12
11
This limited software warranty and license agreement (this “Agreement”)
may be periodically updated and the current version will be posted at
www.take2games.com/eula/ (the “Website”). Your continued use of the
Software after a revised Agreement has been posted constitutes your
acceptance of its terms.
THE “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS
AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING, AND
OTHER WRITTEN FILES, ELECTRONIC OR ON-LINE MATERIALS OR
DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE
AND ITS MATERIALS.
THE SOFTWARE IS LICENSED, NOT SOLD. BY OPENING, DOWNLOADING,
INS TALLI NG, COP YING , OR OTH ERWI SE USI NG THE S OFT WARE , AND AN Y
OTHER MATERIALS INCLUDED WITH THE SOF TWARE, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT WITH THE UNITED STATES
COM PANY TAK E-T WO IN TER ACT IVE S OFT WARE , INC. (“ LICE NSO R,” “WE ,”
“US, OR “OUR”), AS WELL AS THE PRIVACY POLICY LOCATED AT www.
take2games.com/privacy AND TERMS OF SERVICE LOCATED AT www.
take2games.com/legal.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO
AL L THE T ERMS O F THI S AGRE EMEN T, YO U ARE N OT PER MIT TED T O OPEN ,
DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.
LICENSE
Subject to this Agreement and its terms and conditions, Licensor hereby
gra nts you a n onexc lusive , non- trans ferab le, lim ited, a nd revo cabl e right a nd
license to use one copy of the Software for your personal, non-commercial
use for gameplay on a single Game Platform (e.g. computer, mobile device,
or gaming console) as intended by Licensor unless otherwise expressly
specified in the Software documentation. Your license rights are subject to
your compliance with this Agreement. The term of your license under this
Agr eement s hall co mmenc e on the da te that y ou inst all or ot herw ise us e the
Sof twa re and end s on the earli er date of eit her your disp osal of th e Softw are
or the termination of this Agreement (see below).
The S oftware is licensed, not sol d, to you, and yo u hereby acknowledge that
no ti tle or ow ners hip in the S oft ware i s being t ransf erre d or assi gned an d this
Agreement should not be construed as a sale of any rights in the Software.
Licensor retains all right, title, and interest to the Software, including, but
not limited to, all copyrights, trademarks, trade secrets, trade names,
proprietary rights, patents, titles, computer codes, audiovisual effects,
themes, characters, character names, stories, dialog, settings, artwork,
sounds eff ects , musical wor ks, and moral rights. The So ftware is pro tected
by U.S. copyright and trademark law and applicable laws and treaties
thr ougho ut the wo rld. T he Sof twar e may not b e copie d, repr oduc ed, alte red,
mod ified , or dist ribut ed in any m anner or m edium , in whol e or in par t, wi thout
prior written consent from Licensor. Any persons copying, reproducing, or
dis tribu ting al l or any po rti on of the S oft ware i n any mann er or med ium, wi ll be
wil lfully vi olating th e copyright la ws and may b e subjec t to civ il and cr iminal
penalties in the U.S. or their local country. Be advised that U.S. copyright
violations are subject to statutor y penalties of up to $150,0 00 per violation.
The Software contains certain licensed materials and Licensor’s licensors
may al so pr otec t their r ight s in the e vent of a ny viol atio n of this A greem ent. A ll
rig hts no t expre ssly gr anted u nder thi s Agree ment ar e rese rved b y Licen sor
and, as applicable, its licensors.
LICENSE CONDITIONS
You agree not to, and not to provide guidance or instruction to any other
individual or entity on how to:
• commercially exploit the Software;
• distribute, lease, license, sell, rent, convert into convertible currency, or
otherwise transfer or assign the Software, or any copies of the Software,
inc luding b ut not l imite d to Vir tua l Goods o r Vir tual Cu rren cy (defi ned bel ow)
without the express prior written consent of Licensor or as expressly set
forth in this Agreement;
• make a copy of the Software or any part thereof (other than as set forth
herein);
• make a copy of the Software available on a network for use or download
by multiple users;
• exce pt as ot her wise s peci fica lly pro vide d by the S oft ware o r this A greem ent,
use or install the Software (or permit others to do same) on a network, for
on- line use, or on more than one computer or gaming unit at th e same time;
• c opy th e Sof twar e onto a h ard dr ive or ot her st orag e devi ce in or der to by pass
the requirement to run the Software from the included Blu-ray Disc (this
prohibition does not apply to copies in whole or in part that may be made
by the Software itself during installation in order to run more efficiently);
• use or copy the Software at a computer gaming center or any other
location-based site; provided, that Licensor may offer you a separate
license agreement to make the Software available for commercial use;
• reverse engineer, decompile, disassemble, display, perform, prepare
derivative works based on, or otherwise modify the Software, in whole
or in part;
• remove or modify any proprietary notices, marks, or labels contained on
or within the Software;
• restrict or inhibit any other user from using and enjoying any online
features of the Software;
• cheat (including but not limited to utilizing exploits or glitches) or utilize
any unauthorized robot, spider, or other program in connection with any
online features of the Software;
• violate any terms, policies, licenses, or code of conduct for any online
features of the Software; or
• transport, export, or re-export (directly or indirectly) into any country
forbidden to receive the Software by any U.S. export laws or regulations
or U.S. economic sanctions or otherwise violate any laws or regulations,
or the laws of the country in which the Software was obtained, which may
be amended from time to time.
