commit: 705eb56685009e7e2f6b68f2e55af8d8202fd37d Author: William Breathitt Gray <vilhelm.gray <AT> gmail <DOT> com> AuthorDate: Sat Aug 31 12:09:57 2019 +0000 Commit: James Le Cuirot <chewi <AT> gentoo <DOT> org> CommitDate: Thu Sep 5 20:20:24 2019 +0000 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=705eb566
games-fps/gzdoom: Bump to version 4.2.0 The 'nonfree' USE flag is introduced to allow users to control whether nonfree assets are installed. Doom assets are under the Doom Collector's Edition license. Heretic and Hexen assets are under the Activision license. Chex Quest assets are under the Chex Quest 3 license. Strife assets are freely distributable according to Stephen Kick, CEO of Nightdive Studios. Closes: https://bugs.gentoo.org/692584 Package-Manager: Portage-2.3.73, Repoman-2.3.17 Signed-off-by: William Breathitt Gray <vilhelm.gray <AT> gmail.com> Closes: https://github.com/gentoo/gentoo/pull/12833 Signed-off-by: James Le Cuirot <chewi <AT> gentoo.org> games-fps/gzdoom/Manifest | 1 + ...-4.2.0-Introduce-the-BUILD_NONFREE-option.patch | 36 ++++++ .../gzdoom/files/gzdoom-4.2.0-fluidsynth2.patch | 28 +++++ .../files/gzdoom-4.2.0-install_soundfonts.patch | 34 +++++ games-fps/gzdoom/gzdoom-4.2.0.ebuild | 79 ++++++++++++ games-fps/gzdoom/metadata.xml | 1 + licenses/Activision | 139 +++++++++++++++++++++ licenses/ChexQuest3 | 1 + licenses/DOOM-COLLECTORS-EDITION | 88 +++++++++++++ 9 files changed, 407 insertions(+) diff --git a/games-fps/gzdoom/Manifest b/games-fps/gzdoom/Manifest index a1c5d339328..d7ccd5b9e28 100644 --- a/games-fps/gzdoom/Manifest +++ b/games-fps/gzdoom/Manifest @@ -1 +1,2 @@ DIST gzdoom-4.1.3.tar.gz 13084313 BLAKE2B d082efacc99264eff92f51dac1a4ff742ee00c65fec769cd143e1ffa7a1527060735efc7325a5fd5d0950bdce52cf28941837c1a32e3e88483ece574de1fba64 SHA512 16d3db1320eaaf39477971e3724228850abe216fa792d79e288f3551ab635344c22699c10ccf9e7da4dc49543e1b5ff8be7f0053b79dc53e274e33cc17a667ac +DIST gzdoom-4.2.0.tar.gz 13482879 BLAKE2B 5c68718b840ce00a752179b4c735f064ed2ea669eff5e4bd71e3ccea3bb9af238287ddffc297cbfbe6069c658ec1d203b73790c973f836f8aa9ba33ac3ec2803 SHA512 07ad674eb22eb1388a5e3a6bd91d769fef90cb52728034e30d2967c484acaa41cfc7fc9ed486f4dbd0e86ea4d32bbafde402b771fc2fceb0708551328ef08f0d diff --git a/games-fps/gzdoom/files/gzdoom-4.2.0-Introduce-the-BUILD_NONFREE-option.patch b/games-fps/gzdoom/files/gzdoom-4.2.0-Introduce-the-BUILD_NONFREE-option.patch new file mode 100644 index 00000000000..c74d08a24a4 --- /dev/null +++ b/games-fps/gzdoom/files/gzdoom-4.2.0-Introduce-the-BUILD_NONFREE-option.patch @@ -0,0 +1,36 @@ +From 1e09b211a000c649aae6eea736647daa650141bc Mon Sep 17 00:00:00 2001 +From: William Breathitt Gray <vilhelm.g...@gmail.com> +Date: Sat, 31 Aug 2019 21:23:23 +0900 +Subject: [PATCH] Introduce the BUILD_NONFREE option + +This allow users to disable building nonfree components (brightmaps.pk3 +and game_support.pk3) if they so desire. +--- + CMakeLists.txt | 9 +++++++-- + 1 file changed, 7 insertions(+), 2 deletions(-) + +diff --git a/CMakeLists.txt b/CMakeLists.txt +index 7860358ef..23d317f42 100644 +--- a/CMakeLists.txt ++++ b/CMakeLists.txt +@@ -404,10 +404,15 @@ add_subdirectory( libraries/lzma ) + add_subdirectory( tools ) + add_subdirectory( libraries/dumb ) + add_subdirectory( libraries/gdtoa ) ++ + add_subdirectory( wadsrc ) +-add_subdirectory( wadsrc_bm ) + add_subdirectory( wadsrc_lights ) +-add_subdirectory( wadsrc_extra ) ++option (BUILD_NONFREE "Build nonfree components" ON) ++if( BUILD_NONFREE ) ++ add_subdirectory( wadsrc_bm ) ++ add_subdirectory( wadsrc_extra ) ++endif() ++ + add_subdirectory( src ) + + if( NOT CMAKE_CROSSCOMPILING ) +-- +2.23.0 + diff --git a/games-fps/gzdoom/files/gzdoom-4.2.0-fluidsynth2.patch b/games-fps/gzdoom/files/gzdoom-4.2.0-fluidsynth2.patch new file mode 100644 index 00000000000..1ae12a832b4 --- /dev/null +++ b/games-fps/gzdoom/files/gzdoom-4.2.0-fluidsynth2.patch @@ -0,0 +1,28 @@ +From: Jan Engelhardt <jeng...