Activision Cut The Rope: Triple Treat - Manual (Page 16)

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]
applicable, the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the
Product may not be exported, re-exported, or downloaded into (or transferred to a resident of) (a) Cuba, North Korea,
Iran, Syria, Sudan, any U.S. embargoed countries or any country against which the U.S. Government maintains
comprehensive economic sanctions, or to a national of Cuba or (b) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals and Blocked Persons or the U.S. Department of Commerce Denied Persons List or
Entity List. By using the Product, you represent and warrant that you are not located in, under the control of, or a
resident of any such country, a national of Cuba, or on any such list. You also agree that you will not use the Product
for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture
or production of nuclear missiles, or chemical or biological weapons.
The Product and related documentation are “Commercial Items”, as defined in 48 C.F.R. §2.101, consisting of
“Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in
48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those
rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved
under the copyright laws of the United States.
23.9 Entire Agreement
This Agreement constitutes the entire agreement and understanding between you and Activision, and supersedes any
prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained
herein.
SUPPLEMENTAL TERMS – GERMANY, FRANCE, SPAIN.
The following Sections below supersede and replace the corresponding Sections above for users who are domiciled in
and and/or acquired and use the Product from the Germany, France or Spain.
Section 6.1: User Generated Content
If you are resident in Germany, by submitting any UGC (including without limitation, images, videos, customer service
submissions, idea submissions, suggestions and message postings) to the Service (including without limitation, to the
contest portions of the Service), you grant (or represent and warrant that the owner of such rights has expressly
granted) Activision for the purpose of operating and providing the Service in the interest of you and other users a
perpetual, worldwide, royalty-free, irrevocable right and license to use, reproduce, modify, adapt, publish, translate,
sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form,
medium, or technology now known or later developed throughout the world, and you agree that Activision shall be
entitled to use the UGC for these purpose. In the event that Activision intends to use a piece of UGC for any other
purposes, Activision will obtain your express consent beforehand.
Section 13: Termination
The license granted under this Agreement is effective until terminated by you or Activision. Activision may terminate
this Agreement without notice if you commit a material breach of this Agreement or applicable Third Party Terms
which would entitle Activision to terminate this Agreement for cause without prior warning. Upon termination of the
license, you shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
Activision’s maximum liability to you in the event of such termination shall be limited to the amount paid by you to
and received by Activision for the Product in the immediately preceding twelve (12) months.
Section 16: Risk of Loss
You bear all risk of loss for accessing or completing the download of any Product and for any loss of any Product that