Activision Amazing Spider-Man User Manual

Page 6

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.
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and conditions. In such event, you must destroy all copies of this Program and all of its component parts.
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as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Gov-

ernment 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

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INDEMNITY. You agree to indemnify, defend and hold Activision, its partners, affiliates, 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 Agree-

ment 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.

copyrights are properties of Nintendo.The ESRB rating icon is a registered trademark of the Entertainment Software Association. All other trademarks

SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. “PROGRAM”

INCLUDES THE SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR

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PACKAGE, AND/OR USING THE PROGRAM, YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION PUBLISHING, INC. (“ACTIVISION”).
LIMITED USE LICENSE. Activision grants you the non-exclusive, non-transferable, limited right and license to use one copy of this Program

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licensed, not sold. Your license confers no title or ownership in this Program and should not be construed as a sale of any rights in this Program.
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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, and any related documentation,

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This Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. This

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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.

• Sell, rent, lease, license, distribute or otherwise transfer this Program, or any copies of this Program, without the express prior written

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• Export or re-export this Program or any copy or adaptation in violation of any applicable laws or regulations.
LIMITED SOFTWARE 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 days from the date of purchase. If the purchaser finds

the recorded medium of the Program defective within 90 days of original purchase, Activision agrees to replace, free of charge, such recorded

medium of the Program discovered to be defective within such period upon its receipt of the recorded medium of the Program, 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 product of equal or greater value. This warranty is limited to the recording medium of 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, mistreat-

ment or neglect. This remedy is the purchaser’s sole, exclusive remedy, and is in lieu of all other express warranties. Any implied warranties on

this product prescribed by statute, including but not limited to an implied warranty of merchantability or fitness for a

particular purpose, are expressly limited in duration to the 90-day period described above. Activision reserves the right to

modify this warranty prospectively at any time and from time to time in our sole discretion.
When returning the Program for warranty replacement please send the original product disc or cartridge, as applicable, 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 encountering and the system on which you are running the Program; and (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 $15 U.S.

currency per disc or cartridge replacement, as applicable.
NOTE: Certified mail is recommended.
For customers in North America: Please contact Activision Customer Support for an RMA by telephone at 1-800-225-6588 or via the web at

http://support.activision.com.
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ING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER

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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE