IMPORTANT NOTICE FOR RESIDENTS IN NORTH AMERICA ONLY: THIS AGREEMENT IS SUBJECT TO

BINDING ARBITRATION

AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 16 BELOW.

YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN
YOUR COUNTRY AND STATE OF RESIDENCE. If you are under the legal age of majority,
your parent or legal guardian must consent to this agreement.

SOFTWARE LICENSE AND SERVICE AGREEMENT

USE OF THIS SOFTWARE PROGRAM (AND ANY UPDATES), ANY ONLINE SERVICES, OR DOWNLOADS
ASSOCIATED HEREWITH, THE SOFTWARE (INCLUDING FIRMWARE) FOR ANY RELATED PERIPHERALS
(collectively, ”Peripheral”), THE ASSOCIATED MEDIA, PRINTED MATERIALS, AND
DOCUMENTATION (collectively, “Program”) IS SUBJECT TO THIS SOFTWARE LICENSE AND
SERVICE AGREEMENT (“Agreement”). BY OPENING THIS PACKAGE, DOWNLOADING, INSTALLING,
OR USING THE PROGRAM OR “CLICKING TO ACCEPT,” YOU ACCEPT THE TERMS OF THIS
AGREEMENT WITH THE ACTIVISION CORPORATE ENTITY SET OUT IN SECTION 17 ("Activision",
“we” and “us”) DEPENDING ON WHERE YOU ACQUIRED AND USE THE PROGRAM. IF YOU DO NOT
AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE PROGRAM.
TO REJECT THESE TERMS, YOU MUST NOT “CLICK TO ACCEPT” THESE TERMS OR INSTALL, COPY,
OR USE THE PROGRAM.

FOR RESIDENTS IN NORTH AMERICA ONLY: IF YOU REJECT THIS AGREEMENT, YOU CAN RETURN
YOUR PERIPHERAL AND THE PROGRAM AND REQUEST A REFUND FOR YOUR PERIPHERAL AND THE
PROGRAM WITHIN THIRTY (30) DAYS AFTER THE DATE OF YOUR PURCHASE, BY VISITING
http://support.activision.com. ACTIVISION’S PRIVACY POLICY AVAILABLE AT
http://www.activision.com/legal/privacy-policy SHALL BE DEEMED TO BE PART OF THE
“AGREEMENT” ACCEPTED AND AGREED TO BY YOU AND THE TERMS OF SUCH ARE INCORPORATED
HEREIN BY REFERENCE.

FOR RESIDENTS OUTSIDE NORTH AMERICA: IF YOU (OR, IF APPLICABLE, YOUR PARENT OR
GUARDIAN) DO NOT AGREE TO THIS AGREEMENT, THEN YOU MUST NOT USE OR ACCESS THE
PROGRAM OR ANY PART THEREOF. BY “CLICKING TO ACCEPT,” YOU REPRESENT AND WARRANT
THAT YOU ARE A “NATURAL PERSON” WHO IS OVER THE AGE OF EIGHTEEN (18) OR WHOSE LEGAL
GUARDIAN HAS ACCEPTED AND AGREED TO THIS AGREEMENT. IF YOU REJECT THIS AGREEMENT,
YOUR RETURN RIGHTS IN RELATION TO THE PROGRAM ARE GOVERNED BY YOUR STATUTORY RIGHTS
IN THE COUNTRY WHERE YOU BOUGHT THE PROGRAM. PLEASE VISIT
http://support.activision.com. NOTHING IN THIS PARAGRAPH SHALL AFFECT YOUR
STATUTORY RIGHTS. PLEASE NOTE THAT YOUR RIGHTS IN RESPECT OF ONLINE SERVICES AND
SERVICE PROVIDED CONTENT ARE COVERED IN SECTIONS 11 AND 12. YOUR USE OF THE PROGRAM
SHALL BE SUBJECT TO THE TERMS OF ACTIVISION’S PRIVACY POLICY AVAILABLE AT
http://www.activision.com/legal/privacy-policy.

FOR RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM: EXCEPT FOR SECTION
16 (ARBITRATION AND CLASS ACTION WAIVER), ACTIVISION RESERVES THE RIGHT TO MODIFY
THIS AGREEMENT AT ANY TIME BY ANY MEANS, INCLUDING WITHOUT LIMITATION BY (1)
POSTING THE MODIFICATIONS TO http://support.activision.com/license AND/OR (2)
REQUIRING YOU TO “CLICK TO ACCEPT” THE AGREEMENT, AND YOUR CONTINUED USE OF THE
PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY FUTURE
MODIFICATIONS TO THE AGREEMENT ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO NO LONGER BE
IN COMPLIANCE WITH THIS AGREEMENT, YOU MUST TERMINATE, AND IMMEDIATELY STOP USING,
THE PROGRAM. IF ANY FUTURE MODIFICATIONS ARE IMPLEMENTED AS A “CLICK TO ACCEPT”
AGREEMENT, YOU MAY NOT BE ABLE TO CONTINUE USING THE PROGRAM UNLESS YOU
AFFIRMATIVELY ACCEPT THE MODIFIED AGREEMENT.

FOR RESIDENTS IN THE EUROPEAN UNION AND THE UNITED KINGDOM: FROM TIME TO TIME,
ACTIVISION MAY MODIFY, ADD TO, SUPPLEMENT OR DELETE TERMS OF THIS AGREEMENT, FOR
INSTANCE IF THERE IS A CHANGE TO ITS PRODUCTS AND SERVICES, TO IMPROVE PLAYERS’
SAFETY OR IN CASE OF CHANGE IN APPLICABLE LAWS. IF ACTIVISION SUBSTANTIALLY CHANGES
THE TERMS OF THIS AGREEMENT, ACTIVISION WILL NOTIFY YOU IN ADVANCE BEFORE THE NEW
TERMS OF THIS AGREEMENT COME INTO EFFECT AND YOU WILL BE ASKED TO ACCEPT THOSE
CHANGES TO CONTINUE TO USE ACTIVISION PRODUCTS AND SERVICES. YOU WILL HAVE THE
OPTION TO REFUSE THE AMENDED AGREEMENT, BUT IF YOU DO YOU WILL NO LONGER BE ABLE TO
USE SUCH ACTIVISION PRODUCTS AND SERVICES. THE APPLICABLE VERSION OF THE AGREEMENT
IS AVAILABLE ON OUR WEBSITE http://support.activision.com/license, SO WE ADVISE YOU
TO CHECK WHETHER THE TERMS OF THE AGREEMENT HAVE BEEN UPDATED EACH TIME YOU USE
ACTIVISION PRODUCTS AND SERVICES. CHANGES TO THE TERMS OF THIS AGREEMENT WILL NOT
AFFECT YOUR RIGHTS, WILL NOT SUBSTANTIALLY CHANGE THE CONTRACTUAL BALANCE BETWEEN
YOU AND ACTIVISION, AND WILL NOT HAVE RETROACTIVE EFFECT. IF YOU ARE RESIDENT IN
GERMANY, THE SUB-SECTION ‘MODIFICATION OF TERMS’ IN SECTION 19 SHALL APPLY TO THIS
PARAGRAPH INSTEAD.

FOR RESIDENTS IN AUSTRALIA AND NEW-ZEALAND: NOTHING IN THIS AGREEMENT IS INTENDED

TO EXCLUDE, RESTRICT OR MODIFY, OR HAVE THE EFFECT OF EXCLUDING, RESTRICTING OR
MODIFYING, THE APPLICATION OF ANY APPLICABLE LAWS IN EITHER AUSTRALIA (UNDER
DIVISION 1 OF PART 3-2 OF THE AUSTRALIAN CONSUMER LAW (WHICH FORMS SCHEDULE 2 TO
THE COMPETITION AND CONSUMER ACT 2010 (CTH) (“ACL”))) OR NEW ZEALAND (UNDER THE NEW
ZEALAND CONSUMER GUARANTEES ACT 1993) THAT CANNOT BE EXCLUDED, RESTRICTED OR
MODIFIED BY AGREEMENT BETWEEN US (THE “NON-EXCLUDABLE RIGHTS”). WE ACKNOWLEDGE
THAT, IN AUSTRALIA, FOR MAJOR FAILURES WITH ANY SERVICES, YOU ARE ENTITLED TO: (A)
CANCEL THE CONTRACT FOR THE RELEVANT SERVICE; AND (B) A REFUND OF THE UNUSED
PORTION, OR TO COMPENSATION FOR THE REDUCED VALUE OF THE RELEVANT SERVICE. FOR A
MAJOR FAILURE WITH ANY GOODS, YOU ARE ENTITLED TO A REPLACEMENT OR REFUND. IF A
FAILURE WITH THE GOODS OR SERVICES DOES NOT AMOUNT TO A MAJOR FAILURE, YOU ARE
ENTITLED TO HAVE THE FAILURE RECTIFIED IN A REASONABLE TIME AND, IF THAT IS NOT
DONE, YOU ARE ENTITLED TO A REFUND FOR THE GOODS AND A REFUND OF THE UNUSED PORTION
OF THE SERVICES. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY
FORESEEABLE LOSS OR DAMAGE FROM A FAILURE IN THE GOODS OR SERVICES.

