SOFTWARE LICENSE
AGREEMENT
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CUSTOMER SUPPORT
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Phone: (310) 255-2050
You can call our 24-hour voice-mail system for answers to our most
frequently asked questions at the above number. Contact a Customer Support
Representative at the same number between the hours of 9:00 am and 5:00
pm (Pacific Time), Monday through Friday, except holidays. When calling
please make sure you are in front of your computer with the power on and
have all the necessary information as listed above at hand.
Please do not send any game returns directly to Activision without first
contacting Customer Support. It is our policy that game returns/refunds
must be dealt with by the retailer or online site where you purchased the
product. Please see the Limited Warranty contained within our Software
License Agreement for warranty replacements.
SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: YOUR USE OF THIS SOFTWARE (THE “PROGRAM”) IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH
BELOW. THE “PROGRAM” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS,
AND ANY ON-LINE 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 THE PROGRAM, YOU ACCEPT THE
TERMS OF THIS LICENSE WITH ACTIVISION, INC. (“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 the 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. 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. All rights not specifically granted under this Agreement
are reserved by Activision and, as applicable, its licensors.
LICENSE CONDITIONS
You agree not to:
• Exploit the 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 the 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.
• Use the Program, or permit use of the Program, in a network, multi-user arrangement or remote access arrangement, including any on-line use,
except as otherwise specifically provided by the Program.
• Use the Program, or permit use of the Program, on more than one computer, computer terminal, or workstation at the same time.
• Make copies of the Program or any part thereof, except for back up or archival purposes, or make copies of the materials accompanying the
Program.
• Copy the Program onto a hard drive or other storage device; you must run the Program from the included CD-ROM (although the Program itself
may automatically copy a portion of the Program onto your hard drive during installation in order to run more efficiently).
• Reverse engineer, derive source code, modify, decompile, or disassemble the Program, in whole or in part.
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
• Export or re-export the Program or any copy or adaptation thereof in violation of any applicable laws or regulations.
OWNERSHIP: All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof are owned by Activision
or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws.
The Program contains certain licensed materials and Activision’s licensors may protect their rights in the event of any violation of this Agreement. You
agree not to remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
THE PROGRAM UTILITIES: The Program contains certain design, programming and processing utilities, tools, assets and other resources (“the
Program Utilities”) for use with the 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 the 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.”
LIMITED WARRANTY: Activision warrants to the original consumer purchaser of the 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.
When returning the Program for warranty 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 are encountered and the system on which you are running the Program; (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 $10 U.S. (A$19 for Australia, or £10.00 for Europe) currency per
disc replacement. Note: Certified mail recommended.
In the U.S. send to:
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, California 90067
In Europe send to:
WARRANTY REPLACEMENTS
ACTIVISION (UK) Ltd., Parliament House,
St Laurence Way, Slough, Berkshire,
SL1 2BW, United Kingdom.
Disc Replacement: +44 (0) 8705 143 525
In Australia send to:
Warranty Replacements
Activision
Level 5
51 Rawson Street
Epping, NSW 2121
Australia