@inai.de> +Date: 2018-10-16 14:29:56.900427855 +0200 + +Make the build work with fluidsynth 2.x. + +--- + src/sound/mididevices/music_fluidsynth_mididevice.cpp | 5 ++++- + 1 file changed, 4 insertions(+), 1 deletion(-) + +Index: gzdoom-3.6.0/src/sound/mididevices/music_fluidsynth_mididevice.cpp +=================================================================== +--- gzdoom-3.6.0.orig/src/sound/mididevices/music_fluidsynth_mididevice.cpp ++++ gzdoom-3.6.0/src/sound/mididevices/music_fluidsynth_mididevice.cpp +@@ -78,10 +78,13 @@ extern "C" unsigned __stdcall GetSystemD + #define FLUID_CHORUS_DEFAULT_LEVEL 2.0f + #define FLUID_CHORUS_DEFAULT_SPEED 0.3f + #define FLUID_CHORUS_DEFAULT_DEPTH 8.0f +-#define FLUID_CHORUS_DEFAULT_TYPE FLUID_CHORUS_MOD_SINE + + #endif + ++#ifndef FLUID_CHORUS_DEFAULT_TYPE ++#define FLUID_CHORUS_DEFAULT_TYPE FLUID_CHORUS_MOD_SINE ++#endif ++ + // TYPES ------------------------------------------------------------------- + + // EXTERNAL FUNCTION PROTOTYPES -------------------------------------------- diff --git a/games-fps/gzdoom/files/gzdoom-4.2.0-install_soundfonts.patch b/games-fps/gzdoom/files/gzdoom-4.2.0-install_soundfonts.patch new file mode 100644 index 00000000000..1fe0b99d9a8 --- /dev/null +++ b/games-fps/gzdoom/files/gzdoom-4.2.0-install_soundfonts.patch @@ -0,0 +1,34 @@ +From 2d1c7ba17cac3ccd201e77ad01a9dd06ab22cb2e Mon Sep 17 00:00:00 2001 +From: William Breathitt Gray <vilhelm.g...@gmail.com> +Date: Thu, 13 Jun 2019 18:01:08 +0900 +Subject: [PATCH] Install soundfonts and WOPL/WOPN banks + +The INSTALL_SOUNDFONT_PATH cache entry is used to configure the +installation directory. +--- + src/CMakeLists.txt | 9 +++++++++ + 1 file changed, 9 insertions(+) + +diff --git a/src/CMakeLists.txt b/src/CMakeLists.txt +index 0bb16f39e..4ff15062d 100644 +--- a/src/CMakeLists.txt ++++ b/src/CMakeLists.txt +@@ -1451,6 +1451,15 @@ add_custom_command(TARGET zdoom POST_BUILD + ${CMAKE_SOURCE_DIR}/fm_banks/gs-by-papiezak-and-sneakernets.wopn $<TARGET_FILE_DIR:zdoom>/fm_banks/gs-by-papiezak-and-sneakernets.wopn + ) + ++if( WIN32 ) ++ set( INSTALL_SOUNDFONT_PATH . CACHE STRING "Directory where soundfonts and WOPL/WOPN banks will be placed during install." ) ++else() ++ set( INSTALL_SOUNDFONT_PATH share/games/doom CACHE STRING "Directory where soundfonts and WOPL/WOPN banks will be placed during install." ) ++endif() ++install(FILES "${PROJECT_BINARY_DIR}/soundfonts" "${PROJECT_BINARY_DIR}/fm_banks" ++ DESTINATION ${INSTALL_SOUNDFONT_PATH} ++ COMPONENT "Soundfont resources") ++ + if( CMAKE_COMPILER_IS_GNUCXX ) + # GCC misoptimizes this file + set_source_files_properties( oplsynth/fmopl.cpp PROPERTIES COMPILE_FLAGS "-fno-tree-dominator-opts -fno-tree-fre" ) +-- +2.21.0 + diff --git a/games-fps/gzdoom/gzdoom-4.2.0.ebuild b/games-fps/gzdoom/gzdoom-4.2.0.ebuild new file mode 100644 index 00000000000..4fbfe9b905b --- /dev/null +++ b/games-fps/gzdoom/gzdoom-4.2.0.ebuild @@ -0,0 +1,79 @@ +# Copyright 1999-2019 Gentoo Authors +# Distributed under the terms of the GNU General Public License v2 + +EAPI=7 + +inherit cmake-utils desktop xdg + +DESCRIPTION="A modder-friendly OpenGL source port based on the DOOM engine" +HOMEPAGE="https://zdoom.org"; +SRC_URI="https://github.com/coelckers/${PN}/archive/g${PV}.tar.gz -> ${P}.tar.gz" + +LICENSE="BSD BZIP2 DUMB-0.9.3 GPL-3 LGPL-3 MIT + nonfree? ( Activision ChexQuest3 DOOM-COLLECTORS-EDITION freedist )" +SLOT="0" +KEYWORDS="~amd64 ~x86" +IUSE="gtk gtk2 +nonfree openmp" + +DEPEND=" + media-libs/libsdl2[opengl] + media-libs/libsndfile + media-libs/openal + media-sound/fluidsynth:= + media-sound/mpg123 + sys-libs/zlib + virtual/jpeg:0 + gtk? ( + gtk2? ( x11-libs/gtk+:2 ) + !gtk2? ( x11-libs/gtk+:3 ) + )" +RDEPEND="${DEPEND}" + +S="${WORKDIR}/${PN}-g${PV}" +PATCHES=( + "${FILESDIR}/${P}-fluidsynth2.patch" + "${FILESDIR}/${P}-install_soundfonts.patch" + "${FILESDIR}/${P}-Introduce-the-BUILD_NONFREE-option.patch" +) + +src_prepare() { + rm -rf docs/licenses || die + cmake-utils_src_prepare +} + +src_configure() { + local mycmakeargs=( + -DINSTALL_DOCS_PATH="${EPREFIX}/usr/share/doc/${PF}" + -DINSTALL_PK3_PATH="${EPREFIX}/usr/share/doom" + -DINSTALL_SOUNDFONT_PATH="${EPREFIX}/usr/share/doom" + -DDYN_FLUIDSYNTH=OFF + -DDYN_OPENAL=OFF + -DDYN_SNDFILE=OFF + -DDYN_MPG123=OFF + -DNO_GTK="$(usex !gtk)" + -DNO_OPENAL=OFF + -DNO_OPENMP="$(usex !openmp)" + -DBUILD_NONFREE="$(usex nonfree)" + ) + cmake-utils_src_configure +} + +src_install() { + newicon src/posix/zdoom.xpm "${PN}.xpm" + make_desktop_entry "${PN}" "GZDoom" "${PN}" "Game;ActionGame" + cmake-utils_src_install +} + +pkg_postinst() { + xdg_pkg_postinst + + if ! use nonfree ; then + elog + elog "GZDoom installed without nonfree components." + elog "Note: The nonfree game_support.pk3 file is needed to play" + elog " games natively supported by GZDoom." + elog "A list of games natively supported by GZDoom may be found" + elog "on the ZDoom wiki: https://zdoom.org/wiki/IWAD"; + elog + fi +} diff --git a/games-fps/gzdoom/metadata.xml b/games-fps/gzdoom/metadata.xml index cfd1b5ffe56..5b213dc3991 100644 --- a/games-fps/gzdoom/metadata.xml +++ b/games-fps/gzdoom/metadata.xml @@ -18,6 +18,7 @@ </maintainer> <use> <flag name="gtk2">Enable support for GTK+2 instead of GTK+3</flag> + <flag name="nonfree">Enable non-free components</flag> </use> <upstream> <bugs-to>https://forum.zdoom.org/viewforum.php?f=2</bugs-to> diff --git a/licenses/Activision b/licenses/Activision new file mode 100644 index 00000000000..e7c5e01123a --- /dev/null +++ b/licenses/Activision @@ -0,0 +1,139 @@ +SOFTWARE LICENSE AGREEMENT + +IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE +LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL SOFTWARE INCLUDED WITH +THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR +ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. +BY OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM AND ANY SOFTWARE +PRGRAMS INCLUDED WITHIN, YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION, +INC. ("ACTIVISION"). + + LIMITED USE LICENSE. Subject to the conditions described below, Activision +grants you the non-exclusive, non-transferable, limited right and license to +install and use one copy of this Program solely and exclusively for your +personal use. All rights not specifically granted under this Agreement are +reserved by Activision and, as applicable, Activision's licensors. This Program +is licensed, not sold, for your use. Your license confers no title or ownership +in this Program and should not be construed as a sale of any rights in this +Program. + + LICENSE CONDITIONS. +You shall not: +o Exploit this Program or any of its parts commercially. +o Use this Program, or permit use of this Program, on more than one computer, +computer terminal, or workstation at the same time. +o Make copies of this Program or any part thereof, or make copies of the +materials accompanying this Program. +o Use the program, or permit use of this Program, in a network, multi-user +arrangement or remote access arrangement, including any online use, except as +otherwise explicitly provided by this Program. +o Sell, rent, lease or license any copies of this Program, without the express +prior written consent of Activision. +o