InstallingEnter CD-KeyLatest InformationQUAKE 4™ BackgroundMenusIn-Game DisplayWeaponsMedics & TechniciansSaving & LoadingMultiplayerItems and PowerupsGametypesFriendsMultiplayer ControlsMultiplayer MenusEnd-Game SummaryFinding a Server and ConnectingOverviewConnecting to Your ISPMultiplayer SettingsJoining a GameConnect to a Specific ServerFind Player/ClanAdd to Favorites/Remove FavoriteCreating a ServerCreditsCustomer SupportSoftware License Agreement
Insert Disc 1 of QUAKE 4™ into your CD/DVD-ROM drive. After a few seconds, the Splash screen will appear. Click Install to begin the installation process and then follow the on-screen instructions. If the Splash screen does not appear, you may have Autorun disabled. Double-click on the My Computer icon on your desktop. Double-click the CD/DVD-ROM drive with the QUAKE 4™ CD/DVD inserted. Double-click on setup.exe to launch the Start screen. See the Help files on the disc if you need more information. Enter CD-KeyTo install and run the game, you must have a valid CD-Key. Your unique CD-Key is located on the back of the manual that came with your game. During installation, please enter the key exactly as it appears on the manual. Keep your copy of the CD-Key safe and private in case you need to reinstall the game in the future. No one from either Activision® or id™ will ever ask you for your CD-Key. Never give your CD-Key to anyone. If you lose your CD-Key, you will not be issued another one. The latest information about QUAKE 4™ is in the Readme file on Disc 1. (Both Readme and Help are located in the Help Menu of the Start screen.) Select Readme from the Start screen to view this information. If you have problems installing or playing the game, you can also find help in this section of the Start screen. Finally, more help is available online at www.quake4game.com, www.ravensoft.com or www.activision.com. In the mid-21st century, a barbaric alien race called the Strogg launched a massive invasion on Earth. While the invasion was originally believed to be an attempt to strip the planet of its natural resources, humans soon discovered the Strogg are only after one thing: the human remains of those they kill. Through a horrific process, the limbs and flesh of the fallen are fused with metal and machinery to create the monstrosities that are the alien Strogg. The Strogg battled the human race for years on Earth, but as resources became depleted, Earth mounted a counter-assault on the Strogg homeworld. The first assault force was launched from the fleet and encountered massive resistance—most of the drop-ships were destroyed by the Strogg homeworld’s massive defense weapon known as “The Big Gun.” One surviving Marine broke through and was able to destroy The Big Gun and ultimately defeat the Strogg leader, the Makron. However, the war did not end there. The Strogg proved to be extremely resilient and as the war continued to rage, the Strogg regrouped and constructed a new and more powerful Makron. You are Matthew Kane, a member of the elite Rhino Squad and part of the next massive invasion that spans across the entire Stroggos planet. Equipped with hi-tech weapons and vehicles, and teamed with a top Marine squadron, you soon realize this war is far from over. In fact, your worst nightmare is soon realized when you discover to defeat the Strogg, you must become one of them. All the options required for getting into the game, customizing your controls and setting up the game to run best on your system are available through the menus. New Game - Start a new QUAKE 4™ game from the beginning of the story. After selecting New Game, choose your difficulty level from one of the options available. Load Game - Load a previously saved game. Multiplayer - Find or create a server to play via LAN or Internet. Settings - Configure your controls, adjust audio/video quality and performance settings. QUAKE 4™ will automatically determine recommended settings for most computers. Mods - Browse and run any QUAKE 4™ installed modifications. Updates - Check for game updates. (Requires Internet connection). Credits - The people who made the game. Exit - Quit to Windows®. 1) Objective Indicator - When you receive a new objective, it will briefly appear here. To review your objectives during a game, press and hold the Objectives/Scores key (Tab by default). 2) Item Pickup Indicator - When you pick up armor, ammo, health or a new weapon, an indicator appears here. 3) Clip Ammunition - The amount of ammunition in your current weapon. Press the Reload key (R by default) to fill it from your reserve ammunition. With some weapons, this indicator is also shown on the weapon’s status display. 4) Reserve Ammunition - The amount of additional ammo you’re carrying for the selected weapon. Reloading depletes this reserve. 5) Health - The amount of damage you can take. When healthy, the green bar is full. As you’re shot or injured, this number decreases and the bar empties. If the number reaches 0, you will die. Picking up health packs restores your health. 6) Reticle/Cursor - Your reticle generally assists in aiming. However, as you approach other Marines, your weapon lowers and your reticle indicates you can talk to the person. Their name appears next to the reticle. When you approach a computer panel or other graphical interface, your weapon lowers and your reticle becomes a mouse pointer you can use to interact with the information on-screen. 7) Armor - Displays how much armor you have on. When you’re shot or take damage, some of the impact is absorbed by the armor you wear. When your armor is completely intact, the green bar is full. As you take damage, the number decreases and the bar empties. When armor is over 100 in Multiplayer, it slowly counts down to 100. When you land on Stroggos, you’ll have access to standard Marine weapons:
