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Activision Amazing Spider-Man User Manual

Page 6

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Spider-Man, the Character: TM & © 2012 Marvel Characters, Inc. The Amazing Spider-Man, the Movie © 2012 Columbia Pictures Industries, Inc. All
Rights Reserved. Game © 2012 Activision Publishing, Inc. Activision is a registered trademark of Activision Publishing, Inc. Nintendo trademarks and
copyrights are properties of Nintendo. The ESRB rating icon is a registered trademark of the Entertainment Software Association. All other trademarks
and trade names are the properties of their respective owners.

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/.
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 LI-

ABILITY 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/ Manufac-

turer 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 ap-

plicable laws.
INDEMNITY. You agree to indemnify, defend and hold Activision, its partners, affiliates, contractors, officers, directors, em-

ployees 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 super-

sedes 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.

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 ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES AND DERIVATIVE WORKS OF

SUCH SOFTWARE AND MATERIALS. BY OPENING THIS 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 solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved

by Activision. This Program is 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.
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, and any related documentation, incorporated into this Program) are owned by Activision or its 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.
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 consent of Activision.

• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole

or in part.

• Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
• Hack or modify (or attempt to modify or hack) the Program, or create, develop, modify, distribute or use any software pro-

grams, in order to gain (or allow others to gain) advantage of this Program in an on-line multiplayer game settings including

but not limited to local area network or any other network play or on the internet.

• 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 war-

ranty 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, mistreatment 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.