IMPORTANT - READ CAREFULLY: YOUR USE OF JACK NICKLAUS 6: GOLDEN BEAR CHALLENGE IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. "JACK NICKLAUS 6: GOLDEN BEAR CHALLENGE" 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 JACK NICKLAUS 6: GOLDEN BEAR CHALLENGE AND ANY SOFTWARE PROGRAMS INCLUDED WITHIN JACK NICKLAUS 6: GOLDEN BEAR CHALLENGE, 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 Jack Nicklaus 6: Golden Bear Challenge 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. Jack Nicklaus 6: Golden Bear Challenge is licensed, not sold, for your use. Your license confers no title or ownership in Jack Nicklaus 6: Golden Bear Challenge and should not be construed as a sale of any rights in Jack Nicklaus 6: Golden Bear Challenge. All rights not specifically granted under this Agreement are reserved by Activision and, as applicable, its licensors.
LICENSE CONDITIONS
You agree not to:
╖ Exploit Jack Nicklaus 6: Golden Bear Challenge or any of its parts commercially, including but not limited to use at a cyber cafe, computer gaming center or any other location-based site. Activision may offer a separate Site License Agreement to permit you to make Jack Nicklaus 6: Golden Bear Challenge available for commercial use; see the contact information below.
╖ Sell, rent, lease, license, distribute or otherwise transfer this Program, or any copies of this Program, without the express prior written consent of Activision.
╖ Use Jack Nicklaus 6: Golden Bear Challenge, or permit use of Jack Nicklaus 6: Golden Bear Challenge, in a network, multi-user arrangement or remote access arrangement, including any on-line use, except as otherwise specifically provided by Jack Nicklaus 6: Golden Bear Challenge.
╖ Use Jack Nicklaus 6: Golden Bear Challenge, or permit use of Jack Nicklaus 6: Golden Bear Challenge, on more than one computer, computer terminal, or workstation at the same time.
╖ Make copies of Jack Nicklaus 6: Golden Bear Challenge or any part thereof, except for back up or archival purposes, or make copies of the materials accompanying Jack Nicklaus 6: Golden Bear Challenge.
╖ Copy Jack Nicklaus 6: Golden Bear Challenge onto a hard drive or other storage device; you must run Jack Nicklaus 6: Golden Bear Challenge from the included CD-ROM (although Jack Nicklaus 6: Golden Bear Challenge itself may automatically copy a portion of Jack Nicklaus 6: Golden Bear Challenge onto your hard drive during installation in order to run more efficiently).
╖ Reverse engineer, derive source code, modify, decompile, or disassemble Jack Nicklaus 6: Golden Bear Challenge, in whole or in part.
╖ Remove, disable or circumvent any proprietary notices or labels contained on or within Jack Nicklaus 6: Golden Bear Challenge.
╖ Export or re-export Jack Nicklaus 6: Golden Bear Challenge 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 Jack Nicklaus 6: Golden Bear Challenge and any and all copies thereof are owned by Activision or its licensors. Jack Nicklaus 6: Golden Bear Challenge is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. Jack Nicklaus 6: Golden Bear Challenge contains certain licensed materials and Activision's 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 Jack Nicklaus 6: Golden Bear Challenge.
JACK NICKLAUS 6: GOLDEN BEAR CHALLENGE UTILITIES. Jack Nicklaus 6: Golden Bear Challenge contains certain design, programming and processing utilities, tools, assets and other resources ("Jack Nicklaus 6: Golden Bear Challenge Utilities") for use with Jack Nicklaus 6: Golden Bear Challenge that allow you to create customized new game levels and other related game materials for personal use in connection with Jack Nicklaus 6: Golden Bear Challenge ("New Game Materials"). The use of the Jack Nicklaus 6: Golden Bear Challenge Utilities is subject to the following additional license restrictions:
╖ You agree that, as a condition to your using the Jack Nicklaus 6: Golden Bear Challenge Utilities, you will not use or allow third parties to use the Jack Nicklaus 6: Golden Bear Challenge 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 shall not contain modifications to any COM, EXE or DLL files or to any other executable Product files.
╖ New Game Materials may be created only if such New Game Materials can be used exclusively in combination with the retail version of Jack Nicklaus 6: Golden Bear Challenge. 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.
╖ 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."
LIMITED WARRANTY. Activision warrants to the original consumer purchaser of Jack Nicklaus 6: Golden Bear Challenge that the recording medium on which Jack Nicklaus 6: Golden Bear Challenge is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the recording medium is found defective within 90 days of original purchase, Activision agrees to replace, free of charge, any product discovered to be defective within such period upon its receipt of the Product, postage paid, with proof of the date of purchase, as long as Jack Nicklaus 6: Golden Bear Challenge is still being manufactured by Activision. In the event that Jack Nicklaus 6: Golden Bear Challenge is no longer available, Activision retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing Jack Nicklaus 6: Golden Bear Challenge as originally provided by Activision and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER 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.
When returning Jack Nicklaus 6: Golden Bear Challenge for warranty replacement please send the original product disks only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you are encountered and the system on which you are running Jack Nicklaus 6: Golden Bear Challenge; (4) if you are returning Jack Nicklaus 6: Golden Bear Challenge after the 90-day warranty period, but within one year after the date of purchase, please include check or money order for $10 U.S.(A$17 for Australia, or ú10.00 for Europe) currency per CD or floppy disk replacement. Note: Certified mail recommended.
In the U.S. send to:
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, California 90067
In Europe send to:
Activision
Gemini House
133 High Street
Yiewsley
West Drayton
Middlesex UB7 7QL
United Kingdom
In Australia send to:
Warranty Replacements
Activision
P.O. Box 873
Epping, NSW 2121, Australia
LIMITATION ON DAMAGES. IN NO EVENT WILL 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 LIMITATIONS 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.
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 Jack Nicklaus 6: Golden Bear Challenge and all of its component parts.
U.S. GOVERNMENT RESTRICTED RIGHTS. Jack Nicklaus 6: Golden Bear Challenge 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, legal@activision.com.
