HERETIC / HEXEN SOURCE CODE LICENCE
-----------------------------------

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:

*  Exploit this Program or any of its parts commercially.

*  Use this Program, or permit use of this Program, on more than one
computer, computer terminal, or workstation at the same time.

*  Make copies of this Program or any part thereof, or make copies of
the materials accompanying this Program.

*  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.

*  Sell, rent, lease or license any copies of this Program, without
the express prior written consent of Activision.

*  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,
legal@activision.com
