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 DERIVATIVE WORKS OF SUCH SOFTWARE AND MATERIALS. BY OPENING THIS PACKAGE, AND/OR USING THE PROGRAM, YOU ACCEPT THE TERMS OF THIS LICENSE WITH 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 SOFTWARE WARRANTY. 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 Software for warranty replacement, please contact us as follows:
For customers in North America: Please contact Activision Customer Support by telephone at 1-800-225-6588 or via the web at http://www.activision.com/support.
Customer Support will help you determine if a replacement is necessary. If a replacement is appropriate we will instruct you on the Return Material Authorization (“RMA”) process. As part of the RMA process you will be asked to send: (1) the original Software disks (not including manual or case) sent only in protective packaging and include; (2) photocopy of your dated sales receipt; (3) your name and return address typed or clearly printed; (4) a brief note describing the defect, the problem(s) you are encountering, and the system on which you are running the Software; and (5) the incident number given to you by Customer Support.
Note: Certified mail recommended. In the United States, send to:
Warranty Replacements
100 N. Sepulveda Blvd, Suite 900 El Segundo, CA 90245
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 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 LIMITATIONS 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
