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140 lines
8.7 KiB
140 lines
8.7 KiB
SOFTWARE LICENSE AGREEMENT
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IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE
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LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL SOFTWARE INCLUDED WITH
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THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR
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ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS.
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BY OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM AND ANY SOFTWARE
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PRGRAMS INCLUDED WITHIN, YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION,
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INC. ("ACTIVISION").
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LIMITED USE LICENSE. Subject to the conditions described below, Activision
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grants you the non-exclusive, non-transferable, limited right and license to
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install and use one copy of this Program solely and exclusively for your
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personal use. All rights not specifically granted under this Agreement are
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reserved by Activision and, as applicable, Activision's licensors. This Program
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is licensed, not sold, for your use. Your license confers no title or ownership
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in this Program and should not be construed as a sale of any rights in this
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Program.
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LICENSE CONDITIONS.
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You shall not:
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o Exploit this Program or any of its parts commercially.
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o Use this Program, or permit use of this Program, on more than one computer,
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computer terminal, or workstation at the same time.
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o Make copies of this Program or any part thereof, or make copies of the
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materials accompanying this Program.
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o Use the program, or permit use of this Program, in a network, multi-user
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arrangement or remote access arrangement, including any online use, except as
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otherwise explicitly provided by this Program.
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o Sell, rent, lease or license any copies of this Program, without the express
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prior written consent of Activision.
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o Remove, disable or circumvent any proprietary notices or labels contained on
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or within the Program.
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OWNERSHIP. All title, ownership rights and intellectual property rights in and
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to this Program and any and all copies thereof (including but not limited to any
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titles, computer code, themes, objects, characters, character names, stories,
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dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical
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compositions, audio-visual effects, methods of operation, moral rights, any
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related documentation, and "applets" incorporated into this Program) are owned
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by Activision, affiliates of Activision or Activision's licensors. This Program
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is protected by the copyright laws of the United States, international copyright
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treaties and conventions and other laws. This Program contains certain licensed
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materials and Activision's licensors may protect their rights in the event of
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any violation of this Agreement.
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PROGRAM UTILITIES. This Program contains certain design, programming and
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processing utilities, tools, assets and other resources ("Program Utilities")
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for use with this Program that allow you to create customized new game levels
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and other related game materials for personal use in connection with the Program
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("New Game Materials"). The use of the Program Utilities is subject to the
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following additional license restrictions:
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" You agree that, as a condition to your using the Program Utilities, you will
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not use or allow third parties to use the Program Utilities and the New Game
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Materials created by you for any commercial purposes, including but not limited
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to selling, renting, leasing, licensing, distributing, or otherwise transferring
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the ownership of such New Game Materials, whether on a stand alone basis or
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packaged in combination with the New Game Materials created by others, through
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any and all distribution channels, including, without limitation, retail sales
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and on-line electronic distribution. You agree not to solicit, initiate or
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encourage any proposal or offer from any person or entity to create any New Game
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Materials for commercial distribution. You agree to promptly inform Activision
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in writing of any instances of your receipt of any such proposal or offer.
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" If you decide to make available the use of the New Game Materials created by
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you to other gamers, you agree to do so solely without charge.
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" New Game Materials may be created only if such New Game Materials can be used
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exclusively in combination with the retail version of the Program. New Game
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Materials may not be designed to be used as a stand-alone product.
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" New Game Materials must not contain any illegal, obscene or defamatory
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materials, materials that infringe rights of privacy and publicity of third
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parties or (without appropriate irrevocable licenses granted specifically for
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that purpose) any trademarks, copyright-protected works or other properties of
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third parties.
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" All New Game Materials must contain prominent identification at least in any
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on-line description and with reasonable duration on the opening screen: (a) the
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name and E-mail address of the New Game Materials' creator(s) and (b) the words
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"THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION."
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WARRANTY INFORMATION. THIS PROGRAM IS PROVIDED AS IS. ACTIVISION AND ITS
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AFFILIATES MAKE NO WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR
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IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND
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SHALL BE BINDING ON OR OBLIGATE ACTIVISION OR ITS AFFILIATES.
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LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION OR ANY AFFILIATES OF
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ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING
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FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO
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PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
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PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION'S LIABILITY SHALL NOT
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EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME
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STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
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AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
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THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY
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TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
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RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
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TERMINATION. Without prejudice to any other rights of Activision, this Agreement
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will terminate automatically if you fail to comply with its terms and
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conditions. In such event, you must destroy all copies of this Program and all
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of its component parts.
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U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation have been
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developed entirely at private expense and are provided as "Commercial Computer
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Software" or "restricted computer software." Use, duplication or disclosure by
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the U.S. Government or a U.S. Government subcontractor is subject to the
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restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical
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Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in
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subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted
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Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is
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Activision, Inc., 3100 Ocean Park Boulevard, Santa Monica, California 90405.
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INJUNCTION. Because Activision would be irreparably damaged if the terms of this
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Agreement were not specifically enforced, you agree that Activision shall be
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entitled, without bond, other security or proof of damages, to appropriate
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equitable remedies with respect to breaches of this Agreement, in addition to
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such other remedies as Activision may otherwise have under applicable laws.
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INDEMNITY. You agree to indemnify, defend and hold Activision, its partners,
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affiliates, licensors, contractors, officers, directors, employees and agents
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harmless from all damages, losses and expenses arising directly or indirectly
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from your acts and omissions to act in using the Product pursuant to the terms
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of this Agreement
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MISCELLANEOUS. This Agreement represents the complete agreement concerning this
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license between the parties and supersedes all prior agreements and
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representations between them. It may be amended only by a writing executed by
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both parties. If any provision of this Agreement is held to be unenforceable for
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any reason, such provision shall be reformed only to the extent necessary to
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make it enforceable and the remaining provisions of this Agreement shall not be
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affected. This Agreement shall be construed under California law as such law is
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applied to agreements between California residents entered into and to be
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performed within California, except as governed by federal law and you consent
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to the exclusive jurisdiction of the state and federal courts in Los Angeles,
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California.
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If you have any questions concerning this license, you may contact Activision at
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3100 Ocean Park Boulevard, Santa Monica, California 90405, (310) 255-2000,
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Attn. Business and Legal Affairs, legal@activision.com
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