Most of the weapons will receive modifications during gameplay by helpful Marine technicians. Some of the modifications will work without any extra action on your part, such as a rate-of-fire increase. Pressing and holding the Zoom/Weapon Special key activates other modifications. In your time on Stroggos, you may come across Strogg-developed weapons, so give your enemies a taste of their own medicine! During the course of your campaign, you’ll take the controls of an SMC Hovertank and Walker. Each vehicle has two weapons available. To select between these weapons, use the previous weapon/next weapon buttons (mouse wheel up/down by default). You’ll see the weapon type change in the lower left corner of your HUD. Support crew, in the form of Medics and Technicians, are also there to assist you in the battle against the Strogg. Medics can heal you and Technicans can patch up your armor, both up to maximum levels. When they’re not occupied (like in combat), you can get a Medic or Technician in your crosshairs and talk to them using the Activate key (default left mouse) to request assistance. If one notices you’re damaged after a fight, they’ll come up to you and take care of you of their own volition. You can save your game at any time. Your game is AutoSaved when entering a new level, and when you pass significant areas of the game, a Checkpoint is automatically saved for you. To save or load your progress, press the Esc key to pause the game and reveal the In-Game menu. You can also save your progress instantly by using Quick Saves. Quick SavesTo record your current progress, press the Quick Save key (F5 by default). You can have up to four Quick Saves. If you already have four Quick Saves and press the Quick Save key to create another, the oldest Quick Save will be deleted. To load your most recent Quick Save while in-game, press the Quick Load key (F9 by default). QUAKE 4™ Multiplayer pits combatants against each other in a fast and frenetic arena where only the quickest and most skilled will achieve victory. Compete in one of five game modes: Deathmatch, Team Deathmatch, Tournament, Capture the Flag and Arena CTF. ITEMS AND POWER-UPSOn many maps, items and power-ups are present to boost your abilities. Items and power-ups include:
GAMETYPESDeathmatch The ultimate goal of this classic game mode is to frag anything that moves. Don’t let your guard down, and remember — everyone is your opponent. The player with the most kills wins. Team Deathmatch Upon joining a Team DM game, you will be assigned to a team: Marine or Strogg. The team with the highest number of frags wins. Tournament Players battle one-on-one in a single-elimination tournament tree, with the winner of each battle moving on to the next round to fight another winner, until the last two fight it out. Each battle in each round happens at the same time, and when a battle is finished, the players can spectate in the other battles’ arenas. Capture the Flag Divided up into two teams, Strogg and Marines must attempt to capture each other’s flag from the opposite end of the arena. Each player spawns near their own flag. To score, a team must take the opposing team’s flag, bring it back to their own base and touch it to their flag—provided the enemy hasn’t stolen it! Arena Capture the Flag This maintains the premise of CTF, but adds a power-up system. These power-ups last until the player dies, and will not respawn while owned by a player. The power-ups that can be found in the arena are:
Additionally, standard power-ups stack on top of these power-ups. For example, a player with Doubler and Quad Damage does massive damage, a player with Guard and Regeneration heals very quickly and a player with Scout and Haste moves very, very fast. FriendsDuring a game, you can set another player as a “friend,” and then find them online later. To designate someone as a friend, you must be in a Multiplayer game with him or her. During gameplay, press the Esc key, and then click Players. Select the player you want as a friend, and then click Add Friend. From then on, you can find that player whenever they’re online by clicking Friends List on the Multiplayer menu. This may have a delay of up to five minutes. MULTIPLAYER CONTROLSChat - Press the Chat key (T by default) to type a message to everyone in the game. Press Enter to send it. Team Chat - Press the Team Chat key (Y by default) to type a message only to your teammates. Press Enter to send it. View MP Statistics - Press and hold the View MP Statistics key (Z by default) to view your MP statistics. MULTIPLAYER MENUSDuring MP play, press the Esc key to see the Multiplayer menus. Main Menu Click Main Menu to go back to the main QUAKE 4™ menu, and