Activision Destiny User Manual

Page 2

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notifying you, and you hereby grant to Bungie consent to deploy and apply such patches, updates, and
modifications.

LIMITED WARRANTY: Activision warrants to the original consumer purchaser of this Program that the physical
media on which this Program is stored and any physical accessories (together the “Goods”) will be free from defects
in material and workmanship for 90 days from the date of purchase. If the Goods are found defective within 90 days
of original purchase, Activision agrees to replace, free of charge, any such defective Goods within such period, upon
its receipt of the Program (postage paid, with proof of the date of purchase) so long as the Goods are still being
manufactured by Activision. If the Goods are no longer available, Activision retains the right to substitute similar
Goods of equal or greater value. This warranty is limited to the Goods, 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 HEREIN, THIS WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED.

For customers in North America: For information about warranty replacement, or other customer service inquires,
call (310) 255-2050 in North America; or if you prefer to not call, please visit

www.activision.com/support

. If a

replacement is appropriate you will need to return: (1) the original Goods; (2) a copy of your dated sales receipt; (3)
your name and return address; (4) a description of the defect, the problem(s) you are encountering; and (5) the
incident/RMA number given to you by Customer Support. In the United States, send to: Warranty Replacements,
Activision Publishing, Inc., 100 N. Sepulveda Blvd. Suite 900, El Segundo, CA 90245; outside of the United States
please visit

www.activision.com/support.

For customers in Australia: This warranty is provided in addition to other rights and remedies you may have
regarding the Goods provided to you in this game bundle, under the Australian Consumer Law. The Goods come
with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or
refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not
amount to a major failure. Please contact Activision on 1300 748 995 or email [email protected] or mail
PO Box 544 Pyrmont NSW 2009 if you have an issue with the Goods provided to you in this game bundle. If a
replacement or repair is required Activision will instruct you on the process. As part of the process you may be
asked to send: (1) the CD-ROM/DVD (not including manual or case) in protective packaging; (2) the accessory; (3)
photocopy of your dated sales receipt; (4) your name and return address typed or clearly printed; (5) a brief note
describing the defect, the problem(s) you are encountering, and the system on which you are running the software;
and (6) the incident number given to you by Customer Support. You may be required to also send a cheque or
money order but if your claim is determined to be a valid you may be entitled to a refund of this amount. Unless
otherwise directed by Customer Support, please send replacements (registered mail recommended) to Limited
Disc/Peripheral Warranty Replacements, Activision Blizzard Australia Pty Ltd, PO Box 6711, St Kilda Road
Central, Melbourne VIC 8008, Australia. The provisions of the Limitation of Liability clause below apply only to
the extent permitted by the Competition and Consumer Act 2010 (Cth).

For customers in EU and other countries: This warranty is provided without prejudice to your statutory rights as a
consumer which will always prevail. Activision will only be responsible for any loss or damage you suffer that is a
foreseeable result of the breach of this Agreement by Activision or its negligence.

Nothing in this Agreement shall

limit or exclude our liability for death or personal injury resulting from negligence, fraudulent misrepresentation; or
any other liability that cannot be excluded or limited by English law.

This section shall prevail over all other parts of

this Agreement. For information about warranty replacement, or other customer service inquires please check:
http://www.activision.com/support.


LIMITATION ON DAMAGES: IN NO EVENT WILL BUNGIE OR 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 BUNGIE OR ACTIVISION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BUNGIE’S AND ACTIVISION’S LIABILITY SHALL NOT EXCEED
THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES

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