10 Minute Solution® Angry Birds™ Trilogy Animal Planet™ Vet Life Apache Air Assault Activision Anthology SCORE International® Baja 1000™ Bakugan™ Battle Brawlers Bakugan™ Battle Trainer Bakugan™: Defenders of the Core Barbie™ in the 12 Dancing Princesses Barbie® Fashion Show: An Eye for Style™ Barbie™ as the Island Princess Barbie™ and the Three Musketeers Hot Wheels® Battle Force 5® Bee Movie™ Game Fish Tycoon® Hidden Expedition: Titanic" Mystery Case Files®: Huntsville™ Mystery Case Files®: Prime Suspects™ Big League Sports Blood Drive Blur Quantum of Solace GoldenEye 007™: Reloaded 007™ Legends Bratz® Fashion Boutique Cabela's® Adventure Camp Cabela's® African Safari Cabela's® Alaskan Adventures Cabela's® Big Game Hunter Cabela's® Dangerous Hunts™ Cabela's® Trophy Bucks Cabela's® Dangerous Hunts 2™ Cabela’s® Dangerous Hunts 2009 Cabela's® Outdoor Adventures™ Cabela’s® Legendary Adventures™ Cabela's® Outdoor Adventures™ Cabela’s® Big Game Hunter 2010 Cabela’s® Monster Buck Hunter Cabela’s® North American Adventures Cabela’s® Dangerous Hunts 2011 Cabela’s® Big Game Hunter 2012 Cabela’s® Big Game Hunter®: Hunting Party Cabela's Survival: Shadows of Katmai ™ CABELA’S® HUNTING EXPEDITIONS CABELA’S® DANGEROUS HUNTS 2013 Chaotic®:Shadow Warriors Call of Duty® Call of Duty® 2: Big Red One Call of Duty®: Finest Hour Call of Duty®: Roads to Victory Call of Duty®: United Offensive Call of Duty®: Modern Warfare® Mobilized Call of Duty 2® Call of Duty® 3 Call of Duty® 4: Modern Warfare™ Call of Duty®: World at War Call of Duty®: Modern Warfare® 2 Crash Bandicoot® Purple: Ripto's Rampage Crash Twinsanity" Crash Bandicoot�: The Wrath of Cortex Crash� Boom Bang! Crash™ Nitro Kart Crash® of the Titans Crash & Spyro SuperPack" Crash" SuperPack" Crash� Tag Team Racing Crash Bandicoot®: Mind Over Mutant Dancing With The Stars™ Dancing with the Stars™: We Dance! Day of Defeat™ DJ Hero DJ Hero 2 Doom 3™ DOOM 3™: Resurrection of Evil™ Doom™ Collector’s Edition DreamWorks® Super Star Kartz™ Shark Tale™ Family Guy™ Back To The Multiverse Generator Rex: Agent of Providence Geometry Wars: Retro Evolved 2™ Golf: Tee It Up! Greg Hastings' Tournament Paintball MAX'D™ Greg Hastings' Tournament Paintball™ Guitar Hero ® Metallica ® Guitar Hero®: Aerosmith® Guitar Hero II® Guitar Hero® III: Legends of Rock Guitar Hero® Encore: Rocks the 80s™ Guitar Hero® World Tour Guitar Hero®: On Tour Guitar Hero® On Tour: Decades™ Guitar Hero® On Tour: Modern Hits Guitar Hero ® Smash Hits Band Hero™ Guitar Hero® Van Halen® Guitar Hero® 5 Guitar Hero®: Warriors of Rock Hot Wheels™: Beat That! iCarly® iCarly 2: iJoin the Click! Ice Age™: Dawn of the Dinosaurs Ice Age™ Continental Drift - Arctic Games The Invincible Iron Man™ Jurassic: The Hunted Kelly Slater’s Pro Surfer® Kung Fu Panda: Legendary Warriors ™ Kung Fu Panda ™ Lalaloopsy™ Lalaloopsy™ Carnival of Friends™ Lemony Snicket's A Series of Unfortunate Events™ Little League World Series Baseball 2008 Little League® World Series Baseball 2009 Madagascar™ Operation Penguin Madagascar Kartz™ Madagascar: Escape 2 Africa ™ video game Madagascar™ Marvel™: Ultimate Alliance Marvel™: Ultimate Alliance 2 Mat Hoffman's Pro BMX™ 2 Men In Black™: Alien Crisis Monster Jam Monster Jam® Path of Destruction Monsters vs. Aliens ™ Moshi Monsters™ Moshling Zoo Moshi Monsters™ Moshlings™ Theme Park MTX: Mototrax™ The Mummy: Tomb of the Dragon Emperor™ NASCAR The Game 2011 NASCAR® Unleashed Over the Hedge™ Hammy Goes Nuts! Percy Jackson & the Olympians: The Lightning Thief™ Pimp My Ride™ Pitfall: The Big Adventure Pitfall!