ACCESS TO SPECIAL FEATURES AND/OR SERVICES, INCLUDING
DIGITAL COPIES: Software download, redemption of a unique serial code,
registration of the Software, membership in a third-party service and/or
membership in a Licensor service (including acceptance of related terms
and p olicie s) may be re quired t o acti vate th e Soft ware, acc ess dig ital co pies
of th e Sof twar e, or ac cess c ert ain un -loc kable, d ownl oadab le, onl ine, or o ther
spe cial co nten t, ser vic es, and /or fun ctio ns (col lect ively, “Sp ecial F eatur es”).
Access to Special Features is limited to a single User Account (as defined
below) per serial code and access to Special Features cannot be transferred,
sold, leased, licensed, rented, converted into convertible virtual currency,
or re-registered by another user unless other wise expressly specified. The
provisions of this paragraph supersede any other term in this Agreement.
TRANSFER OF PRE-RECORDED COPY LICENSE: You may transfer
the entire physical copy of pre-recorded Software and accompanying
documentation on a permanent basis to another person as long as you
retain no copies (including archival or backup copies) of the Software,
acc ompan ying do cument atio n, or any p orti on or com ponen t of the S oft ware
or accompanying documentation, and the recipient agrees to the terms of
this Agreement. Transfer of the pre-recorded copy license may require you
to take specific steps, as set forth in the Software documentation. You may
not transfer, sell, lease, license, rent, or convert into convertible virtual
currency any Virtual Currency or Virtual Goods except as expressly set
forth in this Agreement or with Licensor’s prior written consent. Special
Features, including content otherwise unavailable without a single-use
ser ial co de, are n ot tran sfer rabl e to anot her per son un der any c ircum stan ces,
LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT and Special Features may cease functioning if the original installation copy
of the Software is deleted or the pre-recorded copy is unavailable to the
user. The Software is intended for private use only. NOTWITHSTANDING
THE FOREGOING, YOU MAY NOT TRANSFER ANY PRE-RELEASE COPIES
OF THE SOFTWARE.
TECHNICAL PROTECTIONS: The Software may include measures to
con trol a cces s to the S oft ware , cont rol ac cess t o cer tain fe atur es or co ntent ,
prevent unauthorized copies, or otherwise attempt to prevent anyone from
exceeding the limited rights and licenses granted under this Agreement.
Such measures may include incorporating license management, product
activation, and other security technology in the Software and monitoring
usage, including, but not limited to, time, date, access, or other controls,
counters, serial numbers, and/or other security devices designed to
prevent the unauthorized access, use, and copying of the Software, or any
por tion s or comp onent s thereof, including a ny viol ations of this Agreement.
Licensor reserves the right to monitor use of the Software at any time. You
may not interfere with such access control measures or attempt to disable
or circumvent such security features, and if you do, the Software may not
function properly. If the Software permits access to Special Features, only
one copy of the Software may access those Special Features at one time.
Additi onal ter ms and re gistr ation m ay be requ ired to access o nline se rvic es
and to download Software updates and patches. Only Software subject to a
valid license can be used to access online services, including downloading
updates and patches. Licensor may limit, suspend, or terminate the license
granted hereunder and access to the Software, including, but not limited
to, any rel ated services and products, on thirt y days’ notice, or immediately
for any reason beyond the Company’s reasonable control or if you breach
any term of an agreement or policy governing the Software, including this
Agreement, Licensor’s Privacy Policy and/or Licensor’s Terms of Service.
USER CREATED CONTENT: The S oft ware may a llow you t o crea te cont ent,
including, but not limited to, a gameplay map, scenario, screenshot, car
design, character, item, or video of your game play. In exchange for use of
the Software, and to the extent that your contributions through use of the
Software give rise to any copyright interest, you hereby grant Licensor an
exclusive, perpetual, irrevocable, fully transferable, and sub-licensable
worldwide right and license to use your contributions in any way and for any
purpose in connection with the Software and related goods and services,
including, but not limited to, the rights to reproduce, copy, adapt, modify,
perform, display, publish, broadcast, transmit, or otherwise communicate
to the public by any means whether now known or unknown and distribute
your contributions without any further notice or compensation to you of any
kind for the whole duration of protection granted to intellectual property
rights by applicable laws and international conventions. You hereby
waive and agree never to assert any moral rights of paternity, publication,
reputation, or attribution with respect to Licensor’s and other players’ use
and enjoyment of such assets in connection with the Software and related
goods and services under applicable law. This license grant to Licensor,
and terms above regarding any applicable moral rights, will survive any
termination of this Agreement.