disconnect from the server if desired. Join Game Click Join Game to see recent chat history, and switch between Spectator mode and live gameplay. Players Click Players to see all players’ MP statistics and add players as friends. Vote Click Vote to call a vote. Settings Click Settings to change Multiplayer settings. Server Info Click Server Info to see the server’s information. Admin Click Admin to access the server functions and options. This can only be used if you are hosting or have the server’s admin password. END-GAME SUMMARYAfter each round, a window appears with tabs displaying a summary of the game’s players, player statistics and the final scoreboard. Summary The Summary tab shows you and the top ten players (top nine players if you weren’t in the top ten). In team games it shows you and the top five players from each team (top four players on your team if you weren’t in the team’s top five). Player rank is the number on the left. Two players will have the same rank if they tied for that spot. Statistics The Statistics tab shows detailed views of each player’s game statistics. Click each player’s name to see their stats. Scoreboard Click the Scoreboard tab to see the final scoreboard for the round. OverviewTo play Multiplayer, connect to a game server running QUAKE 4™. Anyone can create a server, so there are always many available on the Internet. Servers are the computers hosting the game. Some games may be hosted on machines that are being used to play the game (on that same computer), while others may be “dedicated” servers that are hosting the game just for other people to play. Connecting to Your ISPQUAKE 4™ REQUIRES A BROADBAND INTERNET CONNECTION (E.G., DSL, CABLE MODEM, T1, ETC.). If you connect to the Internet using a dial-up modem, QUAKE 4™ Multiplayer will not function properly. QUAKE 4™ Multiplayer is bandwidth intensive. This means a slower upload speed will be able to support fewer combatants. Be sure to set upstream and downstream settings (in Advanced Server Options) appropriate to your connection speed to ensure the optimal number of players. Please refer to the game Readme for recommended maximum players for various connection speeds. For Internet play, connect to your Internet Service Provider (ISP) before starting Multiplayer. Most broadband users have a persistent Internet connection, so you won’t need to do anything special. See your Windows® and ISP documentation for information on how to connect to your ISP. Multiplayer SettingsOnce you’re online, start QUAKE 4™, select Multiplayer from the Main Menu and select Settings to enter your name, re-type your CD-Key, set your data rate and select your player model. Joining a GameTo join a game, first select Multiplayer from the Main Menu, then Game Browser to access the game browser. The game browser offers a number of options to help you locate a game. Click on the boxes in the top-right to switch between local games (LAN) and Internet games. The Game Browser list provides information about each server. Sort the list of servers by selecting the tab above each column in the list. You may have up to three sorting options at once. (Undo all the sorting options by pressing Clear Sorting.) You’ll generally experience better performance on a server with a lower ping time. Press Refresh List to update your browser with the latest servers and information. To connect to a server, double-click on its name or click once to highlight it, and click on Join Server. When you mouse over a server, important information about the server will be displayed in a tooltip. Some servers may require a password to connect. If a server requires a password, you’ll be prompted to enter one after joining the server. Servers that are grayed out in the game browser have a maxplayer limit higher than recommended for your CPU speed. Connect to a Specific ServerIf you know the IP address of a specific server, you can enter it by clicking Join IP Address at the Game Browser. Find Player/ClanYou can search all active Internet servers for people, both by their handle and their clan. Add to Favorites/Remove FavoriteYou can mark a server as a “Favorite” by selecting it in the browser, then clicking Add to Favorites. When you sort by Favorites, the servers you’ve marked show up first in the list. To remove a server as a favorite, select it and click Remove Favorite. Creating a ServerIf you want to use your computer as a game server, click on Multiplayer and then click Create Server. From this screen, you can select the map you want the server to run as well as several other options. Once you’ve set the options you want, click the Create Server button. Please note that hosting a server requires an Internet connection with high upstream. The options are as follows: Map Selection This is the list of maps you’re able to host. Please note that the map list is limited depending on the gametype, as described earlier. Server Name This name will be displayed in the Game Browser list to other players. Server Type Select LAN to have the server visible only to your local network. Select Internet to make your server visible to the Internet. Please note that firewalls may interfere with setting up and running an Internet server. Dedicated No - Start a local server and a