Activision Destiny User Manual

SOFTWARE LICENSE AGREEMENT

USE OF THIS SOFTWARE PROGRAM (AND ANY PATCHES AND UPDATES), INCLUDING BUT NOT
LIMITED TO ANY TITLES, COMPUTER CODE, THEMES, OBJECTS, CHARACTERS, CHARACTER
NAMES, STORIES, DIALOG, CATCH PHRASES, LOCATONS, CONCEPTS, ARTWORK, ANIMATION,
SOUNDS, MUSICAL COMPOSITIONS, AUDIO-VISUAL EFFECTS, METHODS OF OPERATION, MORAL
RIGHTS AND ANY RELATED DOCUMENTATION INCORPORATED INTO THIS SOFTWARE PROGRAM,
THE ASSOCIATED MEDIA, PRINTED MATERIALS, AND/OR ONLINE OR ELECTRONIC
DOCUMENTATION (collectively, “Program”) IS SUBJECT TO THIS SOFTWARE LICENSE AGREEMENT
(“Agreement”). BY OPENING THIS PACKAGE, DOWNLOADING, INSTALLING, AND/OR USING THE
PROGRAM, YOU ACCEPT THE TERMS OF THIS AGREEMENT AMONG YOU, BUNGIE, INC. (“Bungie”)
AND 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. IF YOU WISH 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
[phone] IN NORTH AMERICA TO REQUEST A REFUND OF THE PURCHASE PRICE. FOR
PURCHASERS OUTSIDE NORTH AMERICA, PLEASE VISIT www.activision.com/support.

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. PLEASE REVIEW THE
ADDITIONAL TERMS OF SERVICE AT http://www.bungie.net/eula BEFORE INSTALLING OR USING THE
PROGRAM.

LIMITED USE LICENSE: Bungie grants you the non-exclusive, personal, non-transferable, limited right and
license to install and use one copy of this Program solely for your non-commercial use. All rights not specifically
granted are reserved by Bungie. The 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 Agreement
shall also apply to patches or updates you may obtain for the Program, unless that patch or update is accompanied by
additional terms as provided in the section regarding “Changes to the Agreement” below .

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 Bungie’s copyrights in and to the Program. You agree that
you will not do, or allow, any of the following: (1) exploit this Program or any of its parts commercially; (2) use this
Program on more than one computer/console at the same time; (3) copy, reproduce, distribute, display or use any
part of this Program except as expressly authorized by Bungie herein; (4) copy this Program onto a hard drive or
other storage device unless the Program itself makes a copy during installation, or unless you are downloading this
Program from an authorized Activision online reseller; (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 this Program or any copies thereof; (7) reverse engineer, derive source
code, modify, decompile, disassemble, or create derivative works of this 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 this 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 and any copies
thereof are owned by Bungie. 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 Bungie’s
and/or Activision’s licensors may protect their rights in the event of any violation of this Agreement.

PATCHES AND UPDATES: Bungie may deploy or provide patches, updates, and modifications to the Program
that must be installed for you to continue to use the Program. Bungie may update the Program remotely without

notifying you, and you hereby grant to Bungie consent to deploy and apply such patches, updates, and
modifications.

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 days from 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 [phone] in North America; or if you prefer to not call, please visit www.activision.com/support. 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 www.activision.com/support.

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 [e-mail] 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: IN NO EVENT WILL BUNGIE OR 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 BUNGIE OR ACTIVISION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BUNGIE’S AND 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 Bungie or 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. 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. Bungie or
Activision may terminate this Agreement at any time for any reason or no reason. In such event, you must destroy
all copies of the Program and all of its component parts. 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 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.

PRIVACY: Your use of the Program shall be subject to the terms of the Privacy Policy available at

http://www.bungie.net/eula.

INJUNCTION: Because Bungie and Activision would be irreparably damaged if the terms of this Agreement were
not specifically enforced, you agree that Bungie and/or 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 Bungie and Activision may otherwise have under applicable laws.

INDEMNITY: You agree to indemnify, defend, and hold Bungie and Activision, their partners, affiliates, licensors,
contractors, officers, directors, employees, and agents harmless from all damages, losses and expenses arising
directly or indirectly from your breach of this Agreement and/or your acts and omissions in using the Program
pursuant to the terms of this Agreement.

CHANGES TO THE AGREEMENT: Bungie reserves the right, at its sole discretion, to change, modify, add to,
supplement or delete any of the terms and conditions of this Agreement when Bungie upgrades or patches the
Program. The changes to the Agreement will be effective upon prior notice as follows: Bungie will post the revised
version of this Agreement on its website, may include the terms with a patch or update and require acceptance as
part of the installation process, or may provide such other notice as Bungie may elect in its sole discretion. If any
future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this
Agreement, you may terminate this Agreement and receive a refund in accordance with this Agreement. Your
installation and use of any of Bungie’s updates, patches or modifications to the Program or your continued use of the
Program following notice of changes to this Agreement will demonstrate your acceptance of any and all such
changes. Bungie may change, modify, suspend, or discontinue any aspect of the Program at any time. Bungie may
also impose limits on certain features or restrict your access to parts or all of the Program without notice or liability.
You have no interest, monetary or otherwise, in any feature or content contained in the Program.

MISCELLANEOUS: This Agreement is the complete agreement concerning this license between the parties and
supersedes all prior agreements and representations between them. 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. To the extent permitted by applicable law: (i)
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 (ii) you consent
to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California.