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SOFTWARE LICENSE AGREEMENT
USE OF THIS SOFTWARE PROGRAM (AND ANY UPDATES), THE ASSOCIATED MEDIA, PRINTED MATERIALS, AND DOCUMENTATION (collectively, “Program”) IS SUBJECT TO THIS SOFTWARE LICENSE AGREEMENT (“Agreement”). BY OPENING THIS PACKAGE, DOWNLOADING, INSTALLING, OR USING THE PROGRAM, YOU ACCEPT THE TERMS OF THIS AGREEMENT WITH ACTIVISION PUBLISHING, INC. AND ITS AFFILIATES ("Activision"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE PROGRAM. TO REJECT THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, COPY, OR USE THE PROGRAM, AND WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, CALL (310) 255-2050 IN NORTH AMERICA TO REQUEST A REFUND OF THE PURCHASE PRICE. FOR PURCHASERS OUTSIDE NORTH AMERICA, PLEASE VISIT http://support.activision.com.
SERVICES AND TERMS OF USE: USE OF CERTAIN FEATURES OF THE PROGRAM, INCLUDING ONLINE OR MULTIPLAYER COMPONENTS, OR UPDATED FEATURES, MAY REQUIRE ASSENT TO ADDITIONAL TERMS OF SERVICE. IF YOU DO NOT ASSENT TO ADDITIONAL TERMS OF SERVICE, YOU MAY NOT BE ABLE TO ACCESS OR USE ADDITIONAL GAME FEATURES.
LIMITED USE LICENSE: Activision grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of the software component(s) of the Program solely for your personal use. All rights not specifically granted are reserved by Activision. The Program is licensed, not sold, for your use. Your license confers no title or ownership in the Program, and should not be construed as a sale of any rights in the Program.
LICENSE CONDITIONS: This license is subject to the following limitations ("License Limitations"). Any use of the Program in violation of the License Limitations will result in an immediate termination of your license, and continued use of the Program will be an infringement of Activision's copyrights in and to the Program. You agree that you will not do, or allow, any of the following: (1) exploit the Program commercially; (2) use the Program on more than one computer/console at the same time; (3) make copies of the Program, in whole or in part; (4) copy the Program onto a hard drive or other storage device unless the Program itself makes a copy during installation, or unless you are downloading the Program from an authorized Activision online retailer; (5) use the Program in a network, multi-user arrangement, or remote access arrangement, including any online use except as included in the Program functionality; (6) sell, rent, lease, license, distribute, or otherwise transfer the Program; (7) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Program, in whole or in part; (8) hack or modify the Program, or create, develop, modify, distribute, or use any unauthorized software programs to gain advantage in any online or multiplayer game modes; (9) remove, disable, or circumvent any proprietary notices or labels contained on or within the Program; (10) export or re-export the Program in violation of any applicable laws or regulations of the United States government.
OWNERSHIP: All title, ownership rights, and intellectual property rights in and to the Program are owned by Activision, affiliates of Activision, or Activision’s licensors. The Program is protected by the copyright laws of the United States, international copyright treaties,and conventions and other laws. The Program may contain certain licensed materials, and Activision’s licensors may protect their rights in the event of any violation of this Agreement.
PATCHES AND UPDATES; PRIVACY: Activision may deploy or provide patches, updates, and modifications to the Program that must be installed for you to continue to use the Program. Activision may update the Program remotely without notifying you, and you hereby grant to Activision consent to deploy and apply such patches, updates, and modifications. Your use of the Program shall be subject to the terms of Activision’s Privacy Policy available at http://www.activision.com/support.
LIMITED WARRANTY: Activision warrants to the original consumer purchaser of this Program that the physical media on which this Program is stored and any physical accessories (together the “Goods”) will be free from defects in material and workmanship for 90 daysfrom the date of purchase. If the Goods are found defective within 90 days of original purchase, Activision agrees to replace, free of charge, any such defective Goods within such period, upon its receipt of the program (postage paid, with proof of the date of purchase) so long as the Goods are still being manufactured by Activision. If the Goods are no longer available, Activision retains the right to substitute similar goods of equal or greater value. This warranty is limited to the Goods, 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 HEREIN, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
For customers in North America: For information about warranty replacement, or other customer service inquires, call (310) 255-2050 in North America; or if you prefer to not call, please visit http://support.activision.com. If a replacement is appropriate you will need to return: (1) the original Goods; (2) a copy of your dated sales receipt; (3) your name and return address; (4) a description of the defect, the problem(s) you are encountering; and (5) the incident/RMA number given to you by Customer Support. In the United States, send to: Warranty Replacements, Activision Publishing, Inc., 100 N. Sepulveda Blvd. Suite 900, El Segundo, CA 90245; outside of the United States please visit http://support.activision.com.
