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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 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 an 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 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: Certified 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 http://
www.activision.com/support.
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.
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