PROGRAM UTILITIES. These files contain certain design,
programming and processing utilities, tools, assets and other resources for use
with the Star Trek: Bridge Commander game that allow you to customize or create
new missions, environments and other related game materials for personal use in
Star Trek: Bridge Commander. Activision does not provide technical support
for these tools or the New Game Materials created by using these tools. All use
of such materials is at your own risk. The use of these tools shall be
subject to Software License Agreement contained within the Star Trek: Bridge
Commander manual, as amended by the following additional license terms and
restrictions:
LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR
MALFUNCTION OF THE PROGRAM OR PROGRAM UTILITIES, 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.
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 the Program Utilities
and all of its component parts.
INJUNCTION. Because Activision would be irreparably damaged if the terms of this Agreement were not specifically 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, licensors, affiliates, contractors, officers, 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.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. 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. 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 you consent to the exclusive jurisdiction of the state and federal courts in Los Angeles, California.
The program utilities that are the subject matter of this license contain
software used under license including: MAXImmerse © 2002 Numerical Design, Ltd.
All rights reserved.
If you have any questions concerning this license, you may contact Activision at
3100 Ocean Park Boulevard, Santa Monica, California 90405, USA, (310) 255-2000,
Attn. Business and Legal Affairs, legal@activision.com.
Version 1.0, created on ... March 13, 2002