Activision Amazing Spider-Man - Manual (Page 9)

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LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE
OR MALFUNCTION OF THE PRODUCT, 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 PRODUCT. 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 Product and all of its component parts.
INJUNCTION. Because Activision would be irreparably damaged if the terms of this
Agreement were not specifi cally 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, affi liates,
contractors, offi cers, 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.
LACO.ENUK.2011.11