| Language: |
BETA PARTICIPATION PROGRAM AGREEMENT
This Call of Duty: Black Ops III Beta Participation Program Agreement (this “Agreement”) is a legal agreement among you, the end-user, and Activision Publishing, Inc. (“Activision”).
BY DOWNLOADING, INSTALLING, ACCESSSING, AND/OR PLAYING THE BETA FOR CALL OF DUTY: BLACK OPS III (THE “GAME”), YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Activision shall provide a digital download or other means of downloading, installing, and accessing the Game beta (the “Software”), and to participate in the Game beta program (the “Beta Test”). Your use of the use of the Software, and participation in the Beta Test, shall be subject to the terms and conditions of this Agreement.
2. The Beta Test is a beta test of certain portions the Game, and is subject to Activision’s absolute discretion regarding duration, limitations, features, and participation. Activision may, at any time and for any reason, suspend or terminate the Beta Test and/or your participation in the Beta Test. Activision may terminate this Agreement, your participation in the Beta Test, and your license to use the Software, with or without cause and without the need of providing you any prior notice. Such termination may be made by Activision via active measures, including issuing a disabling command to your installation of the Software.
3. Activision provides no representation or warranty regarding the quality, function, availability, suitability, or any other aspect of the Software and/or Beta Test. You agree and acknowledge that the Software is not complete and that the Software and/or Beta Test may contain errors, bugs, or other problems that could cause errors and damage to your computer system. Your use of the Software and participation in the Beta Test is at your own risk. Activision shall not be obligated to provide and technical support, warranties or remedies for the Software and/or Beta Test. ACTIVISION DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND/OR BETA TEST. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY. ACTIVISION DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE AND/OR BETA TEST WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ACTIVISION AND SHOULD NOT BE RELIED UPON. This Section shall survive the cancellation or termination of this Agreement.
4. ACTIVISION, AND ACTIVISION'S AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUB-LICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF, ACTIVISION, OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Section shall survive the cancellation or termination of this Agreement.
5. Your unauthorized use of the Software, or any part thereof, shall immediately and irreparably damage Activision such that Activision could not be adequately compensated solely by a monetary award, and in such event, Activision shall be entitled to injunctive relief (in addition to all other available remedies, including a monetary damages) to prohibit such unauthorized use without the necessity of Activision posting a bond or other security.
6. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, Activision grants to you the non-exclusive, revocable, and limited right to use the Software only in executable or object code form, on a single gaming console (or PC) owned by you or in your possession, and to participate in the Beta Test. The Software may not be downloaded, shipped, transferred, exported or re-exported into any country in violation of the United States Export Administration Act (or any other law governing such matters) by you or anyone at your direction, and you may not utilize, and shall not authorize anyone to utilize, the Software in any other manner in violation of any applicable law. Activision reserves all rights not granted in this Agreement, including, without limitation, all rights to trademarks.
7. You may not:
a. Reproduce, copy, sell, rent, lend, or otherwise transfer or distribute the Software by any means, including via the Internet;
b. Commercially use or exploit the Software or Beta Test in any fashion;
c. Disassemble, reverse engineer, decompile, or translate the Software;
d. Prepare or develop derivative works based upon the Software;
e. Remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software; or
f. Remove, alter, modify, disable, or reduce any of the anti-piracy measures contained in the Software, including, without limitation, measures relating to multiplayer play.
8. If you provide us with feedback regarding the use, operation or functionality of the Game (“Feedback”), including but not limited to information about operating results, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to us all rights in the Feedback and agree that we shall have the right to use the Feedback and related information in any manner we deem appropriate, without any payment or other consideration to you.
9. The Software and all copyrights, trademarks, and other intellectual property rights related thereto are owned by Activision and are protected by United States copyright and intellectual property laws, international treaty provisions, and all other applicable law. You agree that you are receiving a copy of the Software by limited license only and not by sale and that the “first sale” doctrine of 17 U.S.C. § 109 does not apply to your receipt or use of the Software. This Section shall survive the cancellation or termination of this Agreement.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Software. You hereby agree to indemnify, defend and hold harmless Activision from and against all losses, lawsuits, damages, causes of action, and claims relating to and/or arising from your breach of this Agreement. Neither this Agreement nor any part or portion hereof may be assigned or sublicensed by you. If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of Activision to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH, OR YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, and you shall have no right to retain or use the Software in any manner.