For customers in Australia: This warranty is provided in addition to other rights and remedies you may have regarding the Goods provided to you in this game bundle, under the Australian Consumer Law. The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. Please contact Activision on 1300 748 995 or email ausupport@activision.com or mail PO Box 544 Pyrmont NSW 2009 if you have an issue with the Goods provided to you in this game bundle. If a replacement or repair is required Activision will instruct you on the process. As part of the process you may be asked to send: (1) the CD-ROM/DVD (not including manual or case) in protective packaging; (2) the accessory; (3) photocopy of your dated sales receipt; (4) your name and return address typed or clearly printed; (5) a brief note describing the defect, the problem(s) you are encountering, and the system on which you are running the software; and (6) the incident number given to you by Customer Support. You may be required to also send a cheque or money order but if your claim is determined to be a valid you may be entitled to a refund of this amount. Unless otherwise directed by Customer Support, please send replacements (registered mail recommended) to Limited Disc/Peripheral Warranty Replacements, Activision Blizzard Australia Pty Ltd, PO Box 6711, St Kilda Road Central, Melbourne VIC 8008, Australia. The provisions of the Limitation of Liability clause below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth).
For customers in EU and other countries: This warranty is provided without prejudice to your statutory rights as a consumer which will always prevail. Activision will only be responsible for any loss or damage you suffer that is a foreseeable result of the breach of this Agreement by Activision or its negligence. Nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from negligence, fraudulent misrepresentation; or any other liability that cannot be excluded or limited by English law. This section shall prevail over all other parts of this Agreement. For information about warranty replacement, or other customer service inquires please check: http://www.activision.com/support.
LIMITATION ON DAMAGES: ACTIVISION SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, 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 THE PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS 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 the Program and all of its component parts. You may also terminate the Agreement at any time by permanently deleting any installation of the Program, and destroying all copies of the Program in your possession or control. The License Limitations, limitation on damages, limited warranty, indemnity,and miscellaneous provisions shall survive termination of this agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Program has 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.
USE OF THIS SOFTWARE PROGRAM (AND ANY UPDATES), THE ASSOCIATED MEDIA, PRINTED MATERIALS, AND DOCUMENTATION (collectively, “Program”) IS SUBJECT TO THIS SOFTWARE LICENSE AGREEMENT (“Agreement”). BY OPENING THIS PACKAGE, DOWNLOADING, INSTALLING, OR USING THE PROGRAM, YOU ACCEPT THE TERMS OF THIS AGREEMENT WITH ACTIVISION PUBLISHING, INC. AND ITS AFFILIATES ("Activision"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE PROGRAM. TO REJECT THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, COPY, OR USE THE PROGRAM, AND WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, CALL (310) 255-2050 IN NORTH AMERICA TO REQUEST A REFUND OF THE PURCHASE PRICE. FOR PURCHASERS OUTSIDE NORTH AMERICA, PLEASE VISIT http://support.activision.com.
SERVICES AND TERMS OF USE: USE OF CERTAIN FEATURES OF THE PROGRAM, INCLUDING ONLINE OR MULTIPLAYER COMPONENTS, OR UPDATED FEATURES, MAY REQUIRE ASSENT TO ADDITIONAL TERMS OF SERVICE. IF YOU DO NOT ASSENT TO ADDITIONAL TERMS OF SERVICE, YOU MAY NOT BE ABLE TO ACCESS OR USE ADDITIONAL GAME FEATURES.
LIMITED USE LICENSE: Activision grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of the software component(s) of the Program solely for your personal use. All rights not specifically granted are reserved by Activision. The Program is licensed, not sold, for your use. Your license confers no title or ownership in the Program, and should not be construed as a sale of any rights in the Program.
