Activision Destiny User Manual

Page 3

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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 Bungie or 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 this
Program and all of its component parts. You may also terminate the Agreement at any time by permanently deleting
any installation of the Program, and destroying all copies of the Program in your possession or control. Bungie or
Activision may terminate this Agreement at any time for any reason or no reason. In such event, you must destroy
all copies of the Program and all of its component parts. The License Limitations, limitation on damages, limited
warranty, indemnity, and miscellaneous provisions shall survive termination of this Agreement.

U.S. GOVERNMENT RESTRICTED RIGHTS: The Program 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 Publishing, Inc., 3100 Ocean
Park Boulevard, Santa Monica, California 90405.

PRIVACY: Your use of the Program shall be subject to the terms of the Privacy Policy available at

http://www.bungie.net/eula

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INJUNCTION: Because Bungie and Activision would be irreparably damaged if the terms of this Agreement were
not specifically enforced, you agree that Bungie and/or 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 Bungie and Activision may otherwise have under applicable laws.

INDEMNITY: You agree to indemnify, defend, and hold Bungie and Activision, their partners, affiliates, licensors,
contractors, officers, directors, employees, and agents harmless from all damages, losses and expenses arising
directly or indirectly from your breach of this Agreement and/or your acts and omissions in using the Program
pursuant to the terms of this Agreement.

CHANGES TO THE AGREEMENT: Bungie reserves the right, at its sole discretion, to change, modify, add to,
supplement or delete any of the terms and conditions of this Agreement when Bungie upgrades or patches the
Program. The changes to the Agreement will be effective upon prior notice as follows: Bungie will post the revised
version of this Agreement on its website, may include the terms with a patch or update and require acceptance as
part of the installation process, or may provide such other notice as Bungie may elect in its sole discretion. If any
future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this
Agreement, you may terminate this Agreement and receive a refund in accordance with this Agreement. Your
installation and use of any of Bungie’s updates, patches or modifications to the Program or your continued use of the
Program following notice of changes to this Agreement will demonstrate your acceptance of any and all such
changes. Bungie may change, modify, suspend, or discontinue any aspect of the Program at any time. Bungie may
also impose limits on certain features or restrict your access to parts or all of the Program without notice or liability.
You have no interest, monetary or otherwise, in any feature or content contained in the Program.

MISCELLANEOUS: This Agreement is the complete agreement concerning this license between the parties and
supersedes all prior agreements and representations between them. 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. To the extent permitted by applicable law: (i)
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 (ii) you consent
to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California.

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