SOFTWARE LICENSE
AGREEMENT
IMPORTANT - READ CAREFULLY: USE OF CALL OF DUTY IS SUBJECT
TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL
SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED
MATERIALS, AND ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES
OF SUCH SOFTWARE AND MATERIALS. BY OPENING THIS PACKAGE, INSTALLING, AND/OR
USING THE PROGRAM AND ANY SOFTWARE PROGRAMS INCLUDED WITHIN, YOU ACCEPT THE
TERMS OF THIS LICENSE WITH ACTIVISION, INC. ("ACTIVISION").
LIMITED USE LICENSE. Subject to the conditions described
below, Activision grants you the non-exclusive, non-transferable, limited right
and license to install and use one copy of this Program solely and exclusively
for your personal use. All rights not specifically granted under this Agreement
are reserved by Activision and, as applicable, Activision’s licensors. This
Program is licensed, not sold, for your use. Your license confers no title or
ownership in this Program and should not be construed as a sale of any rights
in this Program.
LICENSE CONDITIONS.
You shall not:
• Exploit this Program
or any of its parts commercially, including but not limited to use at a cyber
cafe, computer gaming center or any other location-based site. Activision may
offer a separate Site License Agreement to permit you to make this Program
available for commercial use; see the contact information below.
• Use this Program, or
permit use of this Program, on more than one computer, computer terminal, or
workstation at the same time.
• Make copies of this
Program or any part thereof, or make copies of the materials accompanying this
Program.
• Copy this Program
onto a hard drive or other storage device; you must run this Program from the
included CD-ROM (although this Program itself may automatically copy a portion
of this Program onto your hard drive during installation in order to run more
efficiently).
• Use the program, or
permit use of this Program, in a network, multi-user arrangement or remote
access arrangement, including any online use, except as otherwise explicitly
provided by this Program.
• Sell, rent, lease,
license, distribute or otherwise transfer this Program, or any copies of this
Program, without the express prior written consent of Activision.
• Reverse engineer,
derive source code, modify, decompile, disassemble, or create derivative works
of this Program, in whole or in part.
• Remove, disable or
circumvent any proprietary notices or labels contained on or within the
Program.
• Export or re-export
this Program or any copy or adaptation in violation of any applicable laws or regulations
of the United Sates government.
OWNERSHIP. All title, ownership rights and intellectual
property rights in and to this Program and any and all copies thereof
(including but not limited to any titles, computer code, themes, objects,
characters, character names, stories, dialog, catch phrases, locations,
concepts, artwork, animation, sounds, musical compositions, audio-visual
effects, methods of operation, moral rights, any related documentation, and
"applets" incorporated into this Program) are owned by Activision,
affiliates of Activision or Activision’s licensors. This Program is protected
by the copyright laws of the United States, international copyright treaties
and conventions and other laws. This Program contains certain licensed materials
and Activision’s licensors may protect their rights in the event of any
violation of this Agreement.
PROGRAM UTILITIES. This Program contains certain design,
programming and processing utilities, tools, assets and other resources
("Program Utilities") for use with this Program that allow you to
create customized new game levels and other related game materials for personal
use in connection with the Program ("New Game Materials"). The use of
the Program Utilities is subject to the following additional license
restrictions:
• You agree that, as a
condition to your using the Program Utilities, you will not use or allow third
parties to use the Program Utilities and the New Game Materials created by you
for any commercial purposes, including but not limited to selling, renting,
leasing, licensing, distributing, or otherwise transferring the ownership of
such New Game Materials, whether on a stand alone basis or packaged in
combination with the New Game Materials created by others, through any and all
distribution channels, including, without limitation, retail sales and on-line
electronic distribution. You agree not to solicit, initiate or encourage any
proposal or offer from any person or entity to create any New Game Materials
for commercial distribution. You agree to promptly inform Activision in writing
of any instances of your receipt of any such proposal or offer.
• If you decide to
make available the use of the New Game Materials created by you to other
gamers, you agree to do so solely without charge.
• New Game Materials
shall not contain modifications to any COM, EXE or DLL files or to any other
executable Product files.
• New Game Materials
may be created only if such New Game Materials can be used exclusively in
combination with the retail version of the Program. New Game Materials may not
be designed to be used as a stand-alone product.
• New Game Materials
must not contain any illegal, obscene or defamatory materials, materials that
infringe rights of privacy and publicity of third parties or (without
appropriate irrevocable licenses granted specifically for that purpose) any
trademarks, copyright-protected works or other properties of third parties.
