Activision Skylanders Giants - Manual (Page 13)

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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 $20 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 warranty replacements at
(800) 255-6588 or www.activision.com/support.
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.