Activision Cut The Rope: Triple Treat - Manual (Page 3)

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]
OTHER THAN AS SET FORTH ABOVE WITH REGARD TO THE LIMITED DISC AND PERIPHERIAL
WARRANTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS
PROVIDED “AS IS” AND ACTIVISION DOES NOT WARRANT THAT THE PRODUCT WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCT IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PRODUCT CONTENT
WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVISION EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE,
AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ACTIVISION NOR ITS
PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE
OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE PRODUCT
INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS,
INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF
SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE
FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY
OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT
WILL ACTIVISION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
B. IN NO CASE SHALL ACTIVISION’S LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US
DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE OR THE
PURCHASE PRICE OF THE PRODUCT WHICHEVER IS GREATER.
C. IMPORTANT INFORMATION RELATING TO THE LIMITED DISC WARRANTY, LIMITED PERIPHERAL
WARRANTY, PRODUCT WARRANTY DISCLAIMER, AND LIMITATION OF LIABILITY: BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER
TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR
ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF THE COUNTRY FROM WHICH YOU
VALIDLY ACQUIRED AND USE THE PRODUCT AND IN WHICH CASE THE LIABILITY OF ACTIVISION
AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
Member States of the European Union: Subject to Section 23, Activision shall be liable in accordance with statutory
law in cases of its (a) intentional misconduct; (b) gross negligence; or (c) breach of applicable Product Liability Acts.
Without limiting the foregoing, Activision may only be liable for modest levels of negligence in cases of a breach of a
“material” contractual obligation under the Agreement, the breach of which would jeopardize the purpose of the
Agreement. In such circumstances, Activision’s liability will be limited to typical and foreseeable damages; in other
circumstances Activision shall not be liable for acts of modest negligence. NOTHING SHALL EXCLUDE
ACTIVISION’S LIABILITY FOR DEATH OR PERSONAL INJURY AS A RESULT OF ITS NEGLIGENCE.
Australia: you have certain statutory guarantees under Australian Consumer Law and nothing in the Agreement is
intended to affect those rights. Products that you have purchased come with guarantees that cannot be excluded under
Australian Consumer Law; you are entitled to a refund for a major failure and compensation for any other reasonably
foreseeable loss or damage; you are also entitled to have goods repaired or replaced if goods fail to be of acceptable
quality and the failure does not amount to a major failure. The provisions of the Limitation of Liability clause above
apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth).