against
any third party right and is not otherwise illegal or unlawful.  As noted
below, in the event you commit any breach of this Agreement, your license and
this Agreement shall automatically terminate, without notice.  You hereby
agree to indemnify, defend and hold harmless ID and Activision and ID'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.  Your obligations set forth in the immediately preceding
sentence shall survive the cancellation or termination of this Agreement.

3. Prohibitions with Regard to 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; or

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

4. Permitted Copying.  You may make only the following copies of the
Software:   (i) you may copy the Software from the CD ROM which 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.

5. Intellectual Property Rights.  Certain printed materials (the "Printed
Materials") accompany the Software. The Software and 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 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 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 5. shall survive the
cancellation or termination of this Agreement.

6. No ID Warranties.  
ID 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 AND THE ID IMAGES.  ID DOES NOT WARRANT THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE
SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.  ADDITIONAL STATEMENTS,
WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE
RELIED UPON.  This section 6. shall survive the cancellation or termination
of this Agreement.

7. 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 90 days
from the date of purchase.  If the recording medium is found defective within
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 is still being manufactured by Activision.  In the event
that the Software is no longer 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 NONINFRINGEMENT, 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 a 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; (4) if you are returning the Software after the 90-day warranty
period, but within one year after the date of purchase, please include check
or money order for $10 U.S. (A$17 for Australia, or £10.00 for Europe)
currency per CD or floppy disk replacement.  Note:   Certified mail
recommended.

In the U.S. send to
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, CA 90067

In Europe send to:

WARRANTY REPLACEMENTS
ACTIVISION (UK) Ltd.
Parliament House
St Laurence Way
Slough, Berkshire
SL1 2BW
United Kingdom
Disc Replacement: + (44) 1753 756 189

In Australia and Asia Pacific territories send to:

Warranty Replacements
Activision
Century Plaza
41 Rawson Street
Epping, NSW 2121
Australia


8. Governing Law, Venue, 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.  Copyright and other
proprietary matters will be governed by applicable United States laws and
international treaties.  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 courts in Dallas, Texas for any
such litigation. Exclusive venue for all litigation involving Activision, but
not involving ID, 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 agree that your
unauthorized use of the ID Images, the Printed Materials, or the Software, or
any part thereof, may immediately and irreparably damage ID such that ID
could not be adequately compensated solely by a monetary award and that at
ID's option ID shall be entitled to an injunctive order, in addition to all
other available remedies including a monetary award, appropriately
restraining and/or prohibiting such unauthorized use without the necessity of
ID posting bond or other security.

IN ANY CASE, ID, ACTIVISION, AND ID'S AND ACTIVISION'S RESPECTIVE OFFICERS,
EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES
(EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA,
LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH
OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT  LIABILITY, OR
OTHER LEGAL THEORY EVEN IF ID, ACTIVISION OR THEIR RESPECTIVE AGENT(S) HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE
FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY.  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 8. shall survive the cancellation or termination of this Agreement.

9. U.S. Government Restricted Rights.  To the extent applicable, the United
States Government shall only have 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.

10. General Provisions.  Neither this Agreement nor any part or portion
hereof shall be assigned or sublicensed by you.  ID 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 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 AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT
NOTICE,  AND ID AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU
WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT.  In the event
this Agreement is terminated, 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.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS
AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT.  YOU FURTHER AGREE THAT, EXCEPT FOR
WRITTEN SEPARATE AGREEMENTS BETWEEN ID, ACTIVISION AND YOU, IF ANY, THIS
AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES
OF THE PARTIES HERETO.  THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS,
PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN ID,
ACTIVISION AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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myk said:

My copy of the Collector's Edition doesn't come with that Activision license GreyGhost posted. I doubt any DOOM releases used that, so I'm not sure why he posted it. The installer in the CD I have includes this one:

I can only assume (as Mithran Denizen suggested) that it's "localization differences", but that is in deed a copy/paste of the license from an Australian produced 2004 release of the Collector's Edition.

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Ah, I see, perhaps Activision had full commercialization rights in Australia, while they had to go with a license agreed with id for distribution from the US (which is where my copy came from, through Amazon).

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I've seen the same boilerplate license conditions on other Activision re-releases, though some (like Civilization: Call to Power) include additional clauses for "New Game Materials" created by players. Their omission from the Collector's Edition might well be an oversight, as was the failure to proofread another license where the list of stuff you shouldn't do is preceded by the line "You agree to:". :D

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The Activision EULA is no longer relevant anyway because, guess what, Activision no longer has any right to Id's stuff thanks to ZeniMax Media.

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Gez said:

The Activision EULA is no longer relevant anyway because, guess what, Activision no longer has any right to Id's stuff thanks to ZeniMax Media.

Are you sure that's right?

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