Remove, disable or circumvent any proprietary notices or labels contained on +or within the Program. + + OWNERSHIP. All title, ownership rights and intellectual property rights in and +to this Program and any and all copies thereof (including but not limited to any +titles, computer code, themes, objects, characters, character names, stories, +dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical +compositions, audio-visual effects, methods of operation, moral rights, any +related documentation, and "applets" incorporated into this Program) are owned +by Activision, affiliates of Activision or Activision's licensors. This Program +is protected by the copyright laws of the United States, international copyright +treaties and conventions and other laws. This Program contains certain licensed +materials and Activision's licensors may protect their rights in the event of +any violation of this Agreement. + +PROGRAM UTILITIES. This Program contains certain design, programming and +processing utilities, tools, assets and other resources ("Program Utilities") +for use with this Program that allow you to create customized new game levels +and other related game materials for personal use in connection with the Program +("New Game Materials"). The use of the Program Utilities is subject to the +following additional license restrictions: + +" You agree that, as a condition to your using the Program Utilities, you will +not use or allow third parties to use the Program Utilities and the New Game +Materials created by you for any commercial purposes, including but not limited +to selling, renting, leasing, licensing, distributing, or otherwise transferring +the ownership of such New Game Materials, whether on a stand alone basis or +packaged in combination with the New Game Materials created by others, through +any and all distribution channels, including, without limitation, retail sales +and on-line electronic distribution. You agree not to solicit, initiate or +encourage any proposal or offer from any person or entity to create any New Game +Materials for commercial distribution. You agree to promptly inform Activision +in writing of any instances of your receipt of any such proposal or offer. +" If you decide to make available the use of the New Game Materials created by +you to other gamers, you agree to do so solely without charge. +" New Game Materials may be created only if such New Game Materials can be used +exclusively in combination with the retail version of the Program. New Game +Materials may not be designed to be used as a stand-alone product. +" New Game Materials must not contain any illegal, obscene or defamatory +materials, materials that infringe rights of privacy and publicity of third +parties or (without appropriate irrevocable licenses granted specifically for +that purpose) any trademarks, copyright-protected works or other properties of +third parties. +" All New Game Materials must contain prominent identification at least in any +on-line description and with reasonable duration on the opening screen: (a) the +name and E-mail address of the New Game Materials' creator(s) and (b) the words +"THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION." + +WARRANTY INFORMATION. THIS PROGRAM IS PROVIDED AS IS. ACTIVISION AND ITS +AFFILIATES MAKE NO WARRANTIES OF ANY KIND, 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 OR ITS AFFILIATES. + +LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION OR ANY AFFILIATES OF +ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING +FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO +PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT +PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN +ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION'S LIABILITY SHALL NOT +EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME +STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS +AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO +THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY +TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER +RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. + +TERMINATION. Without prejudice to any other rights of Activision, this Agreement +will terminate automatically if you fail to comply with its terms and +conditions. In such event, you must destroy all copies of this Program and all +of its component parts. +U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation have been +developed entirely at private expense and are provided as "Commercial Computer +Software" or "restricted computer software." Use, duplication or disclosure by +the U.S. Government or a U.S. Government subcontractor is subject to the +restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical +Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in +subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted +Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is +Activision, Inc., 3100 Ocean Park Boulevard, Santa Monica, California 90405. + +INJUNCTION. Because Activision would be irreparably damaged if the terms of this +Agreement were not specifically enforced, you agree that Activision shall be +entitled, without bond, other security or proof of damages, to appropriate +equitable remedies with respect to breaches of this Agreement, in addition to +such other remedies as Activision may otherwise have under applicable laws. + +INDEMNITY. You agree to indemnify, defend and hold Activision, its partners, +affiliates, licensors, contractors, officers, directors, employees and agents +harmless from all damages, losses and expenses arising directly or indirectly +from your acts and omissions to act in using the Product pursuant to the terms +of this Agreement + +MISCELLANEOUS. This Agreement represents the complete agreement concerning this +license between the parties and supersedes all prior agreements and +representations between them. It may be amended only by a writing executed by +both parties. If any provision of this Agreement is held to be unenforceable for +any reason, such provision shall be reformed only to the extent necessary to +make it enforceable and the remaining provisions of this Agreement shall not be +affected. This Agreement shall be construed under California law as such law is +applied to agreements between California residents entered into and to be +performed within California, except as governed by federal law and you consent +to the exclusive jurisdiction of the state and federal courts in Los Angeles, +California. + +If you have any questions concerning this license, you may contact Activision at +3100 Ocean Park Boulevard, Santa Monica, California 90405, (310) 255-2000, +Attn. Business and Legal Affairs, le...@activision.com diff --git a/licenses/ChexQuest3 b/licenses/ChexQuest3 new file mode 100644 index 00000000000..7faed0324d8 --- /dev/null +++ b/licenses/ChexQuest3 @@ -0,0 +1 @@ +Chex (R) and Chex Quest (R) are trademarks of General Mills, Inc. Chex Quest 3 cannot be bought or sold under any circumstances. diff --git a/licenses/DOOM-COLLECTORS-EDITION b/licenses/DOOM-COLLECTORS-EDITION new file mode 100644 index 00000000000..7ff691d41b5 --- /dev/null +++ b/licenses/DOOM-COLLECTORS-EDITION @@ -0,0 +1,88 @@ +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 gover ning 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 recommend. + +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.
