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Section 8: Prejudice
Atari Interactive, Inc.
END USER LICENSE AGREEMENT
Atari Interactive, Inc. (and hereinafter referred to as “ATARI”), makes the applicable product, Atari Vault (“Game”) available to you subject to these terms and conditions (“Agreement”). This Agreement governs your use of the Game and any updates that replace or supplement the Game that are not distributed with a separate license.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ALL OR ANY PORTION OF THE GAME OR ANY SOFTWARE OR COMPONENTS THEREIN YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ATARI’S https://atari.com/privacy-policy (“PRIVACY POLICY”), ATARI’S https://atari.com/terms-of-service (“TERMS OF SERVICE”), AND AGREE TO BE BOUND ACCORDINGLY.
IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS AND/OR CONDITIONS, OR ANY TERMS OR CONDITIONS OF ATARI’S PRIVACY POLICY OR TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE GAME.
NOTICE: THE GAME MAY CONTAIN THE ABILITY FOR A USER TO MAKE PURCHASES WITHIN THE GAME.
1. Subject to the terms and conditions of this Agreement, ATARI grants you a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on authorized devices solely as set forth in this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that you install or otherwise use the Game. For clarity, rights to the Game are licensed, and not sold, to you for your use only in accordance with the terms and conditions of this Agreement.
2. Your right to use the Game is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by ATARI. Unless expressly authorized by ATARI, you are prohibited from making a copy of the Game available on a network where it could be used or downloaded by multiple users.
3. Except as expressly licensed to you herein, ATARI reserves all right, title and interest in the Game and all associated copyrights, trademarks, and other intellectual property rights. The structure, organization and code of the Game are the valuable trade secrets and confidential information of ATARI. The Game is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect ATARI’s copyright and other ownership interests in all items in the Game. You may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure ATARI’s trademarks or logos, legal notices, or any product identification, copyright, or other intellectual property notices in the Game or related assets.
4. You agree that the Game may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that ATARI may have to support the previous version of the Game may end upon the Game becoming available inclusive of the update, upgrade or implementation of additional features.
5. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any intellectual property interest of any kind, you hereby, without limitation, irrevocably assign to ATARI exclusively, perpetually and throughout the universe, any and all right, title and interest in and to your contributions, including without limitation all copyrights, trade secret rights, trademark rights, trade name rights, author’s rights, moral rights and patent rights, including without limitation the right to secure all applications and registrations with respect thereto, and all renewals and extensions thereof free and clear of any and all rights and claims by you or any third party. For purposes of clarity, such assignment includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised. In the event that any of the rights or materials assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned and, until that time, or in the event such rights or materials cannot be assigned, then you hereby grant to ATARI an irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sub-licenseable, perpetual license to use your contributions in any media, whether now known or hereafter devised, throughout the universe. You also waive any rights of attribution, integrity or any other moral rights or rights of droit moral arising out of or related to your contributions. You acknowledge that your ability to access and use the Game in accordance with the terms and conditions of this Agreement is sufficient consideration for the rights assigned or granted pursuant to this Agreement and such grant or assignment may not be challenged or reversed based on a lack of or insufficient consideration.
6. This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. Either party may terminate this Agreement for any reason at any time in accordance with Notice provisions below. You agree, upon termination, to immediately destroy all copies of the Game within your possession or control and, promptly upon ATARI’s request, certify to ATARI that you have done so. Paragraphs 2, 3, 4, 6, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Agreement shall survive any termination or expiration of this Agreement.
7. ATARI reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, for any reason. ATARI will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Game. Your continued use of the Game following any notice of changes or revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes or revisions.
8. In accordance with provisions in this Agreement requiring that ATARI give notice to you, ATARI will do so by means of a general notice on its website, email to your email address on record in your account (if you have created an account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created an account), the choice of which being at ATARI’s discretion. Any provisions in this Agreement requiring that you give notice to ATARI can be done so by means of email to: support@atari.com or by first class mail, postage prepaid, or overnight courier to:
Atari Interactive, Inc.
