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LIMITED SOFTWARE WARRANTY, LICENSE AGREEMENT
& INFORMATION USE DISCLOSURES
Thi s docume nt may be up dated fr om time t o time and th e curre nt versi on will be p osted a t eula
or www.taketwogames.com/eula. Your continue d use of this Sof tware 3 0 days after a re vised
version has been posted constitutes acceptance by you of its terms.
THIS SOF TWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE
USI NG THI S SOFT WARE ( DEFI NED BELO W), YOU A GREE TO B E BOUN D BY THE TE RMS OF
THIS LIMITED SOFT WARE WARRA NTY AND LICENSE AGREEMENT (THE “AGREEMENT”)
AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL SOFTWARE
INC LUDE D WI TH TH IS AGR EEME NT, THE AC COM PANY ING M ANUA L(S), PACK AGI NG AN D
OTH ER WRI TTE N, FIL ES, ELECTR ONIC OR ON -LIN E MATERI ALS OR D OCUME NTATION ,
AND A NY AN D ALL CO PIES OF S UCH SOF TWAR E AND I TS MATER IALS . BY OPEN ING THE
SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS
INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT
WI TH TAKE-TW O INTE RACT IVE S OFT WARE , INC. (“L ICENS OR”). I F YOU DO NOT A GREE
TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY
OR USE THE S OFTWARE.
I. LICENSE
LICENSE. S ubjec t to thi s Agree ment an d its te rms an d condi tion s, Lic enso r hereb y grant s you
the nonexclusive, non-transferable, limited right and license to use one copy of the Software
for your personal non-commercial use for gameplay on a single computer or gaming unit,
unless otherwise specified in the Software documentation. Your acquired rights are subject
to your compliance with this Agreement. The term of your license under this Agreement shall
com mence o n the da te tha t you ins tall o r othe rwi se use t he So ft ware an d ends on t he ear lier da te
of eit her yo ur dispo sal of t he Sof twa re or Li cens or’s ter minat ion of t his Agre emen t. Your lic ense
ter minat es imme diat ely if you a ttem pt to ci rcumv ent any t echni cal pr otec tion m easu res us ed in
con nect ion wi th the S of twa re. Th e Sof twa re is be ing lic ens ed to yo u and you h ereby a ckno wle dge
that no title or ow nership in the Soft ware is being transferred or assigned and this Agreement
shou ld not b e cons true d as a sal e of any ri ghts i n the So ftw are. Al l righ ts not s peci fical ly grant ed
under this Agreement are reserved by Licensor and, as applicable, its licensors.
OWNERSHIP. Licensor retains all right, t itle and interest to the Soft ware, including, but not
limi ted to, al l copyr ights , trade marks, t rade se cret s, trade n ames, pr oprie tary r ights , patent s,
titles, computer codes, audiovisual effects, themes, characters, character names, stories,
dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is
protected by United States copyright and trademark law and applicable laws and treaties
thr ougho ut the w orld . The So ft ware ma y not be c opie d, repr oduc ed or di stri bute d in any man ner
or me dium, in w hole o r in par t, wi thou t prio r wri tte n cons ent fr om Lic enso r. Any p ers ons co pying ,
reproducing or distributing all or any portion of the Soft ware in any manner or medium, will be
will fully vi olati ng the c opyri ght law s and may be s ubjec t to civ il and cr iminal pe naltie s in the U S
or th eir loc al coun try. B e advi sed th at US Co pyri ght vio lati ons are s ubjec t to st atut ory p enalti es
of up to $ 150 ,000 p er vio lat ion. T he Sof tw are co ntain s cer tain l icen sed ma teri als an d Lice nsor ’s
lic ensor s may als o prote ct their r ight s in the even t of any vio latio n of this Ag reemen t. All r ights
not expressly granted to you herein are reser ved by the Licensor.
LICENSE CONDITIONS. You agree not to: a. Commercially exploit the Software; b.