local client. Yes - Start a server that others can connect to, but cannot be played on locally. This is recommended for hosting on the Internet. A list of console commands for the dedicated server can be found in the Readme. Gametype This sets what kind of game mode you will host. Please note that the map selection is limited for each game mode. DM - Deathmatch mode Team DM - Team Deathmatch mode Tourney - Tournament mode CTF - Capture The Flag mode Arena CTF - Arena Capture The Flag mode Frag Limit/Capture Limit In DeathMatch or Team DM, this is the number of kills (frags) a player must obtain to win the match. In Tourney, it’s the number of kills required to win the round. In CTF and Arena CTF, it’s the number of flag captures a team needs to win the match. If two players have the same number of kills when time runs out (based on the time limit), the game or round will enter Sudden Death mode, where the next player to get a kill wins the match or the round. Time Limit Set in minutes so the player with the highest score after the time limit expires wins. Once the time limit is hit, the map will reload with all players starting at zero frags. If the game is tied when the time limit is reached, the game will go into Sudden Death mode. In Tourney mode, this is the time limit for the individual round. Max Players Set the maximum number of players allowed on your server at any time. The highest this can be set to is 16. Do Warmup Allow time for players to join and get ready before the match starts. Allow Spectators Allow people to join your server to watch the game without playing. PunkBuster™ Enables or disables PunkBuster™, an anti-cheating server tool. Team Damage Available for Team Deathmatch, Capture The Flag and Arena CTF, this option enables or disables friendly fire between teammates. Tourney Round Limit Only available for Tourney mode, it is how many Tourneys will be run through before the map switches. Advanced Options The Advanced Options let you change settings such as server passwords, server-side mods and map cycling files. Raven Software
id SoftwareQUAKE 4™ is an id Software game and is powered by id Software’s DOOM 3™ technology. Production, development and technical assistance have been provided by id Software, with specific contributions by
Published by Activision
You should read through the manual and the Readme file on the CD before contacting Activision Customer Support. Additionally, if you have Internet access, search our troubleshooting database at: http://www.activision.com/support. Please ensure that your computer system meets the minimum system requirements that are listed on the bottom of the box. Our Customer Support representatives will not be able to help customers whose computers do not meet the requirements. So that we can better help you, please have the following information ready: • Complete product title (include version number) • Exact error message reported (if any) and a brief description of the problem • Your computer’s processor type and speed (e.g., Pentium® 4 1.5 GHz or Athlon™ XP 1500+ processor) • Amount of RAM • Make and model of your video and sound cards (e.g., ATI® Radeon 9800 or all Nvidia® GeForce FX series) • Make and model of your CD-ROM or DVD-ROM drive (e.g. Samsung SC-140) • Operating system Note: Please do not contact Customer Support for hints/codes/cheats; only technical issues. Internet: http://www.activision.com/support Our support section of the web has the most up-to-date information available, including patches that can be downloaded free of charge. We update the support pages daily so please check here first for solutions. By going to the Find Answers section and selecting the platform/game you are inquiring about you can view the top solutions for the game to date. If you don’t find your question/solution there, try inputting a keyword into the search. If you cannot find an answer to your issue, you can submit a question/ incident to us using the online support form. A response may take anywhere from 24–72 hours depending on the volume of messages we receive and the nature of your problem. During the first few weeks of a game release and during holiday seasons the response time may take a little longer. Note: Internet support is handled in English only. Note: The multiplayer components of Activision games are handled only through the Internet. Phone: (310) 255-2050 You can call our 24-hour voice-mail system for answers to your most frequently asked questions at the above number. Contact a Customer Support Representative at the same number between the hours of 9:00 am and 5:00 pm (Pacific Time), Monday through Friday, except holidays. When calling please make sure you are in front of your computer with the power on and have all the necessary information as listed above at hand. Please do not send any game returns directly to Activision without first contacting Customer Support. It is our policy that game returns/refunds must be dealt with by the retailer or online site where you purchased the product. Please see the Limited Warranty contained within our Software License Agreement for warranty replacements. Register your product online at www.activision.com so we can enter you in our monthly drawing for a fabulous Activision prize.