This Call of Duty: Black Ops III Beta Participation Program Agreement (this “Agreement”) is a legal agreement among you, the end-user, and Activision Publishing, Inc. (“Activision”).
BY DOWNLOADING, INSTALLING, ACCESSSING, AND/OR PLAYING THE BETA FOR CALL OF DUTY: BLACK OPS III (THE “GAME”), YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Activision shall provide a digital download or other means of downloading, installing, and accessing the Game beta (the “Software”), and to participate in the Game beta program (the “Beta Test”). Your use of the use of the Software, and participation in the Beta Test, shall be subject to the terms and conditions of this Agreement.
2. The Beta Test is a beta test of certain portions the Game, and is subject to Activision’s absolute discretion regarding duration, limitations, features, and participation. Activision may, at any time and for any reason, suspend or terminate the Beta Test and/or your participation in the Beta Test. Activision may terminate this Agreement, your participation in the Beta Test, and your license to use the Software, with or without cause and without the need of providing you any prior notice. Such termination may be made by Activision via active measures, including issuing a disabling command to your installation of the Software.
3. Activision provides no representation or warranty regarding the quality, function, availability, suitability, or any other aspect of the Software and/or Beta Test. You agree and acknowledge that the Software is not complete and that the Software and/or Beta Test may contain errors, bugs, or other problems that could cause errors and damage to your computer system. Your use of the Software and participation in the Beta Test is at your own risk. Activision shall not be obligated to provide and technical support, warranties or remedies for the Software and/or Beta Test. ACTIVISION DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND/OR BETA TEST. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY. ACTIVISION DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE AND/OR BETA TEST WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ACTIVISION AND SHOULD NOT BE RELIED UPON. This Section shall survive the cancellation or termination of this Agreement.
4. ACTIVISION, AND ACTIVISION'S AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUB-LICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF, ACTIVISION, OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Section shall survive the cancellation or termination of this Agreement.
5. Your unauthorized use of the Software, or any part thereof, shall immediately and irreparably damage Activision such that Activision could not be adequately compensated solely by a monetary award, and in such event, Activision shall be entitled to injunctive relief (in addition to all other available remedies, including a monetary damages) to prohibit such unauthorized use without the necessity of Activision posting a bond or other security.
6. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, Activision grants to you the non-exclusive, revocable, and limited right to use the Software only in executable or object code form, on a single gaming console (or PC) owned by you or in your possession, and to participate in the Beta Test. The Software may not be downloaded, shipped, transferred, exported or re-exported into any country in violation of the United States Export Administration Act (or any other law governing such matters) by you or anyone at your direction, and you may not utilize, and shall not authorize anyone to utilize, the Software in any other manner in violation of any applicable law. Activision reserves all rights not granted in this Agreement, including, without limitation, all rights to trademarks.
7. You may not:
a. Reproduce, copy, sell, rent, lend, or otherwise transfer or distribute the Software by any means, including via the Internet;
b. Commercially use or exploit the Software or Beta Test in any fashion;
c. Disassemble, reverse engineer, decompile, or translate the Software;
d. Prepare or develop derivative works based upon the Software;
e. Remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software; or
f. Remove, alter, modify, disable, or reduce any of the anti-piracy measures contained in the Software, including, without limitation, measures relating to multiplayer play.
8. If you provide us with feedback regarding the use, operation or functionality of the Game (“Feedback”), including but not limited to information about operating results, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to us all rights in the Feedback and agree that we shall have the right to use the Feedback and related information in any manner we deem appropriate, without any payment or other consideration to you.
9. The Software and all copyrights, trademarks, and other intellectual property rights related thereto are owned by Activision and are protected by United States copyright and intellectual property laws, international treaty provisions, and all other applicable law. You agree that you are receiving a copy of the Software by limited license only and not by sale and that the “first sale” doctrine of 17 U.S.C. § 109 does not apply to your receipt or use of the Software. This Section shall survive the cancellation or termination of this Agreement.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Software. You hereby agree to indemnify, defend and hold harmless Activision from and against all losses, lawsuits, damages, causes of action, and claims relating to and/or arising from your breach of this Agreement. Neither this Agreement nor any part or portion hereof may be assigned or sublicensed by you. If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of Activision to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH, OR YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, and you shall have no right to retain or use the Software in any manner.