1. SERVICES AND ADDITIONAL TERMS OF SERVICE: USE OF CERTAIN FEATURES OF THE

PROGRAM, INCLUDING ONLINE OR MULTIPLAYER COMPONENTS, OR UPDATED FEATURES, MAY
REQUIRE ASSENT TO ADDITIONAL TERMS OF SERVICE. YOU WILL BE PROVIDED WITH THESE
ADDITIONAL TERMS OF SERVICE AT THE TIME THE APPLICABLE FEATURES ARE MADE AVAILABLE
TO YOU. IF YOU DO NOT ASSENT TO THE ADDITIONAL TERMS OF SERVICE, YOU MAY NOT BE
ABLE TO ACCESS OR USE THE ADDITIONAL FEATURES THAT ARE SUBJECT TO THE ADDITIONAL
TERMS OF SERVICE.

2. LIMITED USE LICENSE: Subject to any system requirements, Activision grants you
the non-exclusive, non-transferable, limited right and license to install and use
one copy of the software component(s) of the Program solely for your personal use.
All rights not specifically granted are reserved by Activision. The Program is
licensed, not sold, for your use. Your license confers no title or ownership in the
Program, and should not be construed as a sale of any rights in the Program. This
Agreement shall also apply to patches or updates you may obtain for the Program,
unless that patch or update is accompanied by additional terms. YOU ACKNOWLEDGE AND
AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THIS AGREEMENT, YOU SHALL HAVE NO
OWNERSHIP OR PROPERTY INTEREST IN ANY PRODUCT OR SERVICE PROVIDED CONTENT (AS
DEFINED BELOW), INCLUDING, WITHOUT LIMITATION, ONLINE ACCOUNTS, ANY VIRTUAL
CURRENCY OR GOODS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PRODUCTS AND SERVICE PROVIDED
CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ACTIVISION.

FOR RESIDENTS OUTSIDE NORTH AMERICA: For the avoidance of doubt, nothing in Section
2 shall limit your right to sell and transfer the physical media containing the
Program which you have rightfully purchased.

FOR INDIVIDUALS BASED IN THE EUROPEAN ECONOMIC AREA: As an integral part of its End
User License Agreement (EULA), Microsoft agrees to allow Consumers to play, solely
for their personal use, Eligible Games on a Streaming Service on any device that
they own, as defined in and pursuant to the Commitments entered into by Microsoft
and made legally binding by the European Commission in its decision under Article
8(2) of Regulation (EC) 139/2004 in case M.10646 – Microsoft/Activision Blizzard.
See https://www.xbox.com/en-US/legal/activision-blizzard-cloud-game-streaming-eu.

3. LICENSE CONDITIONS: This license is subject to the following limitations

("License Limitations"). Any use of the Program in violation of the License
Limitations is a serious violation of this Agreement and will result in an
immediate termination of your license and, if you are a resident outside North
America, additional consequences set out in Section 8(2)(c), and continued use of
the Program will be an infringement of Activision's copyrights and other rights in
and to the Program.

A. You agree that you will not do, or allow, any of the following: (1) exploit the
Program commercially; (2) subject to any system requirements, use the Program on
more than one system at the same time; (3) make copies of the Program, in whole or
in part; (4) without limiting the foregoing clause (3), copy the Program onto a
hard drive or other storage device unless the Program itself makes a copy during
installation, or unless you are downloading the Program from an authorized
Activision online retailer; (5) use the Program in a network, multi-user
arrangement, or remote access arrangement, including any online use except as
included in the Program functionality; (6) sell, rent, lease, license, distribute,
or otherwise transfer the Program; (7) subject to applicable laws, reverse engineer
(unless expressly permitted by Activision), derive source code, modify, decompile,
disassemble, or create derivative works of the software and other proprietary
technology in the Program, in whole or in part; (8) create, develop, modify, offer,
make available, distribute, host, promote, advertise, or use any unauthorized
software programs to gain advantage in any offline, online or multiplayer game
modes, including, but not limited to, cheats, automation software (bots), modded
lobbies, hacks, mods, or engaging in any form of cheating, boosting or booting
(such behavior will be subject to sanction at Activision’s discretion; for more
information see the Program’s applicable Security and Enforcement Policy available
at support.activision.com) (9) remove, disable, or circumvent any proprietary
notices or labels contained on or within the Program; or (10) use, access,
download, or otherwise export, reexport, or transfer the Program in contravention
of applicable export control, economic sanctions, and import laws and regulations,
including, but not limited to, the U.S. Export Administration Regulations (“EAR”)
and regulations promulgated by the U.S. Department of the Treasury’s Office of
Foreign Assets Control (“OFAC”).

B. Unless expressly permitted by Activision and subject to applicable local laws,

YOU AGREE NOT TO PERMIT THE SOFTWARE IN THE PERIPHERAL OR ANY PART OF IT TO BE
COMBINED WITH, BECOME INCORPORATED IN, OR USED WITH ANY SOFTWARE PRODUCT OTHER THAN
THE PROGRAM.

FOR RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM:

ALL RIGHTS GRANTED TO YOU UNDER THIS AGREEMENT (INCLUDING YOUR USE OF THE SOFTWARE
IN THE PERIPHERAL) WILL TERMINATE IMMEDIATELY IN THE EVENT THAT YOU ARE IN BREACH
OF ANY OF THE TERMS OF THIS AGREEMENT, THIS PARAGRAPH OR DO ANYTHING WITH ANY
SOFTWARE IN THE PERIPHERAL THAT IS NOT EXPRESSLY PERMITTED BY THIS AGREEMENT.

FOR RESIDENTS IN THE EUROPEAN UNION AND THE UNITED KINGDOM:

ALL RIGHTS GRANTED TO YOU UNDER THIS AGREEMENT (INCLUDING YOUR USE OF THE

SOFTWARE IN THE PERIPHERAL) WILL TERMINATE IMMEDIATELY IN THE EVENT THAT YOU
SERIOUSLY VIOLATE THE TERMS OF THIS AGREEMENT. VIOLATION OF THIS SECTION B OR DOING
ANYTHING WITH ANY SOFTWARE IN THE PERIPHERAL THAT IS NOT EXPRESSLY PERMITTED BY
THIS AGREEMENT IS A SERIOUS VIOLATION OF THIS AGREEMENT.

C. You agree not to do any of the following while using the Program: (A) harass,
threaten, embarrass or cause distress or discomfort upon another participant, user,
or other individual or entity; (B) transmit any UGC (as defined in Section 14) that
Activision considers to be disruptive, unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically
or otherwise objectionable; (C) impersonate any person or entity, including but not
limited to Activision; (D) disrupt normal Program functionality, or otherwise act
in a manner that negatively affects other participants and/or the overall Program
experience; (E) post or transmit any unsolicited advertising, promotional
materials, or any other forms of solicitation; (F) intentionally or unintentionally
violate any applicable law, regulation or treaty while using or accessing the
Program; (G) post multiple posts of the same content (i.e., “spam”); or (H) invade
the privacy or violate or infringe any right of any person or entity, including,
without limitation, any intellectual property right.

D. You represent and warrant that you (1) are not subject to U.S. sanctions or
export restrictions and otherwise are eligible to utilize the Program under
applicable laws and regulations; (2) are not located or ordinarily resident in a
country or region subject to comprehensive or near-comprehensive U.S.
sanctions/embargo, unless your use of the Program in such country or region is
authorized by U.S. law; (3) are not an official, employee, agent, or contractor of,
or directly or indirectly acting or purporting to act for or on behalf of, a
government (including any political subdivision, agency, or instrumentality thereof
or any person directly or indirectly owned or controlled by the foregoing) or
political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to
U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or
region or subject to U.S. sanctions/embargo; and (4) will not use the Program in
connection with an end-use prohibited by U.S. law.

E. Parents and guardians of children under the age of majority in their

jurisdiction or 18 years of age, whichever is older, agree to be responsible for
all uses of the Program by your non-adult child(ren) or ward(s), whether or not
such uses were authorized by you.

F. Communications made using a Product should not be considered private. Activision

may monitor and/or record your communications (including, without limitation, chat
text, voice communications, and website or other typed interactions) when you are
using a Product, and you hereby provide your irrevocable, express consent to such
monitoring and recording. You acknowledge and agree that you have no expectation of
privacy concerning the transmission of any UGC or communications, including,
without limitation, chat text, voice communications, and typed interactions of any
kind while using the Product. Because voice chat and other communications may be
viewed and/or heard by other users, users should avoid revealing any personally
identifiable information.

Additionally, Activision may, with or without notice to you, disclose your Internet
Protocol (IP) address(es), personal information, chat logs, and other information
about you and your activities consistent with the Activision Privacy Policy
available at https://www.activision.com/legal/privacy-policy.

