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IMPORTAN T
- READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE LICENSE
TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL SOFTWARE INCLUDED WITH THIS
AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ONLINE 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, 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 this 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. This 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.
LICENSE CONDITIONS.
You shall not:
• Exploit this 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 this Program available for commercial use; see the contact
information below.
• Use this P rogram, or permit use of this Program, on more than one computer, computer terminal, or
workstation at the same time.
• Make copies of this Program or any part thereof, or make copies of the materials accompanying this
Program.
• Copy this Program onto a hard drive or other storage device; you must run this Program from the
included CD-ROM (although this Programitself may automatically copy a portion of this Programonto
your hard drive during installation in order to run more efficiently).
• Use theprogram, or permituse of this Program, in a network, multi-user arrangement or remote access
arrangement, including any online use, except as otherwise explicitly provided by this Program.
• Sell, rent, lease, license, distribute or otherwise transfer this Program, or any copies of this Program,
without the express prior written consent of Activision.
• Reverse engineer ,derive source code, modify, decompile, disassemble, or create derivative works of this
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 this Program or any copy or adaptation in violation of any applicable laws or
regulations of the United Sates government.
OWNERSHIP
. All title, ownership rights and intellectual property rights in and to this Program and any
and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters,
character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical
compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and
"applets" incorporated into this Program) are owned by Activision, affiliates of Activision or Activision's
licensors. 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 Activision's
licensors may protect their rights in the event of any violation of this Agreement.
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 ProgramUtilities, you will notuse 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 daysfrom 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.
WILL ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE RESULTING
FROM POSSESSION, USE OR MALFUNCTION OF THIS PRODUCT, INCLUDING DAMAGE TO
PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF
ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT
ALLOW LIMITATIONSON 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
STATETOSTATE.
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 cheque or money order
payable to Activision for $10 U.S. ($19 AUD for Australia, or £10.00 for Europe) currency per CD. Note:
Certified mail recommended.
In Europe send to:
WARRANTY REPLACEMENTS
ACTIVISION (UK) Ltd., Parliament House, St Laurence Wa y, Slough, Berkshire, SL1 2BW, United
Kingdom.
Disc Replacement: +44 (0)870 241 2148
In Australia send to:
WARRANTY REPLACEMENTS
ACTIVISION Asia Pacific, Level 5, 51 Rawson Street, Epping, NSW 2121, Australia.
Disc Replacement: 612 9869 0955
LIMITA TION 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 MALFUNCTIONAND, TO THEEXTENT PERMITTED BYLAW, 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 ordisclosure bythe U.S.Government or a U.S. Governmentsubcontractor 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 remedieswith respect to breaches ofthis Agreement, in addition tosuch
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 theProduct 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. Ifany provision of this Agreement is held tobe 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,USA, (310) 255-2000, Attn. Business and Legal Affairs,
legal@activision.com.
SOFTWARE LICENSE AGREEMENT