Activision Cut The Rope: Triple Treat - Manual (Page 14)

file:///C|/...2007%2018%2013%203DS/(Product%20License%20Service%20Agreement)%203DS_EN%20(FINAL%2007%2018%2013).txt[10/18/2013 3:01:32 PM]
Business and Legal Affairs. The notice must be sent within 30 days of purchasing the Product (or if no purchase was
made, then within 30 days of the date on which you first access or use the Product), otherwise you shall be bound to
arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions,
Activision also will not be bound by them.
22. JURISDICTION AND APPLICABLE LAW
22.1 The Product is made available subject to the terms of this Agreement. If you acquired and use the Product from:
A. the United States Mexico, or Canada, then you are contracting with Activision Publishing, Inc., 3100 Ocean Park
Boulevard, Santa Monica, CA 90405-3032 and any claims arising out of this Agreement (including interpretation,
claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) will be
subject to the laws of the state of California, without reference to conflict of laws principles. If any court or arbitrator
determines that the class action waiver set forth in Section 21.5 is void or unenforceable for any reason or that an
arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation,
claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be
decided under the laws of the state where you were a citizen at the time you obtained or bought the Product that was
subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state
or federal courts in Los Angeles County, California to resolve any claims that are subject to exceptions to the
arbitration agreement described in Section 21 above, or otherwise determined to be arbitrable.
B. the European Union, then you are contracting with Cooperatie Activision Blizzard International UA of
Beechavenue 131, 1119RB Schipohol-Rijk, Netherlands and the laws of England and Wales govern the interpretation
of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other
claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to
the laws of the European Union country (e.g., the United Kingdom, the French Republic, or the Federal Republic of
Germany) in which you acquired and use the Product. In addition, with respect to jurisdiction, you may choose either
the courts of the country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in
which you acquired and use the Product, or in the alternative the courts of England and Wales or other court as
applicable under the Brussels Regulation EC 44/2001.
C. Australia or Japan, then you are contracting with Cooperatie Activision Blizzard International UA of Beechavenue
131, 1119RB Schipohol-Rijk, Netherlands and the laws of Australia govern the interpretation of this Agreement and
apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims
regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in
which you acquired and use the Product (being either Australia or Japan). To the extent permitted by applicable law,
you agree to the jurisdiction of the courts of New South Wales, Australia.
D. If you acquired and use this Product from countries other than those listed in sections A, B and C above then you
do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are
applicable, and you expressly indemnify and hold harmless Activision from any and all claims, loss, injury, damage, or
costs arising from your use of the Product to the extent permitted by applicable law. No warranty or representation is
made by Activision that the Product or any use of the Product outside of the countries listed in sections A, B and C
above with any applicable local law. Further your use of the Product and all claims arising out of or related to the
Product or this Agreement will, to the extent permitted under applicable law, be subject to the laws of England and
Wales, without reference to conflict of laws principles and you consent to the jurisdiction of the courts of England and
Wales.
22.2 To the fullest extent permitted by applicable law, if any user outside of the United States is entitled to commence
and/or participate in legal proceedings within the United States, then that user agrees to be bound by Section 21,
“BINDING ARBITRATION AND CLASS ACTION WAIVER”.
23. GENERAL