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." ? 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: 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 CD or floppy disk 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) 870 241 2148 In Australia send to: Warranty Replacements Activision Level 5, 51 Rawson Street EPPING NSW 2121 AUSTRALIA 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 the Program and all of its component parts. U.S. GOVERNMENT RESTR...
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