• All New Game
Materials must contain prominent identification at least in any on-line
description and with reasonable duration on the opening screen: (a) the name
and E-mail address of the New Game Materials’ creator(s) and (b) the words
"THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION."
• All New Game
Materials created by you shall be exclusively owned by Activision and/or its
licensors as a derivative work (as such term is described under U.S. copyright
law) of the Program and Activision and its licensors may use any New Game
Materials made publicly available by you for any purpose whatsoever, including
but not limited to, for purpose of advertising and promoting the Program.
LIMITED WARRANTY: Activision warrants to the original
consumer purchaser of this Program that the recording medium on which the
Program is recorded will be free from defects in material and workmanship for
90 days from the date of purchase. If the recording medium is found defective
within 90 days of original purchase, Activision agrees to replace, free of
charge, any product discovered to be defective within such period upon its
receipt of the Product, postage paid, with proof of the date of purchase, as
long as the Program is still being manufactured by Activision. In the event
that the Program is no longer available, Activision retains the right to
substitute a similar program of equal or greater value. This warranty is
limited to the recording medium containing the Program as originally provided
by Activision and is not applicable to normal wear and tear. This warranty
shall not be applicable and shall be void if the defect has arisen through
abuse, mistreatment, or neglect. Any implied warranties prescribed by statute
are expressly limited to the 90-day period described above.
EXCEPT AS
SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL
OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER
REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE
ACTIVISION. WILL ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THIS PRODUCT, INCLUDING
DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL
INJURY, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
When returning the Program for warranty replacement please
send the original product disks only in protective packaging and include: (1) a
photocopy of your dated sales receipt; (2) your name and return address typed
or clearly printed; (3) a brief note describing the defect, the problem(s) you
are encountered and the system on which you are running the Program; (4) if you
are returning the Program after the 90-day warranty period, but within one year
after the date of purchase, please include cheque or money order payable to
Activision for $10 U.S. ($19 AUD for Australia, or £10.00 for Europe)
currency per CD. Note: Certified mail recommended.
In Europe
send to:
WARRANTY
REPLACEMENTS
MEGA Enterprise Co.
NamChung Bldg, 7F, 13-19 Yoido-dong,
Yongdungpo-ku, Seoul, Korea #150-010
Tel: 82 2323 6036
URL: www.megaking.co.kr
LIMITATION ON DAMAGES: IN NO EVENT WILL ACTIVISION BE LIABLE
FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE
OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL,
COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES
FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. ACTIVISION’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID
FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION
OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
TERMINATION: Without prejudice to any other rights of
Activision, this Agreement will terminate automatically if you fail to comply
with its terms and conditions. In such event, you must destroy all copies of
this Program and all of its component parts.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Program and
documentation have been developed entirely at private expense and are provided
as "Commercial Computer Software" or "restricted computer
software." Use, duplication or disclosure by the U.S. Government or a U.S.
Government subcontractor is subject to the restrictions set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of
the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as
applicable. The Contractor/Manufacturer is Activision, Inc., 3100 Ocean Park
Boulevard, Santa Monica, California 90405.
INJUNCTION: Because Activision would be irreparably damaged
if the terms of this Agreement were not specifically enforced, you agree that
Activision shall be entitled, without bond, other security or proof of damages,
to appropriate equitable remedies with respect to breaches of this Agreement,
in addition to such other remedies as Activision may otherwise have under
applicable laws.
INDEMNITY: You agree to indemnify, defend and hold
Activision, its partners, affiliates, licensors, contractors, officers,
directors, employees and agents harmless from all damages, losses and expenses
arising directly or indirectly from your acts and omissions to act in using the
Product pursuant to the terms of this Agreement.
MISCELLANEOUS: This Agreement represents the complete
agreement concerning this license between the parties and supersedes all prior
agreements and representations between them. It may be amended only by a
writing executed by both parties. If any provision of this Agreement is held to
be unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable and the remaining provisions of this
Agreement shall not be affected. This Agreement shall be construed under
California law as such law is applied to agreements between California
residents entered into and to be performed within California, except as
governed by federal law and you consent to the exclusive jurisdiction of the
state and federal courts in Los Angeles, California.
If you have any questions concerning this license, you may
contact Activision at 3100 Ocean Park Boulevard, Santa Monica, California
90405,USA, (310) 255-2000, Attn. Business and Legal Affairs,
legal@activision.com.