475 Park Avenue South
12th Floor
New York, NY 10016
9. You are aware and agree that use of the Software and the media on which is recorded is at your sole risk. Unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that, in the case of Software distributed on physical media, the Software storage medium will be free from defects in materials and workmanship under normal use for ninety (90) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software, Follow the Product Return Procedures described in the Online Manual. SUBJECT TO THE FOREGOING WARRANTY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE GAME IS PROVIDED "AS IS.” NEITHER ATARI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE GAME OR ANY ATARI PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY OTHER WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE GAME WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, THAT THE SOFTWARE OR ITS OPERATIONS OR FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATARI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ATARI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE GAME.
10. NEITHER ATARI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF ATARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ATARI OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE GAME; OR (E) INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL ATARI, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ATARID’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
11. You agree that the terms of this Agreement that limit liability and disclaim warranties are material and essential terms of this Agreement and that ATARI would not grant you the rights granted in this Agreement without your agreement to so limit liability and disclaim warranties.
12. YOU ARE SOLELY RESPONSIBLE FOR ANY FEES OR COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE GAME. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. Any and all fees or costs that you may incur in connection with accessing and/or using the Game or otherwise in connection with this Agreement, including, among others, those related to an Internet connection, Internet service provider fees, the cost of any hardware or software, wireless charges, data charges, messaging charges or any fee or cost charged by or incurred in connection with any third party are your sole responsibility (and, for clarity are not the responsibility, for any reason whatsoever, of ATARI or any other individual or entity). Please check with your Internet service provider and/or wireless carrier to determine if any fees or costs related to your access and/or use of the Game may apply. ATARI does not guarantee that this Game can be accessed on all devices or wireless service plans. ATARI does not guarantee that this Game is available in all geographic areas.
13. You agree to defend, indemnify and hold harmless ATARI, and any of its directors, officers, employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your breach of this Agreement.
14. The Game is subject to United States export controls. No software from the Game may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved in accordance with the dispute resolution provisions in Section 8 of ATARI’s Terms of Service, including the provisions regarding governing law.
16. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17. This Agreement, together with the Terms of Service, Privacy Policy, and any policies or terms published by ATARI under the Terms of Service or Privacy Policy, constitutes the entire understanding and agreement between you and ATARI with respect to the Game, and supersedes all prior or contemporaneous written or oral communications, understandings and agreements. Any waiver of any term or condition of this Agreement must be in writing to be effective. If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law. Either party’s failure to act with respect to any provision of this Agreement or any breach of this Agreement does not waive the other party’s right to act with respect to any other provision or any subsequent or similar breaches, or pursue any remedy available to such party whether under this Agreement or applicable law.
If you have any questions about this Agreement, or if you want to contact ATARI for any reason, please direct all correspondence to support@atari.com.
© 2011 TimeGate Studios, Inc. "Section 8", "Prejudice", and "TimeGate" are copyrights and trademarks of TimeGate Studios, Inc. in the United States and elsewhere. All rights reserved.
Online Disclaimer:ACCEPTANCE OF END USER LICENSE AGREEMENT REQUIRED TO PLAY. INTERNET CONNECTION REQUIRED TO AUTHENTICATE AND TO ACCESS ONLINE FEATURES AND/OR SERVICES. ACCESS TO ONLINE FEATURES AND/OR SERVICES REQUIRES A WINDOWS LIVE ID AND ACCOUNT, REGISTRATION WITH SINGLE-USE SERIAL CODE ENCLOSED WITH NEW, FULL RETAIL PURCHASE, INSTALLATION OF THE GAMES FOR WINDOWS LIVE SOFTWARE, ACCEPTANCE OF THE GAMES FOR WINDOWS LIVE TERMS OF USE http://www.xbox.com/en-US/Legal/LiveTOU, GAMES FOR WINDOWS LIVE PRIVACY STATEMENT http://privacy.microsoft.com/en-US/default.mspx?shellstate=none,THE XBOX LIVE CODE OF CONDUCT http://www.xbox.com/en-US/Legal/codeofconduct. REGISTRATION FOR ONLINE SERVICES AND/OR FEATURES IS LIMITED TO ONE WINDOWS LIVE ID PER SERIAL CODE, WHICH IS NON-TRANSFERABLE ONCE USED. YOU MUST BE 13+ TO REGISTER FOR A WINDOWS LIVE ACCOUNT.
