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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 ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ASSOCIATED
MEDIA, ANY PRINTED MATERIALS, AND ANY ONLINE 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 PROGRAMS INCLUDED WITHIN OR, IF YOU ARE DOWNLOADING THIS PROGRAM
FROM AN AUTHORIZED ACTIVISION ONLINE RESELLER, BY DOWNLOADING, INSTALLING AND/OR USING THIS
PROGRAM, YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION PUBLISHING, INC. AND ITS AFFILIATES
("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. This Software License Agreement shall also apply to any patches or updates you may
obtain for the Program.
LICENSE CONDITIONS. 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.
- 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.
- Copy this Program onto a hard drive or other storage device except as specifically permitted
herein; you must run this Program from the included CD-ROM or DVD-ROM (although this
Program itself may automatically copy a portion of this Program onto your hard drive during
installation in order to run more efficiently)unless you are downloading this Program from an authorized
Activision online reseller. - 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, 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. - 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 an on-line multiplayer
game settings including but not limited to local area network or any other network play
or on the internet. - Remove, disable or circumvent any proprietary
notices or labels contained on or within the Program.
- Export or re-export this Program or any copy or adaptation in violation of any applicable
laws or regulations of the United States government.
PERMITTED INSTALLATION. If you are downloading this Program from an authorized Activision
online reseller, you may install this Program onto your computer hard drive.
OWNERSHIP. All title, ownership rights and intellectual property rights in and to this
Program (including but not limited to any patches and updates) 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 may contain 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 any 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 shall not contain modifications
to any COM, EXE or DLL files or to any other executable Product files.
- 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." - All New Game Materials created by you shall
be exclusively owned by Activision and/or its licensors as a derivative work (as such
term is described under U.S. copyright law) of the Program and Activision and its licensors
may use any New Game Materials made publicly available by you for any purpose whatsoever,
including but not limited to, for purpose of advertising and promoting the Program.
LIMITED WARRANTY: Excepting patches, updates and any downloaded content, and this Program
if you are downloading it from an authorized Activision online reseller, 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 recording medium is found defective within 90 days of
original purchase, Activision agrees to replace, free of charge, any product discovered to
be defective within such period upon its receipt of the Product, postage paid, with proof of
the date of purchase, 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 program of equal or greater value. This warranty is limited to the recording
medium containing 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. Any implied warranties prescribed
by statute are expressly limited to the 90-day period described above.
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. IN NO EVENT WILL ACTIVISION BE LIABLE FOR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE RESULTING FROM POSSESSION, USE OR MALFUNCTION
OF THIS PRODUCT, INCLUDING DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES
FOR PERSONAL INJURY, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES 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 STATE TO STATE.
Except with respect to patches, updates, downloaded content and this Program if you download it
from an authorized Activision online reseller, please refer to Warranty procedures relating
to your country of residence from the lists below. If you download this Program from an
authorized Activision online reseller, please refer to your authorized Activision online
reseller for warranty information and procedures.
In the U.S. When returning merchandise for replacement
please send the original product disks 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 encountered and the system on which you are running the product
4. If you are returning the product after the 90-day warranty period, but within one
year after the date of purchase, please include a check or money order for $10.00 U.S. per
CD replacement or $15.00 U.S. per DVD replacement. Note: Certified mail is recommended.
In the U.S. send to: Warranty Replacements
Activision Publishing, Inc. P.O. Box 67713
Los Angeles, California 90067
In Europe: When returning merchandise for replacement
please send the original product disks 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 encountered and the system on which you are running the product
4. If you are returning the product after the 90-day warranty period, but within one
year after the date of purchase, please include a cheque or money order for £6.00 sterling
per CD replacement or £9.00 sterling per DVD replacement.
Note: Certified mail is recommended.
In Europe send to: WARRANTY REPLACEMENTS
ACTIVISION (UK) Ltd., 3 Roundwood Avenue, Stockley Park, Uxbridge UB11 1AH, United Kingdom.
Disc Replacement: +44 (0) 870 241 2148
In Australia: For all Warranty replacements, please return
to the store of purchase along with your receipt or proof of purchase.
If you are returning the software product after the 90-day warranty period, but within
one year after the date of purchase, please contact Activision on 02 9869 0955. Note:
No returns will be issued unless you have contacted Activision first.
If an Activision representative advises you that your game is valid for a return, please
return the original software product disc to:
In Australia send to: Activision Asia Pacific, Level 5, 51 Rawson
St Epping, NSW 2121, Australia 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 encountered and the system on which you are running the software product.
4. Please include a cheque or money order for AUD $20 per CD or AUD $25 per DVD replacement
(subject to availability).
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 Restricted Rights clauses
at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Activision Publishing, 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.