Distrib ute, lea se, license, sell , rent or ot herwi se trans fer or assign th e Soft ware, or a ny copies
of the Software, without the express prior written consent of Licensor or as set forth in this
Agreement; c. Make a copy of the Sof tware or any part thereof (other than as set forth herein);
d. Making a copy of this Software available on a network for use or download by multiple
users; e. Except as otherwise specifically provided by the Software or this Agreement, 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 the same time; f. Copy the Sof tware onto a hard drive or
other sto rage device in order t o bypass the require ment to run the Soft ware from the included
CD- ROM or DVD-ROM (this prohibition does not apply to copies in whole or in par t that may be
made by the Software itself during installation in order to run more efficiently); g. use or copy
the Software at a computer gaming center or any other location-based site; provided, that
Licensor may offer you a separate site license agreement to make the Software available for
com merci al use ;. h. Rev erse en ginee r, dec ompi le, dis asse mble, p repa re der ivati ve wor ks ba sed
on or otherwise modify the Software, in whole or in part; i. Remove or modify any proprietary
not ices , mark s or lab els c onta ined on o r with in the S oft ware ; and j. t ransp ort , exp ort o r re- expo rt
(directly or indirectly) into any country forbidden to receive such Software by any U.S. export
laws or accompanying regulations or otherwise violate such laws or regulations, that may be
amended from time to time.
ACCESS TO SPECIAL FEATURES AND/OR SERVICES, INCLUDING DIGITAL
COPIES. Sof twa re down load , redem ptio n of a uniqu e seri al cod e, regi stra tion o f the So ft ware,
membership in a third-party services and/or membership in a Licensor service (including
acceptance of related terms and policies), may be required to access digital copies of the
Sof twa re or cer tai n un-lo ckabl e , downl oadabl e, onlin e or othe r speci al cont ent, s ervi ces, a nd/
or functions (collectively, the “Special Features”). Access to Special Features is limited to a
sing le user a ccoun t per ser ial cod e and acc ess to S pecia l Featur es can not be tr ansfe rred, s old,
or re-registered by another user unless other wise specified. The provisions of this paragraph
supersede any other term in this Agreement.
TRANSFER OF PRE-RECORDED COPIES. You may transfer the entire physical copy
of pre-r ecorde d Soft ware an d accomp anying documenta tion on a pe rmanen t basis to anoth er
person as long as you retain no copies (including archival or backup copies) of the Software,
acc ompany ing docum entat ion, or any p ortio n or component o f the Sof twar e or accompany ing
documentation, and the recipient agrees to the terms of this Agreement. Special Features,
incl uding c onten t other wis e unava ilabl e with out a sin gle- use se rial co de, are n ot tra nsfer rabl e
to another pers on under any circ umstan ces and Speci al Featur es may cea se func tioning i f the
original installation copy of the software is deleted or the pre-recorded copy is unavailable to
the u ser. The S oft ware i s inte nded f or pri vate u se only. NO TW IT HSTAN DING T HE FOR EGOIN G,
YOU MAY NOT TR ANSFER ANY PRE-RELEASE COPIES OF THE SOF TWARE.
TECHNICAL PROTECTIONS. The Software may include measures to control access to
the Software, control access to certain features or content, prevent unauthorized copies, or
otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted
under this Agreement. If the Software permits access to Special Features, only one copy of
the Software may access those features at one time. Additional terms and registration may
be required to access online services and to download Sof tware updates and patches. Only
Soft ware subject to a valid license can be used to access online services, including downloading
updates and patches. You may not interfere with such access control measures or attempt
to disable or circumvent such security features. If you disable or otherwise tamper with the
technical protection measures, the Soft ware will not function properly.
USER CREATED CONTENT: The Soft ware may a llow you to crea te content, including bu t
not limited to a gameplay map, a scenario, screenshot of a car design or a video of your game
play. In exchange for use of the Software, and to the extent that your contributions through
use of the Soft ware give rise to any copyr ight inte rest, you hereby grant Licens or 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 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 fur ther notice
or compensation to you of any kind for the whole duration of protection granted to intellectual
proper ty rights by ap plicab le laws and internat ional convent ions. You her eby waive a ny moral
rights of paternit y, publication, reputation, or attribution with respect to Licensor’s and other
players’ use and enjoyment of such asset s in connection with the Soft ware and related goods
and services under applicable law. This license grant to Licensor, and the above waiver of any
applicable moral rights, sur vives any termination of this License.
INTERNET CONNECTION. The Software may require an internet connection to access
internet-based features, authenticate the Software, or perform other functions. In order for
cer tai n feat ures o f the So ft ware t o oper ate pr oper ly, you may be r equir ed to ha ve and ma inta in (a)
an ade quat e inte rnet c onne ctio n and/o r (b) a vali d and ac tive a ccou nt wit h an onl ine ser vi ce as se t
for th in the S oft ware do cument ation , includi ng but no t limite d to thir d-par ty gam ing plat form ,
Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of
the Software may not operate or may cease to func tion properly, either in whole or in part.
