Instruction Manual

25
• AllNewGameMaterialsmustcontainprominentidentication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.”
• AllNewGameMaterialscreatedbyyoushallbeexclusivelyownedbyActivisionand/oritslicensorsasaderivativework(assuch
term is described under U.S. copyright law) of the Program and Activision and its licensors may use any New Game Materials made publicly
available by you for any purpose whatsoever, including but not limited to, for purpose of advertising and promoting the Program.
LIMITED WARRANTY: Excepting patches, updates and any downloaded content, and this Program if you are downloading it from an
authorized Activision online reseller, 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. IN NO EVENT 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 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 STATE TO STATE.
Except with respect to patches, updates, downloaded content and this Program if you download it from an authorized Activision online
reseller, please refer to Warranty procedures relating to your country of residence from the lists below. If you download this Program from an
authorized Activision online reseller, please refer to your authorized Activision online reseller for warranty information and procedures.
When returning the Software for warranty replacement, please contact us as follows:
For customers in North America: Please contact Activision Customer Support by telephone at 1-800-225-6588 or via the web at
http;//www.activision.com/support.
Customer Support will help you determine if a replacement is necessary. If a replacement is appropriate we will instruct you on the Return
Material Authorization (“RMA”) process. As part of the RMA process you will be asked to send: (1) the original Software disks (not including
manual or case) sent only in protective packaging and include; (2) photocopy of your dated sales receipt; (3) your name and return address
typed or clearly printed; (4) a brief note describing the defect, the problem(s) you are encountering, and the system on which you are running
the Software; and (5) the incident number given to you by Customer Support.
Note: Certified mail recommended. In the United States, send to:
Warranty Replacements
Activision Publishing, Inc.
100 N. Sepulveda Blvd. Suite 900
El Segundo, CA 90245
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 Publishing, 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.