XBOX 360 User Manual page 24

manufactured by Activision. In the event that the Product is no longer available, Activision
retains the right to substitute a similar product of equal or greater value.
This warranty is limited to the recording medium containing the Product 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 ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR
OBLIGATE ACTIVISION.
When returning merchandise for warranty replacement, please follow the instructions at
http://www.activision.com/support or contact us. You will also fi nd the most up-to-date
contact information and opening hours for your country and language on this website.
LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE
OR MALFUNCTION OF THE PRODUCT, INCLUDING DAMAGES TO PROPERTY, LOSS OF
GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED
BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION'S LIABILITY SHALL NOT EXCEED
THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PRODUCT. SOME STATES/
COUNTRIES 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 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 Product and all of its component parts.
INJUNCTION. Because Activision would be irreparably damaged if the terms of this Agreement
were not specifi cally enforced, you agree that 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 Activision may otherwise have under
applicable laws.
INDEMNITY. You agree to indemnify, defend and hold Activision, its partners, affi liates,
contractors, offi cers, directors, employees and agents harmless from all damages, losses
and expenses arising directly or indirectly from your acts and omissions to act in using the
Product pursuant to the terms of this Agreement
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