G. Consent to Monitor. WHILE RUNNING, THE PRODUCT (INCLUDING SOFTWARE, KERNEL LEVEL
DRIVER, OR OTHER TECHNICAL MECHANISM) MAY MONITOR YOUR COMPUTER, OR CONSOLE FOR
UNAUTHORIZED PROGRAMS OR PROCESSES RUNNING EITHER CONCURRENTLY WITH SOFTWARE OR OUT
OF PROCESS. AN "UNAUTHORIZED PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY
SOFTWARE PROHIBITED BY SECTION 3.A. ABOVE. DURING THIS PROCESS CERTAIN IDENTIFYING
INFORMATION ABOUT YOUR DEVICE, SOFTWARE, OR PROCESSES MAY BE COMMUNICATED BACK TO
ACTIVISION TO ASSESS WHETHER ANY UNAUTHORIZED PROGRAMS ARE RUNNING. IN THE EVENT
THAT THE PRODUCT DETECTS THE SIGNATURES OF UNAUTHORIZED ACTIVITY OR PROGRAMS, (a)
THE PRODUCT MAY COMMUNICATE INFORMATION BACK TO ACTIVISION ABOUT THE UNAUTHORIZED
ACTIVITY, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE
UNAUTHORIZED ACTIVITY DETECTED, AND THE TIME AND DATE; AND/OR (b) ACTIVISION MAY
EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR
NOTICE TO THE USER. INFORMATION UNRELATED TO THE FOREGOING PROCESS FOR DETECTING
UNAUTHORIZED PROGRAMS WILL NOT BE COMMUNICATED TO ACTIVISION AS PART OF THIS
MONITORING. BY ACCEPTING THIS AGREEMENT, YOU ARE HEREBY AUTHORIZING ACTIVISION TO
ACCESS YOUR DEVICE FOR THESE PURPOSES.

H. If you are concerned that someone else is engaged in unlawful conduct in

connection with any Online Service or has violated a Program’s Code of Conduct (if
any), or if you believe you have been exposed to content contemplated by Section
3.C of this Agreement (“Prohibited Content”), please contact us at
https://support.activision.com. We take the following steps to help keep our Online
Services safe and fun for our players:

We use appropriate tools and procedures to proactively monitor Prohibited Content

across our Online Services. For example, we use automated language filters to
moderate offensive language.
We make available reporting functionality in our games, enabling players to report
Prohibited Content to us. For more information on how to report Prohibited Content,
see https://support.activision.com.
We take timely action on reports from players about Prohibited Content across our
Online Services (such as usernames, profile photos). For more information on how we
moderate Prohibited Content and review reports from players, see
https://support.activision.com.
4. OWNERSHIP: All title, ownership rights, and intellectual property rights in and
to the Program are owned by Activision, affiliates of Activision, or Activision’s
licensors. The Program is protected by the copyright laws of the United States of
America, international copyright treaties, conventions and other laws. The Program
may contain certain licensed materials, and Activision’s licensors may protect
their rights in the event of any violation of this Agreement. NOTWITHSTANDING
ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO
OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON AN
ACTIVISION SYSTEM (“ACCOUNT”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL
RIGHTS IN AND TO THESE ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE
BENEFIT OF ACTIVISION.

FOR RESIDENTS IN NORTH AMERICA: ACTIVISION MAY SUSPEND, TERMINATE, MODIFY OR DELETE
ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT
NOTICE TO YOU.

5. PATCHES AND UPDATES: Activision may deploy or provide mandatory patches,

updates, and modifications to the Program that must be installed for you to
continue to use the Program in order to, for example, without limitation: (A)
ensure compliance with applicable laws and/or reflect change in relevant laws and
regulatory requirements; (B) perform temporary maintenance, fix bugs, implement
technical adjustments, and make improvements, (C) update or upgrade the Program
including updating the structure, design, or layout of the Program; (D) ensure the
security of the Program; and (E) to combat against illegal and/or harmful
activities and the use of unauthorized programs or other activities which breach
this Agreement. Broadband internet is required for such patches, updates, and
modifications. You are responsible for any and all broadband access and usage fees.

FOR RESIDENTS OUTSIDE THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM: Activision
may update the Program remotely without notifying you, and you hereby grant to
Activision consent to deploy and apply such patches, updates, and modifications.

FOR RESIDENTS IN THE UNITED KINGDOM: Activision may update the Program remotely
without notifying you, provided that any such updates do not result in material
derogation in the functionality of the Program, and you hereby grant to Activision
consent to deploy and apply such patches, updates, and modifications.

FOR RESIDENTS IN THE EUROPEAN ECONOMIC AREA: Unless otherwise required by

applicable laws, Activision may update the Program remotely without notifying you.
If any updates to the Program result in negatively impacting your access or use of
the Program in a more than minor way, we will give you notice of such changes. If
you don’t agree to the changes, you will be able to terminate your Agreement with
us within 30 days from the date of any notice we provide, or 30 days from when the
change comes into effect, whichever is later. You may also be able to receive a
proportionate refund for any Program or Service Provided Content paid for but not
received. Please visit https://support.activision.com/ for more information. If you
do not object to the changes or terminate the Agreement within the stated time
limit, we will take that as your acceptance of the changes. If you are resident in
Germany, the terms in the sub-section ‘Patches and Updates’ in Section 19 will
apply instead of this Section 5.

6. LIMITED HARDWARE WARRANTY (RESIDENTS IN NORTH AMERICA AND AUSTRALIA ONLY):

6(A) Activision warrants to the original consumer purchaser of this Program that
the physical media on which this Program is stored and any physical accessories
(together the “Goods”) will be free from defects in material and workmanship for 90
days from the date of purchase. If the Goods are found defective within 90 days of
original purchase, Activision agrees to replace, free of charge, the applicable
defective Goods within the applicable 90 day period, upon its receipt of the
Program (postage paid, with proof of the date of purchase) so long as the Goods are
still being manufactured by Activision. If the Goods are no longer available,
Activision retains the right to substitute similar goods of equal or greater value.
This warranty is limited to the Goods, 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 HEREIN, THIS WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED.

For residents in North America: For information about warranty replacement, or

other customer service inquires, visit http://support.activision.com.

For residents of Australia: This warranty is provided in addition to other rights

and remedies you may have regarding the Goods provided to you in this game bundle,
under the Australian Consumer Law. The Goods come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a replacement or
refund for a major failure and compensation for any other reasonably foreseeable
loss or damage. You are also entitled to have the Goods repaired or replaced if the
Goods fail to be of acceptable quality and the failure does not amount to a major
failure. Please contact Activision on 1300 748 995 or email
[email protected] or mail PO Box 544 Pyrmont NSW 2009 Australia if you have
an issue with the Goods provided to you in this game bundle. If a replacement or
repair is required Activision will instruct you on the process. As part of the
process you may be asked to send: (1) the physical media (for example,
CD-ROM/DVD/Blu-ray Disc/cartridge (not including manual or case)) in protective
packaging; (2) the accessory; (3) photocopy of your dated sales receipt; (4) your
name and return address typed or clearly printed; (5) a brief note describing the
defect, the problem(s) you are encountering, and the system on which you are
running the software; and (6) the incident number given to you by Customer Support.
You may be required to also send a cheque or money order but if your claim is
determined to be valid you may be entitled to a refund of this amount. Unless
otherwise directed by Customer Support, please send items to be replaced
(registered mail recommended) to Limited Physical Media/Peripheral Warranty
Replacements, Activision Blizzard Australia Pty Ltd, PO Box 544 Pyrmont NSW 2009
Australia. The provisions of the Limitation of Damages clause below apply only to
the extent permitted by the Competition and Consumer Act 2010 (Cth).

6(B). LIMITED HARDWARE WARRANTY (RESIDENTS OF ALL COUNTRIES OTHER THAN NORTH
AMERICA AND AUSTRALIA ONLY): The warranty for the Program is provided in accordance
with your statutory rights as a consumer which will always prevail. For information
about Activision's procedures on replacements of the Program in the European Union
and other countries outside of North America and Australia, or other customer
service inquires please check: http://support.activision.com.

7. LIMITATION OF DAMAGES

7(A) FOR RESIDENTS IN NORTH AMERICA:

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ACTIVISION SHALL NOT BE LIABLE FOR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR
MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR
MALFUNCTION AND DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN ADVISED
OF THE POSSIBILITY OF THESE DAMAGES. ACTIVISION’S LIABILITY SHALL NOT EXCEED THE
ACTUAL PRICE PAID FOR THE LICENSE TO USE THE PROGRAM. SOME STATES/COUNTRIES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR
LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.

7(B) FOR RESIDENTS OUTSIDE NORTH AMERICA:

NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ACTIVISION'S LIABILITY TO YOU:

▪ FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;

▪ FOR FRAUDULENT MISREPRESENTATION; OR

▪ FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER THE LAWS OF THE JURISDICTION
WHERE YOU RESIDE, BE LIMITED OR EXCLUDED.