This QUAKE 4(tm) Limited Use Software License Agreement (this "Agreement") is a legal agreement among you, the end-user, and Id Software, Inc. ("Id Software"), and Activision Publishing, Inc. ("Activision"). BY CONTINUING THE INSTALLATION OF THE GAME PROGRAM ENTITLED QUAKE 4(tm) (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. YOU ACKNOWLEDGE AND UNDERSTAND THAT IN ORDER TO OPERATE THE SOFTWARE, YOU MUST HAVE THE FULL VERSION OF THE ID SOFTWARE GAME ENTITLED QUAKE 4(tm) INSTALLED ON YOUR COMPUTER. 1. Grant of License. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, Id Software grants to you the non-exclusive and limited right to use the Software only in executable or object code form. The term "Software" includes all elements of the Software, including, without limitation, data files and screen displays. You are not receiving any ownership or proprietary right, title, or interest in or to the Software or the copyrights, trademarks, or other rights related thereto. For purposes of the first sentence of this Section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device, and means the uses permitted in Sections 2 and 5 hereinbelow. You agree that the Software will not be downloaded, shipped, transferred, exported or re-exported into any country in violation of the United States Export Administration Act (or any other law governing such matters) by you or anyone at your direction, and that you will not utilize and will not authorize anyone to utilize the Software in any other manner in violation of any applicable law. The Software shall not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone or into any country who/that are prohibited, by applicable law, from receiving such property. In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances, and statutes. Id Software reserves all rights not granted in this Agreement, including, without limitation, all rights to Id Software's trademarks. 2. Permitted New Creations. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, Id Software grants to you the non-exclusive and limited right to create for the Software (except any Software code) your own modifications (the "New Creations") that shall operate only with the Software (but not any demo, test, or other version of the Software, and not with QUAKE 4(tm) independent of the Software). You may include within the New Creations certain textures and other images (the "Software Images") from the Software. You shall not create any New Creations that infringe against any third-party right or that are libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You agree that the New Creations will not be downloaded, shipped, transferred, exported, or re-exported into any country in violation of the United States Export Administration Act (or any other law governing such matters) by you or anyone at your direction, and that you will not utilize and will not authorize anyone to utilize the New Creations in any other manner in violation of any applicable law. The New Creations shall not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods or to anyone or into any country who/that are prohibited, by applicable law, from receiving such property. You shall not rent, sell, lease, lend, offer on a pay-per-play basis, or otherwise commercially exploit or commercially distribute the New Creations. You are permitted to distribute, without any cost or charge, the New Creations only to other end-users so long as such distribution is not infringing against any third-party right and otherwise is not illegal or unlawful. As noted below, in the event you commit any breach of this Agreement, your license and this Agreement automatically shall terminate, without notice. 3. Prohibitions with Regard to the Software. You, whether directly or indirectly, shall not do any of the following acts: a. rent the Software; b. sell the Software; c. lease or lend the Software; d. offer the Software on a pay-per-play basis; e. distribute the Software by any means, including, but not limited to, Internet or other electronic distribution, direct mail, retail, mail order, or other means; f. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose; g. disassemble, reverse engineer, decompile, modify (except as permitted under Section 2 hereinabove) or alter the Software; h. translate the Software; i. reproduce or copy the Software (except as permitted under Section 5 hereinbelow); j. publicly display the Software; k. prepare or develop derivative works based upon the Software; l. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software or the Printed Materials (as defined in Section 6 hereinbelow); or m. remove, alter, modify, disable, or reduce any of the anti-piracy measures contained in the Software, including, without limitation, measures relating to multiplayer play. 4. Prohibition against Cheat Programs. Any attempt by you, either directly or indirectly, to circumvent or bypass any element of the Software to gain any advantage in multiplayer play of the Software is a material breach of this Agreement. It is a material breach of this Agreement for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or otherwise make any use of any software program or any modification to the Software ("Cheat Program") itself that enables or allows the user thereof to obtain an advantage or otherwise exploit another Software player or user when playing the Software against other players or users on a local area network, any other network, or on the Internet. Hacking into the executable of the Software, modification of the Software, or any other use of the Software in connection with the creation, development, or use of any such unauthorized Cheat Program is a material breach of this Agreement. Cheat Programs include, but are not limited to, programs that allow Software players or users to see through walls or other level geometry; programs that allow Software players or users to change their rate of speed outside the allowable limits of the Software; programs that crash either and/or other Software players, users, PC clients, or network servers; programs that automatically target other Software players or users (commonly referred to as "aimbots") that automatically simulate Software player or user input for the purpose of gaining an advantage over other Software players or users; or any other program or modification that functions in a similar capacity or allows any prohibited conduct. In the event you breach this Section or otherwise breach this Agreement, your license and this Agreement automatically shall terminate, without notice, and you shall have no right to play the Software against other players or make any other use of the Software. 5. Permitted Copying. You may make only the following copies of the Software: (i) you may copy the Software from the CD ROM that you purchase onto your computer hard drive; (ii) you may copy the Software from your computer hard drive into your computer RAM; and (iii) you may make one (1) "back up" or archival copy of the Software on one (1) hard disk. 6. Intellectual Property Rights. Certain printed materials (the "Printed Materials") accompany the Software. The Software, the Printed Materials, and all copyrights, trademarks, and all other conceivable intellectual property rights related to the Software and the Printed Materials are owned by Id Software and are protected by United States copyright laws, international treaty provisions, and all applicable law, such as the Lanham Act. You must treat the Software and the Printed Materials like any other copyrighted material, as required by 17 U.S.C. § 101 et seq. and other applicable law. You agree to use your best efforts to see that any user of the Software licensed hereunder, the Printed Materials or the New Creations complies with this Agreement. You agree that you are receiving a copy of the Software and the Printed Materials by limited license only and not by sale and that the "first sale" doctrine of 17 U.S.C. § 109 does not apply to your receipt or use of the Software or the Printed Materials. This Section shall survive the cancellation or termination of this Agreement. 7. Information Collection. You consent to Activision obtaining certain information about your computer and its operating system, including the type and speed of the central processing unit, the amount of RAM in the central processing unit, the operating system, the type of video card used, whether your computer uses a CD or DVD drive, and whether your computer is equipped with a joystick, without any further notice to you. Such information is not personally identifiable. The computer information that is collected simply helps Activision to understand and analyze broad, anonymous market information about our consumers, so that Activision can better serve their needs and demands. Activision will only share such information with others, if at all, in the aggregate, reflecting overall computer features and capabilities. 8. NO ID SOFTWARE WARRANTIES. ID SOFTWARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE PRINTED MATERIALS, THE SOFTWARE IMAGES, AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. ID SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID SOFTWARE AND SHOULD NOT BE RELIED UPON. This Section shall survive the cancellation or termination of this Agreement. 