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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, 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, licensors,
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.
If you have any questions concerning this license, you may contact Activision at 3100 Ocean Park
Boulevard, Santa Monica, California 90405, (310) 255-2000, Attn. Business and Legal Affairs,
legal@activision.com
In the U.S. send to:
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, California 90067
In Europe send to:
Activision
Gemini House
133 High Street
Yiewsley
West Drayton
Middlesex UB7 7QL
United Kingdom
In Australia send to:
Warranty Replacements
Activision
P.O. Box 873
Epping, NSW 2121, Australia
Activision to understand and analyze broad, anonymous market information about our consumers,
so that Activision can better serve their needs and demands. Activision will only share such
information with third parties, if at all, in the aggregate, reflecting overall computer features and
capabilities.
PROGRAM UTILITIES. This Program contains certain design, programming and processing utilities,
tools, assets and other resources ("Program Utilities") for use with this 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 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 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 payable
to Activision for $10 U.S. (A$17 for Australia, or £10.00 for Europe) currency per CD. Note: Certified
mail recommended.