SUBJECT TO THIS, IN NO EVENT SHALL ACTIVISION BE LIABLE TO YOU FOR ANY BUSINESS
LOSSES AND ANY LIABILITY ACTIVISION DOES HAVE FOR LOSSES YOU SUFFER IS STRICTLY
LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND SHALL NOT, IN AGGREGATE,
EXCEED THE GREATER OF THE FOLLOWING: THE TOTAL PRICE PAID BY YOU FOR THE PROGRAM
(PLUS ANY PAID-FOR SERVICE PROVIDED CONTENT) OVER THE PREVIOUS 12-MONTHS FROM THE
DATE ON WHICH THE LIABILITY ARISES; OR THE SUM OF GBP£500 OR EQUIVALENT AMOUNT
UNDER THE CURRENT FOREIGN EXCHANGE RATE.

8. TERMINATION:

1. FOR RESIDENTS OF NORTH AMERICA: Without prejudice to any other rights of

Activision, if you fail to comply with the terms and conditions of this Agreement
and subject to the severity of your breach, Activision, at its discretion, may
limit your use of the Program or terminate this Agreement. The applicable Program’s
Security and Enforcement Policy available at support.activision.com sets out more
in detail the actions you may not perform and the types of limitations Activision
may impose if you misuse the Program. In the event Activision elects to terminate
this Agreement as a sanction for misuse, you must destroy all copies of the 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.

2. FOR RESIDENTS OUTSIDE OF NORTH AMERICA:

a. ACTIVISION MAY TERMINATE THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AND/OR
SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT AT ANY TIME WITHOUT GIVING YOU ANY PRIOR
NOTICE IF YOU SERIOUSLY VIOLATE THIS AGREEMENT. SERIOUS VIOLATIONS ARE VIOLATIONS
OF IMPORTANT PROVISIONS WHICH INCLUDE SECTION 3, 11(A) AND 11(D) OF THIS AGREEMENT,
REPEATED VIOLATIONS OF OTHER PROVISIONS OF THIS AGREEMENT (INCLUDING FURTHER NON-
COMPLIANCE WHERE YOU HAVE ALREADY RECEIVED A PRIOR WARNING), OR AS OTHERWISE
DETAILED IN THE APPLICABLE PROGRAM’S SECURITY AND ENFORCEMENT POLICY AVAILABLE AT
support.activision.com. IF YOU THINK THAT SUCH DECISION WAS TAKEN WRONGLY, YOU CAN
CONTACT ACTIVISION AT support.activision.com. IF ACTIVISION CANNOT RESOLVE YOUR
COMPLAINT AND YOU ARE A RESIDENT OF THE EUROPEAN UNION, YOU CAN USE THE ONLINE
DISPUTE RESOLUTION PLATFORM SET UP BY THE EUROPEAN COMMISSION WHICH YOU CAN ACCESS
AT http://ec.europa.eu/odr.

b. ACTIVISION MAY ALSO TERMINATE THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT
AND/OR SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT IF IT HAS ANOTHER VALID REASON TO DO
SO (FOR EXAMPLE, CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED
NUMBER OF USERS CONTINUING TO MAKE USE OF THE SERVICE OVER TIME) OR WITHOUT REASON
BY GIVING YOU A REASONABLE PRIOR NOTICE. If you are resident in Germany, the terms
in Section 19 will apply to you instead of Section 2(a) and (b).

c. IF ACTIVISION TERMINATES THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AND/OR
SUSPENDS OR DELETED YOUR ACCOUNT, THIS MEANS THAT YOUR ACCESS TO AND RIGHT TO USE
THE PROGRAM WILL BE REVOKED.

3. FOR RESIDENTS IN THE EUROPEAN ECONOMIC AREA:

a. In addition to Section 2(a) and (b) above, with the exception of Agreements
relating to (1) Service Provided Content or (2) Programs which do not involve
aspects of online-based gameplay, if you are resident in a country in the European
Economic Area, you have a legal right to cancel your Agreement with us within the
time limits set out in applicable consumer laws. Instructions on how to exercise
this right are set out at the end of this Agreement in Appendix 1 (Section A:
‘Information concerning the exercise of the right of withdrawal’).

4. The following provisions shall survive termination of this agreement: LICENSE

CONDITIONS (SECTION 3), OWNERSHIP (SECTION 4), LIMITED HARDWARE WARRANTY (SECTIONS
6A AND 6B), LIMITATION OF DAMAGES (SECTIONS 7A AND 7B), TERMINATION (SECTION 8),
INDEMNITY (SECTION 10), SERVICE PROVIDED CONTENT (SECTION 11), AVAILABILITY
(SECTION 12), ACCESS (SECTION 13), BINDING ARBITRATION AND CLASS ACTION WAIVER
(SECTION 16), JURISDICTION AND APPLICABLE LAW (SECTION 17), AND MISCELLANEOUS
(SECTION 18).

9. For residents in North America-- U.S. GOVERNMENT RESTRICTED RIGHTS: The Program
has 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., 2701 Olympic Blvd., Building B, Santa Monica, California 90404.

10. For residents in North America-- INDEMNITY: To the fullest extent allowed by
applicable law, you agree to indemnify, defend, and hold Activision, its 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.

11. SERVICE PROVIDED CONTENT: “Service Provided Content" consists of all virtual
materials, information and content provided to you (e.g., unlockable content,
accounts, stats, virtual assets, virtual currencies, codes, achievements, virtual
rewards, credits, access, shows, tokens, coins, power-ups, and customizations) in
connection with your use of the Program, including the Online Services, which you
need to "earn," "grind," "buy," and/or "purchase" in order to obtain additional
content.

While the Program may allow you to “earn,” “grind,” "buy," or "purchase" Service
Provided Content within or in connection with gameplay, you do not in fact own or
have any property interest in the Service Provided Content and the price of any
Service Provided Content does not refer to any credit balance of real currency or
its equivalent. Unless otherwise specified in writing, any Service Provided Content
that you receive is licensed to you as set forth herein, and you shall have no
ownership right thereto in any Service Provided Content.

a. You may not, sell, lend, rent, trade, or otherwise transfer any Service Provided
Content, except for other Service Provided Content where applicable. Any sale of
Service Provided Content, including, but not limited to, virtual currency for
“real” money or exchange of those items or virtual currency for value outside of
the Program is prohibited.

b. Service Provided Content may be altered, removed, deleted, or discontinued by

Activision (e.g., upon termination of this Agreement and/or cessation of online
support for the Program as set out in Section 8) even if you have not “used” or
“consumed” the Service Provided Content prior to alteration, removal, deletion, or
discontinuation. Without limiting the above, Service Provided Content may include
virtual coins, points or other virtual currencies (“Virtual Currency”).

c. By purchasing or otherwise acquiring Virtual Currency, you obtain a limited

license (which is revocable by Activision at any time unless otherwise required by
applicable laws and, for residents outside North America only, in accordance with
Section 8) to access and select from other Service Provided Content. Virtual
Currency has no monetary value and does not constitute currency or property of any
type. Virtual Currency may be redeemed for other Service Provided Content only, if
at all. Subject to applicable local law, Virtual Currency is non-refundable and you
are not entitled to a refund or any other compensation such as Service Provided
Content for any unused Virtual Currency. Any unused Virtual Currency is non-
exchangeable. Activision may revise the pricing for the Service Provided Content
and Virtual Currency offered through the Program at any time. Activision may limit
the total amount of Service Provided Content or Virtual Currency that may be
purchased at any one time, and/or limit the total amount of Service Provided
Content or Virtual Currency that may be held in your account in the aggregate.

d. You are only allowed to purchase Service Provided Content or Virtual Currency
from Activision or our authorized partners through the Program, and not in any
other way.

e. Activision reserves the right to refuse your request(s) to acquire Service

Provided Content and/or Virtual Currency. You agree that you will be solely
responsible for paying any applicable taxes related to the acquisition of, use of
or access to Service Provided Content and/or Virtual Currency.
f. There may be Service Provided Content (should you choose to purchase it) which
will require you to make a payment with real money, the amount of which will be set
out in the Program. All Service Provided Content will be made available immediately
when you purchase it with real money and you acknowledge that this is the case and
that you will have no right to change your mind and cancel (sometimes known as a
'cooling off' right) once your purchase is complete. Depending on your platform,
any Service Provided Content purchased, will be purchased from your platform
provider and such purchase will be subject to their respective Terms of Service and
User Agreement. Please check usage rights for each purchase as these may differ
from item to item. Unless otherwise shown, content available in any in-game store
has the same age rating as the game.

12. AVAILABILITY:

12(A) For residents in North America: Activision does not guarantee that any online
services, play or features associated with the Program (collectively, “Online
Services”) or Service Provided Content will be available at all times or at any
given time or that Activision will continue to offer Online Services or Service
Provided Content for any particular length of time. Activision may change and
update Online Services or Service Provided Content without notice to you.
Activision makes no warranty or representation regarding the availability of Online
Services and reserves the right to modify or discontinue Online Services in its
sole discretion without notice, including for example, ceasing an Online Service
for economic reasons due to a limited number of users continuing to make use of the
Online Service over time. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE
AND AGREE THAT ONLINE SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT
ACTIVISION’S SOLE DISCRETION WITHOUT NOTICE TO YOU, AND IN CONNECTION WITH ONLINE
SERVICES’ TERMINATION, ANY AND ALL SERVICE PROVIDED CONTENT LICENSED TO YOU MAY BE
TERMINATED. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF
ONLINE SERVICES AND ANY LOSS OF SERVICE PROVIDED CONTENT OR OTHERWISE.