LICENSE CONDITIONS: This license is subject to the following limitations ("License Limitations"). Any use of the Program in violation of the License Limitations will result in an immediate termination of your license, and continued use of the Program will be an infringement of Activision's copyrights in and to the Program. You agree that you will not do, or allow, any of the following: (1) exploit the Program commercially; (2) use the Program on more than one computer/console at the same time; (3) make copies of the Program, in whole or in part; (4) copy the Program onto a hard drive or other storage device unless the Program itself makes a copy during installation, or unless you are downloading the Program from an authorized Activision online retailer; (5) use the Program in a network, multi-user arrangement, or remote access arrangement, including any online use except as included in the Program functionality; (6) sell, rent, lease, license, distribute, or otherwise transfer the Program; (7) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Program, in whole or in part; (8) hack or modify the Program, or create, develop, modify, distribute, or use any unauthorized software programs to gain advantage in any online or multiplayer game modes; (9) remove, disable, or circumvent any proprietary notices or labels contained on or within the Program; (10) export or re-export the Program in violation of any applicable laws or regulations of the United States government.
OWNERSHIP: All title, ownership rights, and intellectual property rights in and to the Program are owned by Activision, affiliates of Activision, or Activision’s licensors. The Program is protected by the copyright laws of the United States, international copyright treaties,and conventions and other laws. The Program may contain certain licensed materials, and Activision’s licensors may protect their rights in the event of any violation of this Agreement.
PATCHES AND UPDATES; PRIVACY: Activision may deploy or provide patches, updates, and modifications to the Program that must be installed for you to continue to use the Program. Activision may update the Program remotely without notifying you, and you hereby grant to Activision consent to deploy and apply such patches, updates, and modifications. Your use of the Program shall be subject to the terms of Activision’s Privacy Policy available at http://www.activision.com/support.
LIMITED WARRANTY: Activision warrants to the original consumer purchaser of this Program that the physical media on which this Program is stored and any physical accessories (together the “Goods”) will be free from defects in material and workmanship for 90 daysfrom the date of purchase. If the Goods are found defective within 90 days of original purchase, Activision agrees to replace, free of charge, any such defective Goods within such period, upon its receipt of the program (postage paid, with proof of the date of purchase) so long as the Goods are still being manufactured by Activision. If the Goods are no longer available, Activision retains the right to substitute similar goods of equal or greater value. This warranty is limited to the Goods, 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 HEREIN, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
For customers in North America: For information about warranty replacement, or other customer service inquires, call (310) 255-2050 in North America; or if you prefer to not call, please visit http://support.activision.com. If a replacement is appropriate you will need to return: (1) the original Goods; (2) a copy of your dated sales receipt; (3) your name and return address; (4) a description of the defect, the problem(s) you are encountering; and (5) the incident/RMA number given to you by Customer Support. In the United States, send to: Warranty Replacements, Activision Publishing, Inc., 100 N. Sepulveda Blvd. Suite 900, El Segundo, CA 90245; outside of the United States please visit http://support.activision.com.
For customers in Australia: This warranty is provided in addition to other rights and remedies you may have regarding the Goods provided to you in this game bundle, under the Australian Consumer Law. The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. Please contact Activision on 1300 748 995 or email ausupport@activision.com or mail PO Box 544 Pyrmont NSW 2009 if you have an issue with the Goods provided to you in this game bundle. If a replacement or repair is required Activision will instruct you on the process. As part of the process you may be asked to send: (1) the CD-ROM/DVD (not including manual or case) in protective packaging; (2) the accessory; (3) photocopy of your dated sales receipt; (4) your name and return address typed or clearly printed; (5) a brief note describing the defect, the problem(s) you are encountering, and the system on which you are running the software; and (6) the incident number given to you by Customer Support. You may be required to also send a cheque or money order but if your claim is determined to be a valid you may be entitled to a refund of this amount. Unless otherwise directed by Customer Support, please send replacements (registered mail recommended) to Limited Disc/Peripheral Warranty Replacements, Activision Blizzard Australia Pty Ltd, PO Box 6711, St Kilda Road Central, Melbourne VIC 8008, Australia. The provisions of the Limitation of Liability clause below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth).
For customers in EU and other countries: This warranty is provided without prejudice to your statutory rights as a consumer which will always prevail. Activision will only be responsible for any loss or damage you suffer that is a foreseeable result of the breach of this Agreement by Activision or its negligence. Nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from negligence, fraudulent misrepresentation; or any other liability that cannot be excluded or limited by English law. This section shall prevail over all other parts of this Agreement. For information about warranty replacement, or other customer service inquires please check: http://www.activision.com/support.
LIMITATION ON DAMAGES: ACTIVISION SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, 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 THE PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS 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 the Program and all of its component parts. You may also terminate the Agreement at any time by permanently deleting any installation of the Program, and destroying all copies of the Program in your possession or control. The License Limitations, limitation on damages, limited warranty, indemnity,and miscellaneous provisions shall survive termination of this agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Program has 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.