9. Limited Activision Warranty. Activision warrants to the original consumer purchaser of the Software that the recording medium on which the Software is recorded will be free from defects in material and workmanship for ninety (90) days from the date of purchase. If the recording medium is found defective within ninety (90) days of original purchase, Activision agrees to replace, free of charge, any Software discovered to be defective within such period upon its receipt of the Software, postage paid, with the proof of the date of purchase, as long as the Software still is being manufactured by Activision. In the event that the Software no longer is available, Activision retains the right to substitute a similar game program of equal or greater value. This warranty is limited to the recording medium containing the Software as originally provided by Activision and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE ACTIVISION. When returning the Software for warranty replacement, the original Software disks must be sent only in protective packaging and include: (1) photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you are encountering, and the system on which you are running the Software; and (4) if you are returning the Software after the ninety (90) day warranty period, but within one (1) year after the date of purchase, please include check or money order for $10.00 U.S. (A$25 for Australia (subject to availability), or £6.00 for Europe) currency per CD or floppy disk replacement or $15.00 U.S.( £9.00 for Europe) per DVD replacement. Note: Certified mail recommended. In the United States, send to: Warranty Replacements In Europe, send to: Warranty Replacements In Australia and Asia Pacific territories, send to: Warranty Replacements 10. Governing Law, Venue, Indemnity, and Liability Limitation. This Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas (but excluding conflicts of laws principles) and applicable United States federal law. Except as set forth below, exclusive venue for all litigation regarding this Agreement shall be in Dallas County, Texas, and you agree to submit to the jurisdiction of the federal and state courts in Dallas County, Texas, for any such litigation. Exclusive venue for all litigation involving Activision, but not involving Id Software, with regard to this Agreement shall be in Los Angeles County, California, and you agree to submit to the jurisdiction of the courts in Los Angeles, California, for any such litigation. You hereby agree to indemnify, defend and hold harmless Id Software and Activision and Id Software's and Activision's respective officers, employees, directors, agents, licensees (excluding you), sub-licensees (excluding you), successors, and assigns from and against all losses, lawsuits, damages, causes of action, and claims relating to and/or arising from the New Creations or the distribution or other use of the New Creations or relating to and/or arising from your breach of this Agreement. You agree that your unauthorized use of the Software Images, the Printed Materials, or the Software, or any part thereof, immediately and irreparably may damage Id Software such that Id Software could not be adequately compensated solely by a monetary award, and in such event, at Id Software's option, that Id Software shall be entitled to an injunctive order, in addition to all other available remedies, including a monetary award, to prohibit such unauthorized use without the necessity of Id Software posting bond or other security. IN ANY CASE, ID SOFTWARE, ACTIVISION, AND ID SOFTWARE AND ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUB-LICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID SOFTWARE, ACTIVISION, OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Section shall survive the cancellation or termination of this Agreement. 11. United States Government Restricted Rights. To the extent applicable, the United States Government shall have only those rights to use the Software and the Printed Materials as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204, inclusive. 12. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Id Software and Activision each may assign its respective rights under this Agreement in the assigning party's sole discretion. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of Id Software or Activision to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH, OR YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND ID SOFTWARE AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software, the Printed Materials, or the New Creations, in any manner, you immediately shall destroy all copies of the Software, the Printed Materials, and the New Creations in your possession, custody, or control, and all rights granted hereunder shall revert, without notice, to and be vested in Id Software. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, 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, AMONG ID SOFTWARE, ACTIVISION, AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO, RELATING TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS, OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, AMONG ID SOFTWARE, ACTIVISION, AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. © 2005 Id Software, Inc. All rights reserved. Published and distributed by Activision Publishing, Inc. under license. Developed by Raven Software Corporation. QUAKE and ID are registered trademarks of Id Software, Inc. in the U.S. Patent and Trademark Office and/or some other countries. Activision is a registered trademark of Activision Publishing, Inc. The ratings icon is a registered trademark of the Entertainment Software Association. All other trademarks and trade names are the properties of their respective owners. |