12(B) For residents outside North America: Subject to the next sentence and without
prejudice to your applicable statutory warranties, Activision does not guarantee
that the Program, any Online Services or Service Provided Content will be available
or error-free at all times or at any given time. Activision warrants that the
Program, in addition to any Online Services and Service Provided Content which has
been paid-for with real money, will substantially comply with the description
provided by it at the point of purchase and be of satisfactory quality (in addition
any related services provided through them will be provided with reasonable care
and skill). Unless it would put Activision in breach of its statutory conformity
warranties, Activision reserves the right to modify or discontinue the Program,
Online Services or Service Provided Content in its sole discretion upon reasonable
notice to you, including for example, ceasing Online Services for economic reasons
due to a limited number of users continuing to make use of them over time.
Activision may change and update (or require you to update) the Program, Online
Services or Service Provided Content without notice to you to implement minor
technical adjustment and improvements (for example, to address a security threat or
fix bugs); perform temporary maintenance and make improvements, including altering
the structure, design, or layout of the Program, Online Services or Service
Provided Content; to combat against illegal and/or harmful activities and the use
of unauthorized programs or other activities which breach this Agreement; and/or to
reflect changes in relevant laws and regulatory requirements, provided always that
any such changes do not result in a more than minor negative impact in your access
to and the functionality of the Program, Online Services or any Service Provided
Content which has been paid-for with real money). Activision may also make other
changes to the Program, Online Services or Service Provided Content by giving you a
reasonable prior notice. If such changes are not acceptable to you, you may contact
Activision to terminate your Agreement with us before the changes take effect and
discuss refund options for any service or content paid for but not received. Unless
applicable law states otherwise, Activision is not liable or responsible for any
failure to perform, or delay in performance of, any of its obligations that is
caused by events outside its reasonable control. If such circumstances result in a
more than minor negative impact in the functionality of the Program or Service
Provided Content then your obligation to make any payment to download, use or
access them will be suspended for the duration of such period. The warranty for
Online Services and/or Service Provided Content which are paid for with real money
is provided in accordance with your statutory rights as a consumer which will
always prevail. Please see Section 7 in respect of Activision's limitation on
damages, but nothing in this paragraph shall affect your statutory rights.

For residents in the European Economic Area: In addition to the above Section
12(B), your local laws may also provide you with a legal guarantee that the Program
will be in legal conformity at the time of supply and during the life of this
Agreement with you. Under this legal guarantee, we will be liable for lack of
conformity of the Program and you may have a right under your local laws to: (A)
have the Program brought back into conformity; or (B) a proportionate refund and/or
termination of the Agreement. Please visit https://support.activision.com/ for
further information. If you are resident in France, the terms in Appendix 1
(section C) apply to the statutory guarantees of the Program.

13. ACCESS: YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE
THE PROGRAM AND SERVICES. You acknowledge and agree that you will provide at your
own cost and expense the equipment, Internet, or other connection charges required
to access and use the Program. Activision makes no warranty that the Program can be
accessed or used on all systems, controllers, or devices, by means of any specific
Internet or other connection provider, or in all territories. For more information
on which systems and platforms are compatible with the Program, please see the
Program’s product page on your retailer’s website. The Program may integrate, be
integrated into, or be provided in connection with third-party services and
content. Activision does not control those third-party services and content. You
should read the terms of use agreements and privacy policies that apply to such
third-party services and content.

14. USER GENERATED CONTENT: The Program may include means by which you and other
users may share user generated content (“UGC”). To the fullest extent permitted by
applicable law, by submitting any UGC you automatically grant (or represent and
warrant that the owner of such rights has expressly granted) Activision a
perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, sub-license, create derivative
works from and distribute such UGC or incorporate such UGC content into any form,
medium, or technology now known or later developed throughout the universe, and
agree that Activision shall be entitled to unrestricted use of the UGC for any
purpose whatsoever, commercial or otherwise, without compensation (but subject to
applicable local legislation), notice or attribution. You waive and agree not to
assert against Activision or any of its partners, affiliates, subsidiaries or
licensees, any moral or similar rights you may have in any of your UGC. If you are
resident in the European Economic Area, nothing in this section 14 is intended to
affect your statutory rights regarding our use of UGC on the termination of your
Agreement with us. To the extent the Program permits other users to access and use
your UGC, you also grant such users the right to use, copy, modify, display,
perform, create derivative works from, and otherwise communicate and distribute
your UGC on or through the Program without further notice, attribution or
compensation to you. You may only upload your own UGC to the Program; do not upload
anyone else’s UGC. Activision reserves the right (but has no obligation) to remove,
block, edit, move, or disable UGC for any reason in Activision’s sole discretion.
Activision is not responsible for, and does not endorse or guarantee, the opinions,
views, advice or recommendations posted or sent by other users.
For residents of all countries outside North America: Users of the Program create,
upload, download and use UGC at their own risk. If you upload or make available to
other users your UGC via our Program, we do not control, monitor, endorse or own
your UGC, and you are commissioning us to host and make available such UGC subject
to the above license.

Complaints about the content of any UGC must be sent to [email protected]

and must contain details of the specific UGC giving rise to the complaint.

15. For residents in North America-- COPYRIGHT NOTICE:

If you believe that any content appearing in the Program and/or UGC has been copied
in a way that constitutes copyright infringement, please forward the following
information to the copyright agent named below. Your copyright infringement
notification must comply with the Digital Millennium Copyright Act ("DMCA"). You
are encouraged to review 17 U.S.C. § 512(c)(3) or consult with an attorney prior to
sending a notice hereunder. To file a copyright infringement notice, you will need
to send a written communication that includes the following to the address listed
below: (a) your name, address, telephone number, and email address; (b) a
description of the copyrighted work that you claim has been infringed; (c) the
exact URL or a description of where the alleged infringing material is located; (d)
a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (e) an electronic or
physical signature of the person authorized to act on behalf of the owner of the
copyright interest; and (f) a statement by you, under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.

Copyright Agent
Activision Publishing, Inc.
2701 Olympic Blvd., Building B
Santa Monica, California 90404
Attn: Activision Business and Legal Affairs
Fax: (310) 255-2152
E-Mail: [email protected]

Please note that the DMCA provides that you may be liable for damages (including
costs and attorney fees) if you knowingly misrepresent that material or activity is
infringing. Please also note that the information provided in your copyright
infringement notice may be provided to the person responsible for the allegedly
infringing material.

16. For residents in North America-- BINDING ARBITRATION AND CLASS ACTION WAIVER:

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,
INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A
CLASS OR REPRESENTATIVE CAPACITY.

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you
are domiciled in and/or acquired and use the Program in the United States. In the
United States, this Agreement is governed by the Federal Arbitration Act (“FAA”)
and federal arbitration law. These provisions may also apply to you if you are
domiciled in and/or acquired and use the Program from outside the United States.
See JURISDICTION AND APPLICABLE LAW below for details.

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you
are domiciled in and/or acquired and use the Program in the United States. In the
United States, this Agreement is governed by the Federal Arbitration Act (“FAA”)
and federal arbitration law. These provisions may also apply to you if you are
domiciled in and/or acquired and use the Program from outside the United States.
See JURISDICTION AND APPLICABLE LAW below for details.

To the fullest extent allowed by applicable law, you and Activision agree to submit
all Disputes between us to individual, binding arbitration pursuant to the
provisions in this Section 16. A “Dispute” means any dispute, claim, or controversy
(except those specifically exempted below) between you and Activision that in any
way relates to or arises from any aspect of our relationship, including, without
limitation, your use or attempted use of the Program, all marketing related to the
Program and/or Virtual Currency, any licensed content, and all matters relating to
or arising from this Agreement (including Activision’s Privacy Policy and all other
terms incorporated into this Agreement) or any other agreement between you and
Activision, including any disputes over the validity or enforceability of this
agreement to arbitrate. A Dispute shall be subject to these BINDING ARBITRATION AND
CLASS ACTION WAIVER provisions regardless of whether it is based in contract,
statute, regulation, ordinance, tort (including fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or equitable theory. This
includes claims or requests for relief that accrued before you entered into this
Agreement. You understand that there is no judge or jury in arbitration and that
court review of an arbitration award is limited.