™ Pitfall®: The Lost Expedition™ Prototype™ PROTOTYPE®2 Enemy Territory: QUAKE Wars™ QUAKE 4™ QUAKE II™ QUAKE III Arena™ QUAKE III: Team Arena™ QUAKE II™ Mission Pack 2: Ground Zero QUAKE™ II Mission Pack 1: The Reckoning Rapala® Pro Fishing Rapala® Tournament Fishing Rapala® Fishing Frenzy 2009 Rapala® We Fish™ Rapala® Pro Bass Fishing Rapala® for Kinect™ Science Papa Shrek 2™ Shrek 2™: Beg for Mercy Shrek 2™: Team Action Shrek-n-Roll™ Shrek’s Carnival Craze™ Party Games SHREK the THiRD™ Shrek®: Ogres & Dronkeys™ Shrek® Smash n' Crash Racing Shrek® SuperSlam Shrek Forever After™ Singularity™ Soldier of Fortune® Payback Space Camp Spider-Man™ Spider-Man™ 2: Enter Electro™ Spider-Man 2™ The Game Spider-Man™ 3 The Game Spider-Man™: Battle for New York Spider-Man™: Friend or Foe Spider-Man™: Mysterio's Menace™ Ultimate Spider-Man™ Spider-Man™: Web of Shadows Spider-Man™: Shattered Dimensions Spider-Man™: Edge of Time The Amazing Spider-Man™ The Spiderwick Chronicles™ Spyro™: Attack of the Rhynocs Spyro™: Season of Flame™ Spyro™ SuperPack™ The Legend of Spyro®: Dawn of the Dragon The Legend of Spyro™: The Eternal Night The Legend of Spyro™: A New Beginning Spyro™: Enter the Dragonfly Spyro A Hero's Tail™ Spyro™ Orange: The Cortex Conspiracy Spyro Shadow Legacy™ SQUiNKiES™ Squinkies™ 2: Adventure Mall Surprize! Tenchu® 2 Tenchu®: Return From Darkness™ Tenchu®: Wrath of Heaven™ The History Channel®: Battle for the Pacific HISTORY™ Civil War: Secret Missions The History Channel®: Civil War - A Nation Divided The Movies™ The Movies™: Stunts & Effects Expansion Pack Tony Hawk’s American Sk8land™ Tony Hawk's American Wasteland™ Tony Hawk's Downhill Jam Tony Hawk's Project 8" Tony Hawk's Pro Skater" Tony Hawk's Pro Skater™ 2 Tony Hawk's Pro Skater™ 4 Tony Hawk's Underground Tony Hawk's Underground™ 2 Tony Hawk's Underground™ 2 Remix Tony Hawk’s Motion Tony Hawk's Proving Ground Tony Hawk: RIDE Tony Hawk's Pro Skater™ 3 Tony Hawk®: SHRED Tony Hawk’s Pro Skater HD Transformers™: The Game Transformers™ Animated: The Game Transformers™: Revenge of the Fallen™ Transformers™: War for Cybertron™ TRANSFORMERS™: DARK OF THE MOON™ TRANSFORMERS PRIME THE GAME The Trash Pack™ True Crime�: New York City Vampire®: The Masquerade - Bloodlines™ Vigilante 8®: Arcade Wakeboarding Unleashed™ Wipeout: The Game Wipeout: In The Zone Wipeout 2 Wipeout 3 Wolfenstein 3D™ RTCW: Operation Resurrection (PS2), RTCW: Tides of War (Xbox) Return to Castle Wolfenstein™ Wolfenstein World Series of Poker®: Tournament of Champions Wreck-It Ralph Wreckless: The Yakuza Missions™ X-Men™ Legends X-Men™: Mutant Academy 2 X-Men™: Next Dimension X-Men™: Reign of Apocalypse X2: Wolverine's™ Revenge X-Men Origins: Wolverine ™ Uncaged Edition X-Men™: Destiny ZhuZhu Pets™: Featuring the Wild Bunch & Kung Zhu™ Quest for Zhu™ ZhuZhu Babies™ ZhuZhu Pets™: Featuring the Wild Bunch & Kung Zhu™ Zombie Wranglers™ Zoobles™!
