License

SOFTWARE LICENSING AGREEMENT
IMPORTANT - READ CAREFULLY: YOUR USE OF Cora3 (THE "PROGRAM") IS SUBJECT TO THE
SOFTWARE LICENSE TERMS SET FORTH BELOW. THE "PROGRAM" INCLUDES ALL SOFTWARE INCL
UDED WITH THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY O
N-LINE 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 THE PROGRAM, YOU ACCEPT THE TERMS OF THIS LIC
ENSE WITH ACTIVISION, INC. ("ACTIVISION").
LIMITED USE LICENSE. Subject to the conditions described below, Expert Software,
Inc. and Activision Value Publishing, Inc.(hereinafter collectively referred to
as "Activision") grant you the non-exclusive, non-transferable, limited right a
nd license to install and use one copy of the 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. The Program
is licensed, not sold, for your use. Your license confers no title or ownership
in the Program and should not be construed as a sale of any rights in the Progra
m. All rights not specifically granted under this Agreement are reserved by Acti
vision and, as applicable, its licensors.
LICENSE CONDITIONS
You agree not to:
Exploit the 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 th
e Program available for commercial use; see the contact information below.
Sell, rent, lease, license, distribute or otherwise transfer this Program, or an
y copies of this Program, without the express prior written consent of Activisio
n.
Use the Program, or permit use of the Program, in a network, multi-user arrangem
ent or remote access arrangement, including any on-line use, except as otherwise
specifically provided by the Program.
Use the Program, or permit use of the Program, on more than one computer, comput
er terminal, or workstation at the same time.
Make copies of the Program or any part thereof, except for back up or archival p
urposes, or make copies of the materials accompanying the Program.
Copy the Program onto a hard drive or other storage device; you must run the Pro
gram from the included CD-ROM (although the Program itself may automatically cop
y a portion of the Program onto your hard drive during installation in order to
run more efficiently).
Reverse engineer, derive source code, modify, decompile, or disassemble the Prog
ram, in whole or in part.
Remove, disable or circumvent any proprietary notices or labels contained on or
within the Program.
Export or re-export the Program or any copy or adaptation thereof in violation o
f any applicable laws or regulations.
OWNERSHIP. All title, ownership rights and intellectual property rights in and t
o the Program and any and all copies thereof are owned by Activision or its lice
nsors. The Program is protected by the copyright laws of the United States, inte
rnational copyright treaties and conventions and other laws. The Program contain
s certain licensed materials and Activision's licensors may protect their rights
in the event of any violation of this Agreement. You agree not to remove, disab
le or circumvent any proprietary notices or labels contained on or within the Pr
ogram.
LIMITED WARRANTY. Activision warrants to the original consumer purchaser of the
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 defec

tive within such period upon its receipt of the Product, postage paid, with proo
f 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 re
tains 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 warr
anty shall not be applicable and shall be void if the defect has arisen through
abuse, mistreatment, or neglect. Any implied warranties prescribed by statute ar
e expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHE
THER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABIL
ITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESEN
TATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE ACTIVISION.
When returning the Program for warranty replacement please send the original pro
duct disks only in protective packaging and include: (1) a photocopy of your dat
ed 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 Progra
m after the 90-day warranty period, but within one year after the date of purcha
se, please include check or money order for $10 U.S.(A$17 for Australia, or 10.00
for Europe) currency per CD or floppy disk replacement.
Note: Certified mail recommended.
In the U.S. send to:
Activision Value Publishing, Inc.
7800 Equitable Dr.
Eden Prairie, MN 55344
LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL, INCIDE
NTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF T
HE 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. ACTIVIS
ION'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE TH
IS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIE
D WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTI
AL 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 MA
Y 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 condition
s. In such event, you must destroy all copies of the Program and all of its comp
onent parts.
U.S. GOVERNMENT RESTRICTED RIGHTS. the Program and documentation have been devel
oped entirely at private expense and are provided as "Commercial Computer Softwa
re" or "restricted computer software." Use, duplication or disclosure by the U.S
. Government or a U.S. Government subcontractor is subject to the restrictions s
et 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) a
nd (2) of the Commercial Computer Software Restricted Rights clauses at FAR52.22
7-19, 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 en
titled, without bond, other security or proof of damages, to appropriate equitab
le remedies with respect to breaches of this Agreement, in addition to such othe
r remedies as Activision may otherwise have under applicable laws.

INDEMNITY. You agree to indemnify, defend and hold Activision, its partners, lic
ensors, affiliates, contractors, officers, directors, employees and agents harml
ess from all damages, losses and expenses arising directly or indirectly from yo
ur 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 representati
ons 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, s
uch provision shall be reformed only to the extent necessary to make it enforcea
ble and the remaining provisions of this Agreement shall not be affected. This A
greement shall be construed under California law as such law is applied to agree
ments between California residents entered into and to be performed within Calif
ornia, except as governed by federal law and you consent to the exclusive jurisd
iction of the state and federal courts in Los Angeles, California.
If you have any questions concerning this license, you may contact Activision at
7800 Equitable Dr. Eden Prairie, MN 55344, USA, (952)-918-9400. Attn. Business
and Legal Affairs.

License

Uploaded by

Copyright:

Available Formats

License

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

License

Uploaded by

Copyright:

Available Formats

SOFTWARE LICENSING AGREEMENT

Activision agrees to replace, free of charge, any product discovered to be defec

r remedies as Activision may otherwise have under applicable laws.

You might also like