1+ ---
2+ key: activision-eula
3+ short_name: Activision EULA
4+ name: Activision EULA
5+ category: Proprietary Free
6+ owner: Activision
7+ homepage_url: https://www.doomworld.com/eternity/activision_eula.txt
8+ spdx_license_key: LicenseRef-scancode-activision-eula
9+ other_urls:
10+ - https://doomwiki.org/wiki/Raven_source_code_licensing
11+ - https://github.com/NixOS/nixpkgs/blob/master/lib/licenses.nix
12+ ignorable_emails:
13+ 14+ ---
15+
16+ SOFTWARE LICENSE AGREEMENT
17+
18+ IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE
19+ LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL SOFTWARE INCLUDED WITH
20+ THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR
21+ ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS.
22+ BY OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM AND ANY SOFTWARE
23+ PRGRAMS INCLUDED WITHIN, YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION,
24+ INC. ("ACTIVISION").
25+
26+ LIMITED USE LICENSE. Subject to the conditions described below, Activision
27+ grants you the non-exclusive, non-transferable, limited right and license to
28+ install and use one copy of this Program solely and exclusively for your
29+ personal use. All rights not specifically granted under this Agreement are
30+ reserved by Activision and, as applicable, Activision's licensors. This Program
31+ is licensed, not sold, for your use. Your license confers no title or ownership
32+ in this Program and should not be construed as a sale of any rights in this
33+ Program.
34+
35+ LICENSE CONDITIONS.
36+ You shall not:
37+ o Exploit this Program or any of its parts commercially.
38+ o Use this Program, or permit use of this Program, on more than one computer,
39+ computer terminal, or workstation at the same time.
40+ o Make copies of this Program or any part thereof, or make copies of the
41+ materials accompanying this Program.
42+ o Use the program, or permit use of this Program, in a network, multi-user
43+ arrangement or remote access arrangement, including any online use, except as
44+ otherwise explicitly provided by this Program.
45+ o Sell, rent, lease or license any copies of this Program, without the express
46+ prior written consent of Activision.
47+ o Remove, disable or circumvent any proprietary notices or labels contained on
48+ or within the Program.
49+
50+ OWNERSHIP. All title, ownership rights and intellectual property rights in and
51+ to this Program and any and all copies thereof (including but not limited to any
52+ titles, computer code, themes, objects, characters, character names, stories,
53+ dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical
54+ compositions, audio-visual effects, methods of operation, moral rights, any
55+ related documentation, and "applets" incorporated into this Program) are owned
56+ by Activision, affiliates of Activision or Activision's licensors. This Program
57+ is protected by the copyright laws of the United States, international copyright
58+ treaties and conventions and other laws. This Program contains certain licensed
59+ materials and Activision's licensors may protect their rights in the event of
60+ any violation of this Agreement.
61+
62+ PROGRAM UTILITIES. This Program contains certain design, programming and
63+ processing utilities, tools, assets and other resources ("Program Utilities")
64+ for use with this Program that allow you to create customized new game levels
65+ and other related game materials for personal use in connection with the Program
66+ ("New Game Materials"). The use of the Program Utilities is subject to the
67+ following additional license restrictions:
68+
69+ " You agree that, as a condition to your using the Program Utilities, you will
70+ not use or allow third parties to use the Program Utilities and the New Game
71+ Materials created by you for any commercial purposes, including but not limited
72+ to selling, renting, leasing, licensing, distributing, or otherwise transferring
73+ the ownership of such New Game Materials, whether on a stand alone basis or
74+ packaged in combination with the New Game Materials created by others, through
75+ any and all distribution channels, including, without limitation, retail sales
76+ and on-line electronic distribution. You agree not to solicit, initiate or
77+ encourage any proposal or offer from any person or entity to create any New Game
78+ Materials for commercial distribution. You agree to promptly inform Activision
79+ in writing of any instances of your receipt of any such proposal or offer.
80+ " If you decide to make available the use of the New Game Materials created by
81+ you to other gamers, you agree to do so solely without charge.
82+ " New Game Materials may be created only if such New Game Materials can be used
83+ exclusively in combination with the retail version of the Program. New Game
84+ Materials may not be designed to be used as a stand-alone product.
85+ " New Game Materials must not contain any illegal, obscene or defamatory
86+ materials, materials that infringe rights of privacy and publicity of third
87+ parties or (without appropriate irrevocable licenses granted specifically for
88+ that purpose) any trademarks, copyright-protected works or other properties of
89+ third parties.
90+ " All New Game Materials must contain prominent identification at least in any
91+ on-line description and with reasonable duration on the opening screen: (a) the
92+ name and E-mail address of the New Game Materials' creator(s) and (b) the words
93+ "THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION."
94+
95+ WARRANTY INFORMATION. THIS PROGRAM IS PROVIDED AS IS. ACTIVISION AND ITS
96+ AFFILIATES MAKE NO WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR
97+ IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
98+ PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND
99+ SHALL BE BINDING ON OR OBLIGATE ACTIVISION OR ITS AFFILIATES.
100+
101+ LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION OR ANY AFFILIATES OF
102+ ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING
103+ FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO
104+ PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
105+ PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN
106+ ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION'S LIABILITY SHALL NOT
107+ EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME
108+ STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
109+ AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
110+ THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY
111+ TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
112+ RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
113+
114+ TERMINATION. Without prejudice to any other rights of Activision, this Agreement
115+ will terminate automatically if you fail to comply with its terms and
116+ conditions. In such event, you must destroy all copies of this Program and all
117+ of its component parts.
118+ U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation have been
119+ developed entirely at private expense and are provided as "Commercial Computer
120+ Software" or "restricted computer software." Use, duplication or disclosure by
121+ the U.S. Government or a U.S. Government subcontractor is subject to the
122+ restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical
123+ Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in
124+ subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted
125+ Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is
126+ Activision, Inc., 3100 Ocean Park Boulevard, Santa Monica, California 90405.
127+
128+ INJUNCTION. Because Activision would be irreparably damaged if the terms of this
129+ Agreement were not specifically enforced, you agree that Activision shall be
130+ entitled, without bond, other security or proof of damages, to appropriate
131+ equitable remedies with respect to breaches of this Agreement, in addition to
132+ such other remedies as Activision may otherwise have under applicable laws.
133+
134+ INDEMNITY. You agree to indemnify, defend and hold Activision, its partners,
135+ affiliates, licensors, contractors, officers, directors, employees and agents
136+ harmless from all damages, losses and expenses arising directly or indirectly
137+ from your acts and omissions to act in using the Product pursuant to the terms
138+ of this Agreement
139+
140+ MISCELLANEOUS. This Agreement represents the complete agreement concerning this
141+ license between the parties and supersedes all prior agreements and
142+ representations between them. It may be amended only by a writing executed by
143+ both parties. If any provision of this Agreement is held to be unenforceable for
144+ any reason, such provision shall be reformed only to the extent necessary to
145+ make it enforceable and the remaining provisions of this Agreement shall not be
146+ affected. This Agreement shall be construed under California law as such law is
147+ applied to agreements between California residents entered into and to be
148+ performed within California, except as governed by federal law and you consent
149+ to the exclusive jurisdiction of the state and federal courts in Los Angeles,
150+ California.
151+
152+ If you have any questions concerning this license, you may contact Activision at
153+ 3100 Ocean Park Boulevard, Santa Monica, California 90405, (310) 255-2000,
154+ Attn. Business and Legal Affairs,
[email protected]
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