Game Boy™ Advance Games for Windows™ iPad iPhone Macintosh CD-Rom N-Gage Nintendo 3DS™ Nintendo 64 Nintendo DS" Nintendo DS" Lite Nintendo GameCube" Online Broadband Only PC CD-Rom PC DVD ROM PLAYSTATION® 3 PlayStation™ 2 PlayStation™ console PSP" PSP™ system Wii" WiiU Wireless Game Xbox 360® Xbox LIVE™ Xbox LIVE™ Arcade Xbox™
Action / Adventure Action Sports Family Entertainment / Casual First Person Shooter Music Rhythm Navy Tactical / Shooter Racing RPG Strategy Third Person Shooter
19 October 2012
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 22
PRODUCT LICENSE AND SERVICE AGREEMENT (the “Agreement”)
You agree that your use of this Activision website, application for mobile phone or tablet (“App”), Account (as defined below), service or other property (including Service and/or Service Provided Content as defined below) operated and provided to you by Activision, or other software provided to you by Activision, including any patches, updates, and downloadable content associated with any App or other software (collectively “Product” or “Products”) which posts, links to, or otherwise incorporates this Agreement, shall be subject to the terms of this Agreement.
All rights not expressly granted to you are reserved by Activision and its licensors.
2. ACCESS AND COSTS
You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet or other connection charges, required to access and use the Product. Activision makes no warranty that the Product can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a “Device”, or in the plural, “Devices”), by means of any specific Internet or other connection provider, or in all countries.
YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE PRODUCT.
5. USE OF DATA
6. USER GENERATED CONTENT
7. COPYRIGHT NOTICE
8. ACTIVISION ACCOUNTS (including Accounts for “Call of Duty Elite”)
YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. YOU SHOULD NOT REVEAL YOUR ACCOUNT PASSWORD TO OTHERS.
9. SERVICE PROVIDED CONTENT
10. CONSENT TO MONITOR
If you have a complaint regarding the Product or desire further information on use of a Product, visit Activision's Customer Support web pages at www.support.activision.com.
The license granted under this Agreement is effective until terminated by you or Activision. Your rights under this Agreement will terminate automatically without notice from Activision if you fail to comply with any term(s) of this Agreement or applicable Third Party Terms. Upon termination of the license, you shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
Activision reserves the right to terminate this Agreement without cause on immediate written notice. Activision’s maximum liability to you in the event of such termination shall be limited to the amount paid by you to and received by Activision for the Product in the immediately preceding twelve (12) months.
13. THIRD PARTIES
The Product may enable, or require, access to other third party materials, services or web sites (“Third Party Materials”). Use of Third Party Materials may require additional terms of service.
You understand that by using any Third Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable. You agree (i) to use Third Party Materials at your sole risk; (ii) that Activision shall not have any liability to you for Third Party Materials; (iii) Activision is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Third Party Materials are provided solely as a convenience to you.
Applicable third parties (such as your console account, mobile phone, or internet access account provider) may also impose limits on the use of or access to certain Products, in any case and without notice or liability. You agree that Activision shall not be liable for any acts or omissions of such third parties.
14. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Activision and its affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers and licensors (“Indemnified Party”, and collectively the "Indemnified Parties") from and against any claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with (i) any breach by you of the Agreement, and/or (ii) your posting or uploading any UGC.
Activision reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Activision's defense of such claim.
16. RISK OF LOSS
PLEASE READ THIS SECTION 22 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Dispute Resolution and Arbitration.
This Section 22 applies to you if you are domiciled in and/or acquired and use the Product in the USA.
This Section 22 may also apply to you if you are domiciled in and/or acquired and use the Product from outside the USA. See Section 23 for details.