Initial Dispute Resolution: Activision's Customer Support department is available

at https://support.activision.com/ to address any concerns you may have regarding
the Program. Most concerns are quickly resolved in this manner to our customers'
satisfaction. In an effort to accelerate resolution and reduce the cost of any
Dispute between us, you and Activision agree to first attempt to negotiate any
Dispute informally for at least thirty (30) days before either party initiates any
arbitration or court proceeding (the “Initial Dispute Resolution Period”). That
period begins upon receipt of written notice from the party raising the Dispute. If
Activision has a Dispute with you, it will send notice of that Dispute to your
billing address and email address you have provided to us. If you have a Dispute
with Activision, you must notify us in writing at the following email address:
[email protected], using the subject line “Initial Dispute Resolution
Notice.” Your notice of Dispute must be individual to you and must include your
name, the screen name and/or email address associated with your player account, and
your residential address. The notice of Dispute also must describe the Dispute,
explain the facts of the Dispute as you understand them, and tell Activision what
you want us to do to resolve the problem. The parties shall use their best efforts
to settle any Dispute directly through consultation and good faith negotiations,
and you agree that a notice of Dispute containing all of the information required
above, followed by at least 30 days of good faith negotiation, are preconditions to
either party initiating a lawsuit or arbitration. A notice of Dispute will not be
valid, will not start the Initial Dispute Resolution Period, and will not allow you
or Activision later to initiate a lawsuit or arbitration, unless it contains all of
the information required by this paragraph. If either of us commences an
arbitration without having previously provided a valid and compliant notice of
Dispute, you and Activision agree that the applicable arbitration provider (or the
arbitrator, if one has been appointed) must suspend the arbitration until the party
that initiated it complies with the Initial Dispute Resolution Period. You and
Activision authorize the arbitration provider or the arbitrator to decide summarily
whether the party that commenced an arbitration complied with the Initial Dispute
Resolution Period requirement, relying solely on this Agreement and the notice of
Dispute (if any) that you or Activision provided before commencing arbitration.

Binding Arbitration: If a Dispute cannot be resolved through negotiations during

the Initial Dispute Resolution Period, then either party may initiate binding
arbitration as the sole means to formally resolve the Dispute, unless an exception
applies as stated below. Except in the event of a Mass Arbitration (as defined
below), the arbitration will be administered by JAMS in accordance with the JAMS
Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the
date of the Notice of Dispute, which are available at the JAMS website,
http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this
Agreement. If, for any reason, JAMS is unable to provide the arbitration, then
except as otherwise stated below, you may file your Dispute with any national
arbitration company that handles consumer arbitrations following procedures that
are substantially similar to the JAMS Rules.

Arbitration hearings may be conducted by videoconference unless the arbitrator

believes an in-person hearing is necessary. In such instances, the location of an
arbitration hearing will be decided pursuant to the JAMS Rules. For residents
outside the United States, arbitration shall be initiated in Los Angeles County,
California, and you and Activision agree to submit to the personal jurisdiction of
any federal or state court in Los Angeles County, California, in order to compel
arbitration, to stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator will make a decision in writing but need not provide a statement of
reasons unless requested by a party. The arbitrator must follow applicable law. The
decision of the arbitrator shall be final and binding on you and Activision, and
any award of the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator shall determine the scope and enforceability of this arbitration
agreement, including whether a Dispute is subject to arbitration. The arbitrator
has authority to decide all issues of validity, enforceability or arbitrability,
including, but not limited to, where a party raises as a defense to arbitration
that the claims in question are exempted from the arbitration requirement or that
any portion of this agreement is not enforceable.

If a lawsuit filed in court includes claims or requests for relief that are
arbitrable and claims or requests for relief that are not, you and Activision agree
that any non-arbitrable claims or requests for relief shall be stayed pending the
completion of the arbitration of the arbitrable claims or requests for relief.

Class Action Waiver: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND
ACTIVISION AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN
AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS
ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does
not permit waiver of private attorney general claims, but permits them to be
arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall
be empowered to grant whatever relief would be available in a court under law or in
equity.

If any provision in Section 16 of this Agreement is found to be unenforceable, that

provision shall be severed with the remainder of this Agreement remaining in full
force and effect. The foregoing shall not apply to the prohibition against class or
collective actions as provided for above. This means that if the prohibition
against class or collective actions is found to be unenforceable for any reason,
the entire Section 16 of this Agreement (but only Section 16) shall be null and
void.

Exception - Litigation of Intellectual Property and Small Claims Court Claims:

Notwithstanding the parties' decision to resolve all disputes through arbitration,
either party may bring an action in state or federal court that only asserts claims
for patent infringement or invalidity, copyright infringement, moral rights
violations, trademark infringement, and/or trade secret misappropriation, but not,
for clarity, claims related to the license granted to you for the Program under
this Agreement. Such claims are subject to the jurisdiction and applicable law
provisions in Section 17.
Either party may also seek relief in a small claims court for any individual
disputes or claims within the scope of that court's jurisdiction. If an arbitration
is filed, before the arbitrator is formally appointed either party can send written
notice to the opposing party and the applicable arbitration provider that it wants
the case decided by a small claims court, after which the arbitration provider may
close the case.

Exception – Mass Arbitration Before FedArb: Notwithstanding the parties’ decision

to have arbitrations administered by JAMS, if 20 or more demands for arbitration
are filed relating to the same or similar subject matter and sharing common issues
of law or fact, and counsel for the parties submitting the demands are the same or
coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a
Mass Arbitration is commenced, you and we agree that it shall not be governed by
JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be
administered by FedArb, a nationally recognized arbitration provider, and governed
by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any
rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under
the rules set forth in this Agreement. The FedArb Rules are available at
https://www.fedarb.com/ or by calling 1-650-328-9500. You and we agree that the
Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration
Proceedings ADR-MDL, available at https://www.fedarb.com/. Before any Mass
Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to
advise that the parties intend to use FedArb’s Framework for Mass Arbitration
Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration shall
be submitted on FedArb’s claim form(s) and as directed by FedArb. You and
Activision agree that if either party fails or refuses to commence the Mass
Arbitration before FedArb rather than JAMS, you or Activision may seek an order
from JAMS compelling compliance and directing administration of the Mass
Arbitration before FedArb. Pending resolution of any such requests, you and we
agree that all arbitrations comprising the Mass Arbitration (and any obligation to
pay arbitration fees) shall be stayed.

30 Day Right to Opt Out: You have the right to opt-out and not be bound by the
arbitration agreement and class action waiver provisions in this Section 16 by
sending written notice of your decision to opt-out to the following email address:
[email protected], using the subject line “Arbitration Opt-Out.” The
notice must be sent within 30 days of purchasing the Program (or if no purchase was
made, then within 30 days of the date on which you first access or use the Program
and agree to these terms); otherwise you shall be bound to arbitrate disputes in
accordance with the terms of this Section 16. If you opt-out of these arbitration
provisions, Activision also will not be bound by them.

17. JURISDICTION, APPLICABLE LAW AND CONTRACTING PARTIES

The Program is made available subject to the terms of this Agreement. If you
acquired and use the Program from:

A. For residents in the United States, Mexico, or Canada, then any claims or
requests for relief arising out of this Agreement (including interpretation, claims
for breach, and all other claims or requests for relief (including consumer
protection, unfair competition, and tort claims)) will be subject to the laws of
the State of Delaware, without reference to conflict of laws principles. If any
court or arbitrator determines that the “Class Action Waiver” paragraph set forth
above is void or unenforceable for any reason or that an arbitration can proceed on
a class basis, then any and all claims arising out of this Agreement (including
interpretation, claims for breach, and all other claims or requests for relief
(including consumer protection, unfair competition, and tort claims)) shall be
decided under the laws of the state where you were a citizen at the time you
obtained or bought the Program that was subject to this Agreement. In addition, you
and we irrevocably consent to the exclusive jurisdiction and venue of state or
federal courts in Los Angeles County, California to resolve any claims or requests
for relief that are subject to exceptions to the arbitration agreement described in
BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to
be arbitrable. Nothing in this paragraph shall preclude you or Activision from
removing to federal court a case originally filed in state court, if federal court
jurisdiction exists. To the fullest extent permitted by law, any claim or request
for relief in a demand for arbitration filed pursuant to Section 16 of this
Agreement, as well as any claim or request for relief in a lawsuit filed in court
under an exception to the arbitration agreement in Section 16, shall be barred if
filed more than two (2) years after the date that the claim or request for relief
accrued.

B. For residents in the European Union and United Kingdom, then the laws of England
and Wales govern the interpretation of this Agreement and apply to claims for
breach of it, without reference to conflict of laws principles. All other claims,
including claims regarding consumer protection laws, unfair competition laws, and
in tort, will be subject to the laws of the country (e.g., the United Kingdom, the
French Republic, or the Federal Republic of Germany) in which you acquired and use
the Program. In addition, with respect to jurisdiction, you may choose either the
courts of the country (e.g., the United Kingdom, the French Republic, or the
Federal Republic of Germany) in which you acquired and use the Program, or in the
alternative the courts of England and Wales or other court as applicable under the
Brussels Regulation EC 44/2001

C. For residents in Australia or Japan, then the laws of Australia govern the
interpretation of this Agreement and apply to claims for breach of it, without
reference to conflict of laws principles. All other claims, including claims
regarding consumer protection laws, unfair competition laws, and in tort, will be
subject to the laws of the country in which you acquired and use the Program (being
either Australia or Japan). To the extent permitted by applicable law, you agree to
the jurisdiction of the courts of New South Wales, Australia.

