Activision Call of Duty: Modern Warfare 3 - Manual (Page 17)

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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: Certified mail recommended. In the United States, send to:
Warranty Replacements
Activision Publishing, Inc.
P.O. Box 67713
Los Angeles, California 90067
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.
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/ 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 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, 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 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.