(A) Initial Dispute Resolution: Our Customer Support department is available by phone (800 225-6588) or on the web (support.activision.com) to address any concerns you may have regarding the Product. Most concerns are quickly resolved in this manner to our customer’s satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(B) Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to paragraph (a) above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Activision will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Activision will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(C) Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in the County of Los Angeles, State of California, United States of America, and you and Activision agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
(D) Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ACTIVISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in paragraph (B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(E) Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy, publicity rights, or the license granted under Section 3 of this Agreement). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(F) 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in paragraphs (B), (C) and (D) by sending written notice of your decision to opt-out to the following address: Activision Publishing, Inc., of 3100 Ocean Park Boulevard, Santa Monica, CA 90405-3032, Attn: Business and Legal Affairs. The notice must be sent within 30 days of purchasing the Product (or if no purchase was made, then within 30 days of the date on which you first access or use the Product), otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Activision also will not be bound by them.
The Product is made available subject to the terms of this Agreement. If you acquired and use the Product from:
the United States of America then you are contracting with Activision Publishing, Inc., of 3100 Ocean Park Boulevard, Santa Monica, CA 90405-3032 and any claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) will be subject to the laws of the state of California, without reference to conflict of laws principles. If any court or arbitrator determines that the class action waiver set forth in Section 22 (D) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you obtained or bought the Product that was subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles, California, USA to resolve any claims that are subject to exceptions to the arbitration agreement described in Section 22 above, or otherwise determined to be arbitrable. The parties agree that the arbitration agreement in Section 22(B) shall be governed by the Federal Arbitration Act.
the United Kingdom, the French Republic, the Federal Republic of Germany, then you are contracting with Cooperatie Activision Blizzard International UA of Beechavenue 131, 1119RB Schipohol-Rijk, Netherlands and the laws of England and Wales govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country (e.g. the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Product. In addition, with respect to jurisdiction, you may choose either the courts of the country (e.g. the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Product, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.
locations other than the United States of America, the United Kingdom, the French Republic of the Federal Republic of Germany, then you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold harmless Activision from any and all claims, loss, injury, damage or costs arising from your use of the Product to the extent permitted by applicable law. No warranty or representation is made by Activision that the Product or any use of the Product outside of the United States of America, the United Kingdom, the French Republic, or the Federal Republic of Germany, complies with any applicable local law. Further:
your use of the Product and all claims arising out of or related to the Product or this Agreement will, to the extent permitted under applicable law, be subject to the laws of the State of California, without reference to conflict of laws principles and you consent to the exclusive jurisdiction and venue of state and federal courts in Los Angeles, California, USA to resolve any claims that are subject to exceptions to the arbitration agreement described in Section 22 above, or otherwise determined to be arbitrable.;
in respect of users who live in and use the Product from a member state of the European Union other than the United Kingdom the French Republic, or the Federal Republic of Germany, to the extent that Sections 23.1 (C) and (C)(i) above are held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, you agree that the laws of England and Wales govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the member state of the European Union in which you acquired and use the Product. In addition, with respect to jurisdiction, you may choose either the courts of the member state of the European Union in which you live, acquired and use the Product, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.
To the fullest extent permitted by applicable law, if any user outside of the United States of America is entitled to commence and/or participate in legal proceedings within the United States of America, then that user agrees to be bound by Section 22 “BINDING ARBITRATION AND CLASS WAIVER”.
Subject to 22. C above, if any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment and Transfer
We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
You consent to Activision providing you notifications about the Product or information the law requires us to provide via email to any address that you specified if you were required to register for the Product. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Product. For Products that do not require you to register or provide any email address, notices and other information may be made available in updates to this Agreement.
Activision shall not be liable for any delay or failure to perform resulting from causes outside Activision’s reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Activision's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
In the event that you breach this Agreement, you hereby agree that Activision would be irreparably damaged if this Agreement were not specifically enforced, and therefore 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 available to it under applicable laws.
Activision Publishing, Inc., is located at 3100 Ocean Park Blvd., Santa Monica, CA 90405, and its Customer Support telephone number is 001 (800) 225-6588.
Export and Commercial Items
You may not use or otherwise export or re-export the Product except as authorized by United States law and, if applicable, the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the Product may not be exported, re-exported, or downloaded into (or transferred to a resident of) (a) Cuba, North Korea, Iran, Syria, Sudan, any U.S. embargoed countries or any country against which the U.S. Government maintains comprehensive economic sanctions, or to a national of Cuba or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Product, you represent and warrant that you are not located in, under the control of, or a resident of any such country, a national of Cuba, or on any such list. You also agree that you will not use these Products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Product and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
This Agreement constitutes the entire agreement and understanding between you and Activision, and supersedes any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.