D. For residents in the Rest of the World, if you acquired and use this Program
from countries other than those listed in sections A, B and C above, then you do so
on your own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable, and you expressly indemnify and hold
harmless Activision from any and all claims, loss, injury, damage, or costs arising
from your use of the Program to the extent permitted by applicable law. No warranty
or representation is made by Activision that the Program or any use of the Program
outside of the countries listed in sections A, B and C above complies with any
applicable local law. Further your use of the Program and all claims arising out of
or related to the Program or this Agreement will, to the extent permitted under
applicable law, be subject to the laws of England and Wales, without reference to
conflict of laws principles and you consent to the jurisdiction of the courts of
England and Wales.

To the extent permitted by applicable law, you and Activision agree to waive rights
to a trial by jury.

E. Contracting Parties

For residents in the United States, Mexico, or Canada, you are contracting with
Activision Publishing, Inc., 2701 Olympic Blvd., Building B, Santa Monica,
California 90404.

For residents in EMEA (Europe including United Kingdom, Middle East and Africa,
Russia), you are contracting with Activision Blizzard UK Ltd, The Ampersand
Building, 178 Wardour Street, London, United Kingdom, W1F 8FY

For residents in LATAM (excluding Mexico), when using the Program on:

- the Battle.net platform as well as any Nintendo platforms, you are contracting
with Activision Publishing, Inc. of 2701 Olympic Blvd., Building B, Santa Monica,
California 90404

- any other platforms (including Sony and Microsoft Xbox console platforms or
through a mobile device), you are contracting with Activision Blizzard
International LLC of 2701 Olympic Blvd., Building B, Santa Monica, California 90404

For residents in Korea, when using the Program on:

- a mobile device downloadable from Google Play Store and iOS App Store you are
contracting with Activision Blizzard International, LLC of 2701 Olympic Blvd,
Building B, Santa Monica, 90404

- any other platforms, you are contracting with Blizzard Entertainment Limited of
15F, Parnas Tower, 521, Teheran-ro, Gangnam-gu, Seoul, Korea

For residents in APAC (excluding Korea), when using the Program on:

- the Battle.net platform as well as any Sony and/or Nintendo platforms, you are
contracting with Activision Publishing, Inc. of 2701 Olympic Blvd., Building B,
Santa Monica, California 90404

- a mobile device (except in the following territories which are excluded: Hong
Kong, Macau, and Taiwan, South Korea, Vietnam, Thailand, Malaysia, Indonesia,
Philippines, Singapore, Laos, Brunei, Myanmar, Cambodia, and East Timor) you are
contracting with Activision Blizzard International LLC of 2701 Olympic Blvd.,
Building B, Santa Monica, California 90404

- any other platforms (including Microsoft Xbox console platforms), you are
contracting with Activision Blizzard International LLC of 2701 Olympic Blvd.,
Building B, Santa Monica, California 90404.

To the fullest extent permitted by applicable law, if any user outside of the
United States is entitled to commence and/or participate in legal proceedings
within the United States, then that user agrees to be bound by the BINDING
ARBITRATION AND CLASS ACTION WAIVER provisions above.

18. 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, the
applicable provision shall be reformed only to the extent necessary to make it
enforceable and the remaining provisions of this Agreement shall not be affected,
except as otherwise expressly provided herein.

19. SUPPLEMENTAL TERMS – GERMANY

The following Sections below supersede and replace the corresponding Sections above
for residents in Germany:

Patches and Updates: Activision may, if the change is solely for your benefit or if
another valid reason exists, deploy or provide mandatory patches, updates, and
modifications to the Program that must be installed for you to continue to use the
Program. A valid reason includes, for example, to: (A) ensure compliance with
applicable laws and/or reflect change in relevant laws and regulatory requirements;
(B) perform temporary maintenance, fix bugs, implement technical adjustments, and
make improvements, (C) update or upgrade the Program including updating the
structure, design, or layout of the Program; (D) ensure the security of the
Program; and (E) to combat against illegal and/or harmful activities and the use of
unauthorized programs or other activities which breach this Agreement. Broadband
internet is required for such patches, updates, and modifications. You are
responsible for any and all broadband access and usage fees. We will not be liable
for any malfunction or error to the Program or Service Provided Content caused by
your failure to install an update where we have informed you of the consequences of
not installing the update. If any updates to the Program result in negatively
impacting your access or use of the Program in a more than minor way, we will give
you at least six weeks’ notice, and you will have 30 days from our notice of the
change or from when the change comes into effect (whichever is later) to reject the
changes and terminate the Agreement. You may also be able to receive a
proportionate refund for any Program or Service Provided Content paid for but not
received. Please visit https://support.activision.com/ for more information. If you
do not reject these changes or terminate the Agreement within the stated time
limit, we will take that as your acceptance of the changes.

Modification of Terms: From time to time, Activision may need to amend this
Agreement if there is a good reason for the change and the changes reasonably take
into account the interests of both parties, for example to reflect or include new
products or services, to enhance security for users or because of changes in the
law, but we will not modify the terms to change our main obligations to you. If
Activision makes a change to this Agreement, we will inform you of the particular
changes in advance of the changes coming into force, and you will have at least six
weeks (starting from our notice to you) to indicate whether you accept the amended
Agreement. You shall be deemed to have accepted these changes (i) unless you have
notified us of your objection to such changes within the stated six weeks, or (ii)
if you use the Program after the changes have entered into force. In the
notification, we will inform you of your right to object, of the applicable notice
period and the legal consequences of a failure to object.

The latest version of this Agreement will always be available on our website, so we
recommend that you check for updates to this Agreement each time you use the
Program. Changes to the Agreement shall not affect your accrued rights, shall not
substantially disrupt the contractual balance between you and us under this
Agreement and shall not have retroactive effect.

The following Section below supersedes and replaces sub-sections 2 and 3 of Section
8 (‘Termination’):

Termination:

2. ACTIVISION MAY TERMINATE THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AND/OR
SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT IF YOU SERIOUSLY VIOLATE THIS AGREEMENT. WE
WILL NOTIFY YOU IN ADVANCE IF WE DECIDE TO TERMINATE OR SUSPEND THE LICENSE, UNLESS
WE ARE TERMINATING OR SUSPENDING IT TO COMPLY WITH A LEGAL OBLIGATION WHICH DOES
NOT INCLUDE A PRIOR NOTICE OBLIGATION OR THIS IS NOT POSSIBLE DUE TO THE OBLIGATION
TO TAKE IMMEDIATE ACTION. WE WILL RESTORE THIS LICENSE IF WE HAVE GOOD CAUSE TO
BELIEVE OUR ACTIONS WERE NOT SUFFICIENTLY JUSTIFIED. SERIOUS VIOLATIONS ARE
VIOLATIONS OF IMPORTANT PROVISIONS WHICH INCLUDE SECTION 3, 11(A) AND 11(D) OF THIS
AGREEMENT, REPEATED VIOLATIONS OF OTHER PROVISIONS OF THIS AGREEMENT (INCLUDING
FURTHER NON-COMPLIANCE WHERE YOU HAVE ALREADY RECEIVED A PRIOR WARNING), OR AS
OTHERWISE DETAILED IN THE APPLICABLE PROGRAM’S SECURITY AND ENFORCEMENT POLICY
AVAILABLE AT support.activision.com. IF YOU THINK THAT SUCH DECISION WAS TAKEN
WRONGLY, YOU CAN CONTACT ACTIVISION AT support.activision.com.

ACTIVISION MAY ALSO TERMINATE THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT
AND/OR SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT IF IT HAS ANOTHER VALID REASON TO DO
SO (FOR EXAMPLE, CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED
NUMBER OF USERS CONTINUING TO MAKE USE OF THE SERVICE OVER TIME) OR WITHOUT REASON
BY GIVING YOU A REASONABLE PRIOR NOTICE.

IF ACTIVISION TERMINATES THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AND/OR
SUSPENDS OR DELETED YOUR ACCOUNT, THIS MEANS THAT YOUR ACCESS TO AND RIGHT TO USE
THE PROGRAM WILL BE REVOKED.

3. With the exception of Agreements relating to (1) Service Provided Content or (2)
Programs which do not involve aspects of online-based gameplay, if you are a
resident in a country in the European Economic Area, you have a legal right to
cancel your Agreement with us within the time limits set out in applicable consumer
laws. Instructions on how to exercise this right are set out at the end of this
Agreement in Appendix 1 (Section A: ‘Information concerning the exercise of the
right of withdrawal’).

Appendix 1:

A. Information concerning the exercise of the Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this Agreement within 14 calendar days without
giving any reason.

The withdrawal period will expire after 14 calendar days from the day of the
conclusion of the Agreement.

To exercise the right of withdrawal, you must inform us (Legal Team, Activision
Blizzard UK Ltd of The Ampersand Building, 178 Wardour Street, London, W1F 8FY,
United Kingdom or via www.support.activision.com) of your decision to withdraw from
the Agreement by an unequivocal statement (e.g. a letter sent by post, or e-mail).
You may use the model withdrawal form attached hereafter, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your
communication concerning your exercise of the right of withdrawal before the
withdrawal period has expired.

