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Activision Cut The Rope: Triple Treat User Manual

Page 12

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file:///C|/...2007%2018%2013%203DS/(Product%20License%20Service%20Agreement)%203DS_EN%20(FINAL%2007%2018%2013).txt[10/18/2013 3:01:32 PM]

liable for the removal of or disabling of access to any Product.

18. OWNERSHIP

All title, ownership, and intellectual property rights in and to the Product (including without limitation any titles,
trademarks, service marks, trade names, computer code, themes, objects, characters, character names, stories, dialog,
catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, and any related documentation) are owned by Activision and/or Activision’s licensors. The
Product is licensed, not sold, for your use. Your license confers no title or ownership in this Product and should not be
construed as a sale of any rights in the Product.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU BY THIS
AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY PRODUCT
OR SERVICE PROVIDED CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS, GAME
CHARACTERS, OR VIRTUAL CURRENCY), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PRODUCTS
AND SERVICE PROVIDED CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE
BENEFIT OF ACTIVISION AND/OR ITS LICENSORS.

You agree that all Products and Third Party Materials contain proprietary content, information and material that are
protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will
not use such proprietary content, information or materials in any way whatsoever except for permitted use. No portion
of the Products or Third Party Materials may be reproduced in any form or by any means other than as permitted under
the applicable license.

19. CHANGES TO THE AGREEMENT

Activision reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, or delete any
of the terms and conditions of this Agreement at any time, effective with or without prior notice; provided, however,
that Activision will disclose material changes (as determined in Activision’s sole and absolute discretion) in one or
more of the following ways: by posting notification on any Product website, by email, patch process, pop-up screen, or
in-Product notice. Your continued use of the Product following any revision to this Agreement constitutes your
acceptance of any such changes. Additionally, you may be asked to affirmatively accept updates to this Agreement
from time to time. Note that if you do not affirmatively indicate your acceptance when requested, you may not be able
to continue to use the Product or Service Provided Content. In relation to Products and Service Provided Content you
have paid for, if you do not wish to accept a change to the Agreement, please stop using the Product or Service
Provided Content and contact Activision to determine whether you are eligible for a refund.

20. DRM

If you access content protected with Digital Rights Management (“DRM”), the software may automatically request
media usage rights from a rights server online and download and install DRM updates so that you can play the
content.

21. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION 21 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Dispute Resolution and Arbitration.

21.1 This Section 21 applies to you if you are domiciled in and/or acquired and use the Product in the United States.
This Section 21 may also apply to you if you are domiciled in and/or acquired and use the Product from outside the
United States. See Section 22 for details.