Atari Interactive, Inc.
END USER LICENSE AGREEMENT
Atari Interactive, Inc. (and hereinafter referred to as “ATARI”), makes the applicable product, Atari Vault (“Game”) available to you subject to these terms and conditions (“Agreement”). This Agreement governs your use of the Game and any updates that replace or supplement the Game that are not distributed with a separate license.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ALL OR ANY PORTION OF THE GAME OR ANY SOFTWARE OR COMPONENTS THEREIN YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ATARI’S https://atari.com/privacy-policy (“PRIVACY POLICY”), ATARI’S https://atari.com/terms-of-service (“TERMS OF SERVICE”), AND AGREE TO BE BOUND ACCORDINGLY.
IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS AND/OR CONDITIONS, OR ANY TERMS OR CONDITIONS OF ATARI’S PRIVACY POLICY OR TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE GAME.
NOTICE: THE GAME MAY CONTAIN THE ABILITY FOR A USER TO MAKE PURCHASES WITHIN THE GAME.
1. Subject to the terms and conditions of this Agreement, ATARI grants you a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on authorized devices solely as set forth in this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that you install or otherwise use the Game. For clarity, rights to the Game are licensed, and not sold, to you for your use only in accordance with the terms and conditions of this Agreement.
2. Your right to use the Game is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by ATARI. Unless expressly authorized by ATARI, you are prohibited from making a copy of the Game available on a network where it could be used or downloaded by multiple users.
3. Except as expressly licensed to you herein, ATARI reserves all right, title and interest in the Game and all associated copyrights, trademarks, and other intellectual property rights. The structure, organization and code of the Game are the valuable trade secrets and confidential information of ATARI. The Game is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect ATARI’s copyright and other ownership interests in all items in the Game. You may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure ATARI’s trademarks or logos, legal notices, or any product identification, copyright, or other intellectual property notices in the Game or related assets.
4. You agree that the Game may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that ATARI may have to support the previous version of the Game may end upon the Game becoming available inclusive of the update, upgrade or implementation of additional features.
5. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any intellectual property interest of any kind, you hereby, without limitation, irrevocably assign to ATARI exclusively, perpetually and throughout the universe, any and all right, title and interest in and to your contributions, including without limitation all copyrights, trade secret rights, trademark rights, trade name rights, author’s rights, moral rights and patent rights, including without limitation the right to secure all applications and registrations with respect thereto, and all renewals and extensions thereof free and clear of any and all rights and claims by you or any third party. For purposes of clarity, such assignment includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised. In the event that any of the rights or materials assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned and, until that time, or in the event such rights or materials cannot be assigned, then you hereby grant to ATARI an irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sub-licenseable, perpetual license to use your contributions in any media, whether now known or hereafter devised, throughout the universe. You also waive any rights of attribution, integrity or any other moral rights or rights of droit moral arising out of or related to your contributions. You acknowledge that your ability to access and use the Game in accordance with the terms and conditions of this Agreement is sufficient consideration for the rights assigned or granted pursuant to this Agreement and such grant or assignment may not be challenged or reversed based on a lack of or insufficient consideration.
6. This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. Either party may terminate this Agreement for any reason at any time in accordance with Notice provisions below. You agree, upon termination, to immediately destroy all copies of the Game within your possession or control and, promptly upon ATARI’s request, certify to ATARI that you have done so. Paragraphs 2, 3, 4, 6, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Agreement shall survive any termination or expiration of this Agreement.
7. ATARI reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, for any reason. ATARI will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Game. Your continued use of the Game following any notice of changes or revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes or revisions.
8. In accordance with provisions in this Agreement requiring that ATARI give notice to you, ATARI will do so by means of a general notice on its website, email to your email address on record in your account (if you have created an account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created an account), the choice of which being at ATARI’s discretion. Any provisions in this Agreement requiring that you give notice to ATARI can be done so by means of email to: support@atari.com or by first class mail, postage prepaid, or overnight courier to:
Atari Interactive, Inc.