Effects of withdrawal

If you withdraw from the Agreement, we shall reimburse to you all payments received
from you under this Agreement, including the costs of delivery if applicable (with
the exception of the supplementary costs resulting from your choice of a type of
delivery other than the least expensive type of standard delivery offered by us),
without undue delay and in any event not later than 14 calendar days from the day
on which we are informed about your decision to withdraw from this Agreement. We
will carry out such reimbursement using the same means of payment as you used for
the initial transaction, unless you have expressly agreed otherwise; in any event,
you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services under an Agreement during the
withdrawal period, you shall pay us an amount which is in proportion to what has
been provided until you have communicated to us your withdrawal from that
Agreement, in comparison with the full coverage of these services under the
Agreement.

You lose your right of withdrawal, insofar as the Agreement is a service contract,
after the service has been fully performed and if the performance has begun with
your prior express consent, and with the acknowledgement that you will lose your
right of withdrawal once the service has been fully performed by us.

You lose your right of withdrawal insofar as the Agreement comprises the supply of
digital content which is not supplied on a tangible medium if the performance has
begun with your prior express consent and your acknowledgment that you thereby lose
your right of withdrawal.

Based on the above, you understand that by purchasing Service Provided Content, you
consent that we make available these Service Provided Content to you directly after
we have accepted your order. You will lose your right of withdrawal once the
Service Provided Content has been made fully available to you by us. However, your
right of withdrawal is not lost if you purchase Virtual Goods that are granted to
you for a certain period of time (e.g. time-limited premium memberships).

B. Model withdrawal Form

(Complete and return this form only if you wish to withdraw from this Agreement. We
also strongly recommend that you submit this form to the retailer or platform
partner (with the relevant information about them filled out below) who you
purchased the Product from in order to withdraw from the Agreement.)

To Legal Team, Activision Blizzard UK Ltd of The Ampersand Building, 178 Wardour
Street, London, W1F 8FY, United Kingdom:

I/We hereby give notice that I/We withdraw from my/our contract for the purchase of
the following goods/ the provision of the following services:*

- Ordered/ received on*:

- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s): (only required if this form is notified on paper)
- Date:

(*) Delete where appropriate.

C. Statutory guarantees under French law for residents in France regarding the
Product

French law grants you as consumers the following statutory rights and guarantees in
relation to the Product. Activision will therefore offer you the protection granted
by law under the legal warranty of conformity provided by articles L. 224-25-12 to
L. 224-25-26 of the French Consumer Code. Activision is liable for supplying
digital contents and services that comply with the Agreement and with the objective
and subjective criteria set out by the law. Regarding one-off supply, Activision is
accountable for any non-conformity that exists at the time of supply and which
becomes apparent within two years of supply. Regarding digital content or service
supplied on a continuous basis, Activision is accountable for any non-conformity
which becomes apparent during the period in which it is supplied under the
Agreement. We are also accountable, within the same time limits, for any non-
conformity resulting from the incorrect integration of the digital content or
service into the consumer's digital environment where this has been done by us or
under our responsibility, or where the incorrect integration by the consumer is the
result of deficiencies in the instructions provided by us. For the 12 month period
following the supply of the Product, the consumer will not be required to prove the
existence of the defect. In the event of lack of conformity, the consumer shall be
entitled to have the digital content or service brought into conformity or, failing
that, to have the price reduced or to cancel the contract under the conditions set
out in the French Consumer Code.
Appendix 2:

BETA PARTICIPATION PROGRAM AGREEMENT

This BETA PARTICIPATION PROGRAM AGREEMENT (this “Beta Agreement”) is a legal

agreement between the end-user of a Program (as defined herein) (“you”) and
Activision (as defined in that certain Software License and Service Agreement to
which this Beta Agreement is attached) (the “Agreement”). Capitalized terms used
but not defined herein shall have the meanings ascribed to such terms in the
Agreement. In the event of any conflict between this Beta Agreement and the
Agreement, the terms of this Beta Agreement shall control.

By downloading, installing, accessing, and/or playing the pre-release and/or “soft

launch” version of a Program (the “Beta”) (as defined herein) or by otherwise
participating in the Beta Test (as defined herein), you agree to be bound by the
terms and conditions of this Beta Agreement, the Agreement, and acknowledge having
read in its entirety Activision’s privacy policy available at
https://www.activision.com/legal/privacy-policy.

1. Activision may from time to time make a Beta available to you by digital
download (or other means of downloading, installing, and accessing the Beta) to
grant you access to participate in a Program’s beta testing program (the “Beta
Test”). Your use of the Beta and participation in the Beta Test shall be subject to
the terms and conditions of this Beta Agreement.

2. The Beta Test is a test of certain portions of the Program for the benefit of
Activision and is subject to Activision’s absolute discretion regarding duration,
limitations, features, and participation. Activision may, at any time and for any
reason, suspend or terminate the Beta Test and/or your participation in the Beta
Test. Activision may terminate this Beta Agreement, your participation in the Beta
Test, and your license to use the Beta, with or without cause and without notice.
Such termination may be made by Activision via active measures, including issuing a
disabling command to your installation of the Beta on any device.

3. Activision makes no representation or warranty regarding the quality, function,

availability, suitability, or any other aspect of the Beta and/or Beta Test. You
agree and acknowledge that the Beta is not complete and that the Beta and/or Beta
Test may contain errors, bugs, or other problems that could cause errors and damage
to your computer system. Your use of the Beta and participation in the Beta Test is
at your own risk. Activision shall not be obligated to provide any technical
support, warranties or remedies for the Beta and/or Beta Test.

4. The Beta and the Beta Test are provided solely to allow Activision to assess the
performance of the Program at a scale not achievable with internal testing and
should not be relied upon by you as indicative of the features, graphical fidelity
or other performance metrics of the Program. Activision reserves the right to make
changes to the Program and to the Beta during and after the Beta Test without
notice. You acknowledge that such changes may result in loss of progress made
during the Beta Test and that there is no guarantee that Beta Test progress, and
any Service Provided Content made available to you for purchase during the Beta
Test, shall be retained or retainable by you after the Beta Test.

5. Activision disclaims all warranties, whether express or implied, including, but

not limited to, implied warranties of merchantability and fitness for a particular
purpose, and any warranty of non-infringement, with respect to the Beta and/or Beta
Test. The Beta is provided “as is” and without warranty. Activision does not
warrant that the Beta or the operation of the Beta and/or Beta Test will be
uninterrupted or error-free or that the Beta will meet your specific or special
requirements. Additional statements, whether oral or written, do not constitute
warranties by Activision and should not be relied upon. This Section shall survive
the cancellation or termination of this Beta Agreement.

6. Reference is hereby made to Section 11 (Service Provided Content) of the

Agreement, which is incorporated herein. Certain Betas may have features that will
allow you to acquire licenses to use Virtual Currency and other Service Provided
Content. You acknowledge and agree that Activision’s termination of the Beta Test
shall not be grounds for any refunds of any kind. Without limitation of Section 11
of the Agreement, you acknowledge and agree that all purchases of Virtual Currency
and other Service Provided Content are final and are not refundable, transferable,
or exchangeable under any circumstances, except as otherwise required by applicable
law.

7. Section 7 (Limitation of Liability) of the Agreement is hereby incorporated

herein by reference.

8. You acknowledge that your unauthorized use of the Beta, or any part thereof,
shall immediately and irreparably damage Activision such that Activision could not
be adequately compensated solely by a monetary award, and in such event, Activision
shall be entitled to injunctive relief (in addition to all other available
remedies, including a monetary damages) to prohibit such unauthorized use without
the necessity of Activision posting a bond or other security.

9. Subject to the terms and provisions of this Beta Agreement and so long as you
fully comply at all times with this Beta Agreement, Activision hereby grants to you
a non-exclusive, revocable, and limited right to use the Beta only in executable or
object code form, and to participate in the Beta Test. The Beta may not be
downloaded, shipped, transferred, exported or re-exported into any country in
violation of the United States Export Administration Act (or any other law
governing such matters) by you or anyone at your direction, and you shall not
utilize, and shall not authorize anyone to utilize, the Beta in any other manner in
violation of any applicable law. Activision reserves all rights not granted in this
Beta Agreement, including, without limitation, all rights to trademarks.

10. You shall not:

a. Reproduce, copy, sell, rent, lend, or otherwise transfer or distribute the Beta
by any means, including via the Internet;

b. Commercially use or exploit the Beta or Beta Test in any fashion;

c. Disassemble, reverse engineer (unless expressly permitted by Activision),

decompile, or translate the Beta;

d. Prepare or develop derivative works based upon the Beta;

e. Remove or alter any notices or other markings or legends, such as trademark or

copyright notices, affixed on or within the Beta; or

f. Remove, alter, modify, disable, or reduce any of the anti-piracy measures

contained in the Beta, including, without limitation, measures relating to
multiplayer play.

11. If you provide Activision with feedback regarding the use, operation or
functionality of the Program, Beta or Beta Test (“Feedback”), including but not
limited to information about operating results, known or suspected bugs, errors or
compatibility problems, or desired features, you hereby assign to us all rights in
the Feedback and agree that we shall have the right to use the Feedback and related
information in any manner we deem appropriate, without any payment or other
consideration to you.