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SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. “PROGRAM”INCLUDES THE SOFTWARE INCLUDED WITH THIS AGREEMENT, THE
ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES AND DERIVATIVEWORKS OF SUCH SOFTWARE AND MATERIALS. BY OPENING
THIS PACKAGE, AND/OR USINGTHE PROGRAM, YOU ACCEPTTHE TERMS OF THIS LICENSEWITH ACTIVISION PUBLISHING, INC. (“ACTIVISION”).
LIMITED USE LICENSE. Activision grants you the non-exclusive, non-transferable, limited right and license to 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. This Program is licensed, not sold. Your license confers no title or ownership in this Program and should not be construed as a sale
of any rights in this 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, and any
related documentation, incorporated into this Program) are owned by Activision or its 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.
YOU SHALL NOT:
• Exploit this Program or any of its parts commercially, including but not limited to use at a cyber cafe, computer gaming center or any other location-based site. Activision may offer a separate Site
License Agreement to permit you to make this Program available for commercial use; see the contact information below.
• Sell, rent, lease, license, distribute or otherwise transfer this Program, or any copies of this Program, without the express prior written consent of Activision.
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part.
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
• Hack or modify (or attempt to modify or hack) the Program, or create, develop, modify, distribute or use any software programs, in order to gain (or allow others to gain) advantage of this Program
in any on-line multiplayer game settings including but not limited to local area network or any other network play or on the internet.
• Export or re-export this Program or any copy or adaptation in violation of any applicable laws or regulations.
LIMITED SOFTWAREWARRANTY. Activision warrants to the original consumer purchaser of this Program that the recording medium on which the Program is recorded will be free from defects in material
and workmanship for 90 days from the date of purchase. If the purchaser finds the recorded medium of the Program defective within 90 days of original purchase, Activision agrees to replace, free of
charge, such recorded medium of the Program discovered to be defective within such period upon its receipt of the recorded medium of the Program, as long as the Program is still being manufactured
by Activision. In the event that the Program is no longer available, Activision retains the right to substitute a similar product of equal or greater value. This warranty is limited to the recording medium of
the Program 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. This remedy is the purchaser’s sole, exclusive remedy, and is in lieu of all other express warranties. Any implied warranties on this product prescribed by statute, including but not limited to
an implied warranty of merchantability or fitness for a particular purpose, are expressly limited in duration to the 90-day period described above. Activision reserves the right to modify this warranty
prospectively at any time and from time to time in our sole discretion.
When returning the Program for warranty replacement please send the original product disc or cartridge, as applicable, only in protective packaging and include: (1) a 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 Program;
and (4) if you are returning the Program after the 90-day warranty period, but within one year after the date of purchase, please include check or money order for $20 U.S. currency per disc or cartridge
replacement, as applicable.
NOTE: Certied mail is recommended.
For customers in North America: Please contact Activision Customer Support for an RMA by telephone at 1-800-225-6588 or via the web at support.activision.com.
LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM,
INCLUDING DAMAGESTO 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 LIMITATIONS AND/OR EXCLUSION OR
LIMITATION OF LIABILITY MAY NOT APPLYTOYOU.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, ANDYOU MAY HAVE OTHER RIGHTS WHICHVARY 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
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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
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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, 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.