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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
warranty replacements at 310-255-2050 or 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.
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.
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