475 Park Avenue South
12th Floor
New York, NY 10016
9. You are aware and agree that use of the Software and the media on which is recorded is at your sole risk. Unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that, in the case of Software distributed on physical media, the Software storage medium will be free from defects in materials and workmanship under normal use for ninety (90) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software, Follow the Product Return Procedures described in the Online Manual. SUBJECT TO THE FOREGOING WARRANTY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE GAME IS PROVIDED "AS IS.” NEITHER ATARI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE GAME OR ANY ATARI PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY OTHER WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE GAME WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, THAT THE SOFTWARE OR ITS OPERATIONS OR FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATARI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ATARI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE GAME.
10. NEITHER ATARI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF ATARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ATARI OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE GAME; OR (E) INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL ATARI, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ATARID’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
11. You agree that the terms of this Agreement that limit liability and disclaim warranties are material and essential terms of this Agreement and that ATARI would not grant you the rights granted in this Agreement without your agreement to so limit liability and disclaim warranties.
12. YOU ARE SOLELY RESPONSIBLE FOR ANY FEES OR COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE GAME. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. Any and all fees or costs that you may incur in connection with accessing and/or using the Game or otherwise in connection with this Agreement, including, among others, those related to an Internet connection, Internet service provider fees, the cost of any hardware or software, wireless charges, data charges, messaging charges or any fee or cost charged by or incurred in connection with any third party are your sole responsibility (and, for clarity are not the responsibility, for any reason whatsoever, of ATARI or any other individual or entity). Please check with your Internet service provider and/or wireless carrier to determine if any fees or costs related to your access and/or use of the Game may apply. ATARI does not guarantee that this Game can be accessed on all devices or wireless service plans. ATARI does not guarantee that this Game is available in all geographic areas.
13. You agree to defend, indemnify and hold harmless ATARI, and any of its directors, officers, employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your breach of this Agreement.
14. The Game is subject to United States export controls. No software from the Game may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved in accordance with the dispute resolution provisions in Section 8 of ATARI’s Terms of Service, including the provisions regarding governing law.
16. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17. This Agreement, together with the Terms of Service, Privacy Policy, and any policies or terms published by ATARI under the Terms of Service or Privacy Policy, constitutes the entire understanding and agreement between you and ATARI with respect to the Game, and supersedes all prior or contemporaneous written or oral communications, understandings and agreements. Any waiver of any term or condition of this Agreement must be in writing to be effective. If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law. Either party’s failure to act with respect to any provision of this Agreement or any breach of this Agreement does not waive the other party’s right to act with respect to any other provision or any subsequent or similar breaches, or pursue any remedy available to such party whether under this Agreement or applicable law.
If you have any questions about this Agreement, or if you want to contact ATARI for any reason, please direct all correspondence to support@atari.com.
© 2011 TimeGate Studios, Inc. "Section 8", "Prejudice", and "TimeGate" are copyrights and trademarks of TimeGate Studios, Inc. in the United States and elsewhere. All rights reserved.
Online Disclaimer:ACCEPTANCE OF END USER LICENSE AGREEMENT REQUIRED TO PLAY. INTERNET CONNECTION REQUIRED TO AUTHENTICATE AND TO ACCESS ONLINE FEATURES AND/OR SERVICES. ACCESS TO ONLINE FEATURES AND/OR SERVICES REQUIRES A WINDOWS LIVE ID AND ACCOUNT, REGISTRATION WITH SINGLE-USE SERIAL CODE ENCLOSED WITH NEW, FULL RETAIL PURCHASE, INSTALLATION OF THE GAMES FOR WINDOWS LIVE SOFTWARE, ACCEPTANCE OF THE GAMES FOR WINDOWS LIVE TERMS OF USE http://www.xbox.com/en-US/Legal/LiveTOU, GAMES FOR WINDOWS LIVE PRIVACY STATEMENT http://privacy.microsoft.com/en-US/default.mspx?shellstate=none,THE XBOX LIVE CODE OF CONDUCT http://www.xbox.com/en-US/Legal/codeofconduct. REGISTRATION FOR ONLINE SERVICES AND/OR FEATURES IS LIMITED TO ONE WINDOWS LIVE ID PER SERIAL CODE, WHICH IS NON-TRANSFERABLE ONCE USED. YOU MUST BE 13+ TO REGISTER FOR A WINDOWS LIVE ACCOUNT.