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Civilization: Call to Power 2 Source Code EULA


SOURCE CODE SOFTWARE END USER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: USE OF THE CALL TO POWER II SOURCE CODE IS SUBJECT
TO THE SOURCE CODE SOFTWARE END USER LICENSE AGREEMENT TERMS SET FORTH BELOW.
CALL TO POWER II SOURCE CODE INCLUDES THE SOFTWARE INCLUDED WITH THIS
AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR
ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND
MATERIALS. BY INSTALLING, AND/OR USING THE CALL TO POWER II SOURCE CODE, YOU
ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION PUBLISHING, INC.
(ACTIVISION).

LIMITED USE LICENSE.
Activision grants you the non-exclusive, non-transferable, limited right and
license to install and use one copy of the Call to Power II Source Code solely
and exclusively for your personal, non-commercial use. All rights not
specifically granted under this Agreement are reserved by Activision and, as
applicable, Activisions licensors. The Call to Power II Source Code is
licensed, not sold. Your license confers no title or ownership in the Call to
Power II Source Code and should not be construed as a sale of any rights in
the Call to Power II Source Code.

LICENSE CONDITIONS.
* You agree not to sell, rent, lease, license, distribute or otherwise transfer
the Call to Power II Source Code, or any copies of the Call To Power II Source
Code, without the express prior written consent of Activision.
* You agree not to make copies of the Call to Power II Source Code or any part
thereof, except for back up or archival purposes, or make copies of the
materials accompanying the Call to Power II Source Code.
* You agree that, as a condition to your using the Call to Power II Source Code
you will not use or allow third parties to use the Call to Power II Source
Code and/or 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 may be created only if such New Game Materials can be
used exclusively in combination with the retail version of Call to Power II.
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.
* 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.
* You agree not to export or re-export the Call to Power II Source Code or New
Game Materials or any copy or adaptation thereof in violation of any
applicable laws or regulations.

OWNERSHIP.
All title, ownership rights and intellectual property rights in and to the
Call to Power II Source Code and any and all copies thereof are owned by
Activision or its licensors. The Call to Power II Source Code is protected by
the copyright laws of the United States, international copyright treaties and
conventions and other laws. The Call to Power II Source Code may contain
certain licensed materials and, in that event, Activisions licensors may
protect their rights in the event of any violation of this Agreement. You
agree not to remove, disable or circumvent any proprietary notices or labels
contained on or within the Call to Power II Source Code.

NO WARRANTIES.
THERE ARE NO 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. THE CALL TO POWER II SOURCE CODE IS
PROVIDED TO YOU AS IS.

LIMITATION ON DAMAGES.
IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL, INCIDETAL 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. ACTIVISIONS 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 LIMITAION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITAIONS AND/OR EXCLUSION
OR LIMITAION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT 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 the Call to Power II Source Code
and all of its component parts.

U.S. GOVERNMENT RESTRICTED RIGHTS.
The Call to Power II Source Code 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, licensors,
affiliates, 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, [email protected]