Activision Wipeout Create & Crash User Manual

Page 20

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This Agreement constitutes the entire agreement and understanding between you and Activision, and supersedes

any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters

contained herein.

SUPPLEMENTAL TERMS – GERMANY, FRANCE, SPAIN.

The following Sections below supersede and replace the corresponding Sections above for users who are domiciled

in and and/or acquired and use the Product from the Germany, France or Spain.

Section 6.1: User Generated Content

If you are resident in Germany, by submitting any UGC (including without limitation, images, videos, customer

service submissions, idea submissions, suggestions and message postings) to the Service (including without

limitation, to the contest portions of the Service), you grant (or represent and warrant that the owner of such

rights has expressly granted) Activision for the purpose of operating and providing the Service in the interest of

you and other users a perpetual, worldwide, royalty-free, irrevocable right and license to use, reproduce, modify,

adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such

UGC content into any form, medium, or technology now known or later developed throughout the world, and you

agree that Activision shall be entitled to use the UGC for these purpose. In the event that Activision intends to use

a piece of UGC for any other purposes, Activision will obtain your express consent beforehand.

Section 13: Termination

The license granted under this Agreement is effective until terminated by you or Activision. Activision may

terminate this Agreement without notice if you commit a material breach of this Agreement or applicable Third

Party Terms which would entitle Activision to terminate this Agreement for cause without prior warning. Upon

termination of the license, you shall cease all use of the Product, and destroy all copies, full or partial, of the

Product.

Activision’s maximum liability to you in the event of such termination shall be limited to the amount paid by you to

and received by Activision for the Product in the immediately preceding twelve (12) months.

Section 16: Risk of Loss

You bear all risk of loss for accessing or completing the download of any Product and for any loss of any Product

that you have accessed or downloaded, including any loss due to a file corruption or Device crash, unless Activision

is liable for such loss in accordance with Section 14.

Any Product may be available for limited periods of time, and/or subject to other access restrictions (including for

example, possession of other specific Product(s) for access or use). Products may become unavailable due to

potential content provider licensing restrictions or other reasons beyond the control of Activision; Activision will

not be liable to you if any Product is or becomes unavailable for download or access, for any such reason.

Section 17: Availability


Except as otherwise set forth herein, Activision does not guarantee that any particular Product or Service Provided

Content will be available at all times or at any given time or that Activision will continue to offer the Product or

Service Provided Content for any particular length of time

if the service is not available due to restrictions of

licenses, technical interruptions and other reasons beyond Activision’s control. Activision may change and update

the Product or Service Provided Content in the normal course of business.

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