beautypg.com

Software license agreement, Video game – Activision Call of Duty: Black Ops II User Manual

Page 23

background image

23

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 specifi cally 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 programs, in

order to gain (or allow others to gain) advantage of this Program in any 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 fi nds 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, 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 fi tness 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 Software for warranty replacement, please contact us as follows:
For customers in North America: Please contact Activision Customer Support by telephone at 1-800-225-6588 or via the web at

http://www.activision.com/support.
Customer Support will help you determine if a replacement is necessary. If a replacement is appropriate we will instruct you on the

Return Material Authorization (“RMA”) process. As part of the RMA process you will be asked to send: (1) the original Software disks

(not including manual or case) sent only in protective packaging and include; (2) photocopy of your dated sales receipt; (3) your

name and return address typed or clearly printed; (4) a brief note describing the defect, the problem(s) you are encountering, and the

system on which you are running the Software; and (5) the incident number given to you by Customer Support.
Note: Certifi ed mail recommended. In the United States, send to:
Warranty Replacements

100 N. Sepulveda Blvd, Suite 900

El Segundo, CA 90245
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.

ESRB Game Ratings

The Entertainment Software Rating Board (ESRB) ratings are designed to provide

consumers, especially parents, with concise, impartial guidance about the age-

appropriateness and content of computer and video games. This information can

help consumers make informed purchase decisions about which games they deem

suitable for their children and families.
ESRB ratings have two equal parts:
Rating Symbols suggest age appropriateness for the game. These symbols

appear on the front of virtually every game box available for retail sale or

rental in the United States and Canada.

Content Descriptors indicate elements in a game that may have triggered a

particular rating and/or may be of interest or concern. The descriptors appear

on the back of the box next to the rating symbol.

For more information, visit www.ESRB.org.

E

VIDEO

GAME

ON FRONT

ON BACK

VIDEO

GAME

WARNING Before playing this game, read the Xbox 360

®

console,

Xbox 360 Kinect

®

Sensor, and accessory manuals for important safety and health

information.

www.xbox.com/support.

Important Health Warning: Photosensitive Seizures

A very small percentage of people may experience a seizure when exposed to

certain visual images, including flashing lights or patterns that may appear in

video games. Even people with no history of seizures or epilepsy may have an

undiagnosed condition that can cause “photosensitive epileptic seizures” while

watching video games. Symptoms can include light-headedness, altered vision,

eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion,

momentary loss of awareness, and loss of consciousness or convulsions that can

lead to injury from falling down or striking nearby objects. Immediately stop

playing and consult a doctor if you experience any of these symptoms.

Parents, watch for or ask children about these symptoms— children and teenagers

are more likely to experience these seizures. The risk may be reduced by being

farther from the screen; using a smaller screen; playing in a well-lit room, and not

playing when drowsy or fatigued. If you or any relatives have a history of seizures

or epilepsy, consult a doctor before playing.