Activision Cut The Rope: Triple Treat User Manual

Page 17

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file:///C|/...2007%2018%2013%203DS/(Product%20License%20Service%20Agreement)%203DS_EN%20(FINAL%2007%2018%2013).txt[10/18/2013 3:01:32 PM]

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.

In addition, Products that may be accessed from, displayed on or linked to from a Device are not available in all
languages or in all countries. (i) Activision, and its licensors, reserve the right to change, suspend, remove, or disable
access to any Product at any time without notice if for commercial reasons such as insufficient users or technical
limitations or operational issues and (ii) Activision will not be liable for the removal of or disabling of access to any
Product due to such reasons.

Section 19 : Changes to the Agreement

Activision may change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any
time if required to improve, enhance or otherwise regulate the Service; provided, however, that Activision will inform
you about changes by email and, as the case may be, in one or more of the following ways: by posting notification on
any Product website, through a patch process, pop-up screen, or in-Product notice. If you do not agree with any
changes, you may terminate this Service Agreement within one (1) month following notification about the change.
Your continued use of the Product after expiration of one (1) month following the notification about any revision to
this Agreement constitutes your acceptance of any such changes. Activision will inform you of the consequences of
your further use following notification again in the communication about the changes. Additionally, you may be asked
to affirmatively accept updates to this Agreement from time to time. Note that if you do not affirmatively indicate
your acceptance when requested, you may not be able to continue to use the Product or Service Provided Content. In
relation to Products and Service Provided Content you have paid for, if you do not wish to accept a change to the
Agreement, please stop using the Product or Service Provided Content and contact Activision for refund options.

Section 21: Binding Arbitration & Class Action Waiver

Section 21 does not apply to you if you are domiciled in or acquired and use the Product from the Republic of
Germany.

Section 23.3: Assignment & Transfer

We may assign this Agreement, in whole or in part, at any time. We will inform you of any such assignment in
advance. Should you disagree with any such assignment, you may terminate this Agreement without notice. You may
not assign this agreement or transfer any rights to use the services.

Section 23.6: Equitable Remedies

In the event that you breach this Agreement, Activision will be entitled to take all legal remedies available with respect
to breaches of this Agreement, in addition to such other remedies as Activision may otherwise have available to it
under applicable laws.

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