INTERNET CONNECTION: The S oft ware m ay requ ire an int erne t conn ecti on
to access internet-based features, authenticate the Software, or perform
other functions.
USER ACCOUNTS: In orde r to use the Soft ware or a s oftware fea ture, or for
cer tain features of the Software to operate properly, you may be required to
have a nd main tain a val id and ac tive u ser acc ount w ith an on line se rvic e, suc h
as a third-party gaming platform or social network account (“Third-Party
Acc ount ”), or an a ccou nt wit h Lice nsor o r a Licen sor af fili ate, a s set fo rth in t he
Sof twa re docu menta tion. I f you do not main tain su ch acco unts, t hen cer tain
featur es of the Sof tware may no t operate or may ce ase to function proper ly,
either in whole or in part. The Software may also require you to create a
Software-specific user account with Licensor or a Licensor affiliate (“User
Acc ount ”) in ord er to ac cess th e Sof twar e and it s funct ional ity an d featu res.
Your User Account log-in may be associated with a Third-Party Account.
You are responsible for all use and the security of your User Accounts and
any Third-Party Accounts that you use to access and use the Software.
VIRTUAL CURRENCY AND VIRTUAL GOODS
If the Software allows you to purchase and/or earn through play a license
to use Virtual Currency and Virtual Goods, the following additional terms
and conditions apply.
VIR TUAL C URREN CY & VIR TUAL GO ODS: The Sof tware may enable users
to (i) use fictional virtual currency as a medium of exchange exclusively
within the Software (“Virtual Currency” or “VC”) and (ii) gain access to (and
certain limited rights to use) virtual goods within the Software (“Virtual
Goods” or “VG”). Regardless of the terminology used, VC and VG represent
a limited license right governed by this Agreement. Subject to the terms
of and compliance with this Agreement, Licensor hereby grants you the
nonexclusive, non-transferable, non-sublicensable, limited right and
lic ense to u se VC and V G obtai ned by you for your p erson al, non -comm ercial
gameplay exclusively within the Software. Except as otherwise prohibited
by applicable law, VC and VG obtained by you are licensed to you, and you
hereby acknowledge that no title or ownership in or to VC and VG is being
tra nsfe rred or a ssign ed here under. Thi s Agree ment sh ould no t be con stru ed
as a sale of any rights in VC and VG.
VC and VG do not have an equivalent value in real currency and do not act
as a substitute for real currency. You acknowledge and agree that Licensor
may revise or take action that impacts the perceived value of or purchase
pri ce for an y VC and/o r VG at any ti me excep t as pro hibite d by appl icabl e law.
VC and VG do not incur fees for non-use; provided, however, that the license
gra nted he reunde r to VC and V G will te rminat e in acc ordanc e with t he term s
and conditions of this Agreement and the Software documentation, when
Licensor ceases providing the Software, or this Agreement is otherwise
terminated. Licensor, in its sole discretion, reserves the right to charge
fees for the right to access or use VC or VG and/or may distribute VC or VG
with or without charge.
EARNING & PURCHASING VIRTUAL CURRENCY & VIRTUAL GOODS:
You may have the ability to purchase VC or to earn VC from Licensor for the
completion of certain activities or accomplishments in the Software. For
example, Lic ensor may provide VC or VG upon the completion of an in-game
activity, such as attaining a new level, completing a task, or creating user
content. Once obt ained, VC and/or VG will be credited to your User Ac count.
You may pu rchas e VC and V G only wit hin the S oft ware , or thro ugh a pl atfo rm,
participating third-party online store, application store, or other store
aut horiz ed by Li censo r (all ref erre d to here in as “So ft ware St ore”). P urcha se
and use of in-game items or currency through a Software Store are subject
to the Software Store’s governing documents, including but not limited to,
the Terms of Service and User Agreement. This online service has been
sublicensed to you by the Software Store. Licensor may offer discounts or
promotions on the purchase of VC, and such discounts and promotions may
be modified or discontinued by Licensor at any time without notice to you.
Upon completing an authorized purchase of VC from an Application Store,
the amount of purchased VC will be credited to your User Account. The
Licens or shall establish a maximum amount you may spend t o purchase VC
per t ransa ction a nd/or pe r day, which m ay vary d ependi ng on the asso ciate d
Software. Licensor, in its sole discretion, may impose additional limits on
the amount of VC you may purchase or use, how you may use VC, and the
maximum balance of VC that may be credited to your User Account. You are
solely responsible for all VC purchases made through your User Account
regardless of whether or not authorized by you.
BALANCE CALCULATION: You can access and view your available VC
and VG in your User Account when logged into your User Account. Licensor
reserves the right, in its sole discretion, to make all calculations regarding
the avail able VC and VG in your Us er Account. Licensor fur ther reser ves the
right, in its sole discretion, to determine the amount of and manner in which