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