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SOFTWARE LICENSE AGREEMENT
IMPORTANT - 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 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
PRGRAMS 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:
o Exploit this Program or any of its parts commercially.
o Use this Program, or permit use of this Program, on more than one computer,
computer terminal, or workstation at the same time.
o Make copies of this Program or any part thereof, or make copies of the
materials accompanying this Program.
o Use the program, or permit use 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.
o Sell, rent, lease or license any copies of this Program, without the express
prior written consent of Activision.
o Remove, disable or circumvent any proprietary notices or labels contained on
or within the Program.
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 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 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."
WARRANTY INFORMATION. THIS PROGRAM IS PROVIDED AS IS. ACTIVISION AND ITS
AFFILIATES MAKE NO WARRANTIES OF ANY KIND, 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 OR ITS AFFILIATES.
LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION OR ANY AFFILIATES OF
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 LIMITAIONS 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
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