Raven LIMITED USE LICENSE
SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE
LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL 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 OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM AND
ANY SOFTWARE PRGRAMS INCLUDED WITHIN, YOU ACCEPT THE TERMS OF THIS LICENSE
WITH ACTIVISION, INC. ("ACTIVISION").
LIMITED USE LICENSE.
Subject to the conditions described below, Activision grants you the
non-exclusive, non-transferable, limited right and license to install and use
one copy of this 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. This Program is
licensed, not sold, for your use. Your license confers no title or ownership
in this Program and should not be construed as a sale of any rights in this
You shall not:
* Exploit this Program or any of its parts commercially.
* Use this Program, or permit use of this Program, on more than one computer,
computer terminal, or workstation at the same time.
* Make copies of this Program or any part thereof, or make copies of the
materials accompanying this Program.
* Use the program, or permit use of this Program, in a network, multi-user
arrangement or remote access arrangement, including any online use, except as
otherwise explicitly provided by this Program.
* Sell, rent, lease or license any copies of this Program, without the
express prior written consent of Activision.
* Remove, disable or circumvent any proprietary notices or labels contained
on or within the Program.
All title, ownership rights and intellectual property rights in and to this
Program and any and all copies thereof (including but not limited to any
titles, computer code, themes, objects, characters, character names, stories,
dialog, catch phrases, locations, concepts, artwork, animation, sounds,
musical compositions, audio-visual effects, methods of operation, moral
rights, any related documentation, and "applets" incorporated into this
Program) are owned by Activision, affiliates of Activision or Activision's
licensors. This Program is protected by the copyright laws of the United
States, international copyright treaties and conventions and other laws. This
Program contains certain licensed materials and Activision's licensors may
protect their rights in the event of any violation of this Agreement.
This Program contains certain design, programming and processing utilities,
tools, assets and other resources ("Program Utilities") for use with this
Program that allow you to create customized new game levels and other related
game materials for personal use in connection with the Program ("New Game
Materials"). The use of the Program Utilities is subject to the following
additional license restrictions:
You agree that, as a condition to your using the Program Utilities, you will
not use or allow third parties to use the Program Utilities and 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 the Program. 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
All 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."
THIS PROGRAM IS PROVIDED AS IS. ACTIVISION AND ITS
AFFILIATES MAKE NO WARRANTIES OF ANY KIND, 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 OR ITS AFFILIATES.
LIMITATION ON DAMAGES.
IN NO EVENT WILL ACTIVISION OR ANY AFFILIATES OF ACTIVISION BE LIABLE FOR
SPECIAL, INCIDENTAL 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. ACTIVISION'S 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
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITAIONS
AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION.
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 this Program and all of its
U.S. GOVERNMENT RESTRICTED RIGHTS.
The Program 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.
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.
You agree to indemnify, defend and hold Activision, its partners, affiliates,
licensors, 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
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,
If you have any questions concerning this license, you may contact Activision
at 3100 Ocean Park Boulevard, Santa Monica, California 90405, (310) 255-2000,
Attn. Business and Legal Affairs, [email protected]