1SOFTWARE LICENSE AGREEMENT 2 3IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE 4LICENSE TERMS SET FORTH BELOW. PROGRAM INCLUDES ALL SOFTWARE INCLUDED WITH THIS 5AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR 6ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. 7BY OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM AND ANY SOFTWARE 8PROGRAMS INCLUDED WITHIN, YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION, 9INC. ( ACTIVISION ). 10 11 LIMITED USE LICENSE. Subject to the conditions described below, 12Activision grants you the non-exclusive, non-transferable, limited right and 13license to install and use one copy of this Program solely and exclusively for 14your personal use. All rights not specifically granted under this Agreement are 15reserved by Activision and, as applicable, Activision's licensors. This Program 16is licensed, not sold, for your use. Your license confers no title or ownership 17in this Program and should not be construed as a sale of any rights in this 18Program. 19 20LICENSE CONDITIONS. 21You shall not: 22 Exploit this Program or any of its parts commercially. 23 Use this Program, or permit use of this Program, on more than one computer, 24computer terminal, or workstation at the same time. 25 Make copies of this Program or any part thereof, or make copies of the 26materials accompanying this Program. 27 Use the program, or permit use of this Program, in a network, multi-user 28arrangement or remote access arrangement, including any online use, except as 29otherwise explicitly provided by this Program. 30 Sell, rent, lease or license any copies of this Program, without the express 31prior written consent of Activision. 32 Remove, disable or circumvent any proprietary notices or labels contained on 33or within the Program. 34 35OWNERSHIP. All title, ownership rights and intellectual property rights 36in and to this Program and any and all copies thereof (including but not 37limited to any titles, computer code, themes, objects, characters, character 38names, stories, dialog, catch phrases, locations, concepts, artwork, animation, 39sounds, musical compositions, audio-visual effects, methods of operation, moral 40rights, any related documentation, and applets incorporated into this Program) 41are owned by Activision, affiliates of Activision or Activision's licensors. 42This Program is protected by the copyright laws of the United States, 43international copyright treaties and conventions and other laws. This Program 44contains certain licensed materials and Activision's licensors may protect their 45rights in the event of any violation of this Agreement. 46 47PROGRAM UTILITIES. This Program contains certain design, programming and 48processing utilities, tools, assets and other resources (Program Utilities) for 49use with this Program that allow you to create customized new game levels and 50other related game materials for personal use in connection with the Program 51(New Game Materials). The use of the Program Utilities is subject to the 52following additional license restrictions: 53 54You agree that, as a condition to your using the Program Utilities, you will not 55use or allow third parties to use the Program Utilities and the New Game 56Materials created by you for any commercial purposes, including but not limited 57to selling, renting, leasing, licensing, distributing, or otherwise transferring 58the ownership of such New Game Materials, whether on a stand alone basis or 59packaged in combination with the New Game Materials created by others, through 60any and all distribution channels, including, without limitation, retail sales 61and on-line electronic distribution. You agree not to solicit, initiate or 62encourage any proposal or offer from any person or entity to create any New 63Game Materials for commercial distribution. You agree to promptly inform 64Activision in writing of any instances of your receipt of any such proposal or 65offer. 66If you decide to make available the use of the New Game Materials created by 67you to other gamers, you agree to do so solely without charge. 68New Game Materials may be created only if such New Game Materials can be used 69exclusively in combination with the retail version of the Program. New Game 70Materials may not be designed to be used as a stand-alone product. 71New Game Materials must not contain any illegal, obscene or defamatory 72materials, materials that infringe rights of privacy and publicity of third 73parties or (without appropriate irrevocable licenses granted specifically for 74that purpose) any trademarks, copyright-protected works or other properties of 75third parties. 76All New Game Materials must contain prominent identification at least in any 77on-line description and with reasonable duration on the opening screen: (a) the 78name and E-mail address of the New Game Materials creator(s) and (b) the words 79THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION. 80 81WARRANTY INFORMATION. THIS PROGRAM IS PROVIDED AS IS. ACTIVISION AND ITS 82AFFILIATES MAKE NO WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR 83IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 84PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND 85SHALL BE BINDING ON OR OBLIGATE ACTIVISION OR ITS AFFILIATES. 86 87LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION OR ANY AFFILIATES OF 88ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING 89FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO 90PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT 91PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN 92ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION'S LIABILITY SHALL NOT 93EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME 94STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS 95AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 96THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY 97TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER 98RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. 99 100TERMINATION. Without prejudice to any other rights of Activision, this Agreement 101will terminate automatically if you fail to comply with its terms and 102conditions. In such event, you must destroy all copies of this Program and all 103of its component parts. 104U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation have been 105developed entirely at private expense and are provided as Commercial Computer 106Software or restricted computer software. Use, duplication or disclosure by the 107U.S. Government or a U.S. Government subcontractor is subject to the 108restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical 109Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in 110subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted 111Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is 112Activision, Inc., 3100 Ocean Park Boulevard, Santa Monica, California 90405. 113 114INJUNCTION. Because Activision would be irreparably damaged if the terms of this 115Agreement were not specifically enforced, you agree that Activision shall be 116entitled, without bond, other security or proof of damages, to appropriate 117equitable remedies with respect to breaches of this Agreement, in addition to 118such other remedies as Activision may otherwise have under applicable laws. 119 120INDEMNITY. You agree to indemnify, defend and hold Activision, its partners, 121affiliates, licensors, contractors, officers, directors, employees and agents 122harmless from all damages, losses and expenses arising directly or indirectly 123from your acts and omissions to act in using the Product pursuant to the terms 124of this Agreement 125 126MISCELLANEOUS. This Agreement represents the complete agreement concerning this 127license between the parties and supersedes all prior agreements and 128representations between them. It may be amended only by a writing executed by 129both parties. If any provision of this Agreement is held to be unenforceable for 130any reason, such provision shall be reformed only to the extent necessary to 131make it enforceable and the remaining provisions of this Agreement shall not be 132affected. This Agreement shall be construed under California law as such law is 133applied to agreements between California residents entered into and to be 134performed within California, except as governed by federal law and you consent 135to the exclusive jurisdiction of the state and federal courts in Los Angeles, 136California. 137 138If you have any questions concerning this license, you may contact Activision 139at 3100 Ocean Park Boulevard, Santa Monica, California 90405, (310) 255-2000, 140Attn. Business and Legal Affairs, legal@activision.com 141