II. INFORMATION COLLECTION & USAGE.
By installing and using this software, you consent to these information collection and usage
terms, including (where applicable) transfer of data to Licensor and af filiated companies into
a country outside of the European Union and the European Economic Area. If you connect to
the In terne t when usi ng the So ftwa re, eith er throu gh a gaming p latf orm net work, o r any othe r
met hod, Lic ensor ma y recei ve informati on from hardwa re manuf acture rs or gamin g platform
hosts and may automatically collect certain information from your computer or gaming unit.
This information may include, but is not limited to, user IDs (such as gamer tags and screen
names), game scores, game achievements, game performance, locations visited, buddylists,
har dware M AC add ress , inter net pr otoc ol add ress , and you r usage o f vari ous gam e feat ures. A ll
info rma tion c olle cte d by Lic enso r is int ende d to be an onymo us inf orma tion t hat do es not d iscl ose
your identity or constitute personal information, however, if you include personal information
(such a s your real name) in your user ID, then such personal infor mation will automatically be
transmitted to Licensor and used as described herein.
The information collected by Licensor may be posted by Licensor on publicly-accessible web
sit es, sha red wi th har dwar e manuf actu rers , share d with p lat form h ost s, shar ed wit h Lic ensor ’s
marketing partners or used by Licensor for any other lawful purpose. By using this Software
you consent to the Licensor’s use of related data, including public display of your data such as
identification of your user created content or displaying your scores, ranking, achievements
and other gameplay data. If you do not want your information shared in this manner, then you
should not use the Sof tware.
III. WARRANTY
LIMITED WARRANTY: Licensor warrants to you (if you are the initial and original purchaser
of the Sof tware) that the original storage medium holding the Sof tware is free from defects in
mat erial a nd work mansh ip unde r norma l use and s erv ice fo r 90 day s from th e date o f purch ase.
Lic enso r warr ants t o you th at this S of twar e is com pati ble wi th a per sonal c ompu ter me etin g the
minim um sys tem re quire ment s list ed in th e Sof twa re doc umen tati on or th at it ha s been c ert ifie d
by th e gaming un it pro ducer a s comp atibl e with t he gamin g unit fo r which i t has be en publ ished ,
however, due to variations in hardware, software, internet connections and individual usage,
Lic enso r does n ot war rant t he per for manc e of this S of twar e on your s peci fic co mput er or gam ing
unit . Lice nsor doe s not war rant aga inst int erfe rence wi th your e njoymen t of the So ftw are; tha t
the S oft war e will m eet yo ur requ irem ents ; that o pera tion o f the S oft war e will be u nint erru pted o r
err or-fre e, or th at the S oft ware w ill be c ompa tible w ith t hird pa rt y sof twar e or har dware o r that
any er rors i n the So ft ware w ill be c orre cte d. No ora l or wri tte n advi ce pr ovide d by Lic enso r or any
aut horiz ed rep rese ntat ive sha ll cre ate a war rant y. Bec ause s ome jur isdic tion s do not al low the
exclusion of or limitations on implied warranties or the limitations on the applicable statutory
rights of a c onsumer, some or all of the above exclusions and limitations may not apply to you.
If for any reason you find a defect in the storage medium or Software during the warranty
period, Licensor agrees to replace, free of charge, any Software discovered to be defective
wit hin the w arra nty p erio d as long a s the So ft ware is c urre ntly be ing manu fact ured b y Lice nsor.
If the Software is no longer available, Licensor retains the right to substitute a similar piece
of Software of equal or greater value. This warranty is limited to the storage medium and the
Software as originally provided by Licensor 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. A ny 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 other warranty of merchantability, fitness for a
particular purpose or non-infringement, and no other representations or warranties of any
kind shall be binding on Licensor.
When returning the Software subject to the limited warranty above, please send the original
Sof tw are on ly to the L icen sor ad dres s spec ifie d belo w and inc lude : your na me and r etur n addre ss;
a photocopy of your dated sales receipt; and a brief note describing the defect and the system
on which you are running the Software.
IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION
OF THE SOF TWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY,
LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST
PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR
REL ATED TO THIS AGREEMENT OR THE SOFT WAWRE, WHETHER ARISING IN TORT
(INCLUDING NEGLIGENCE), CONTR ACT, STRICT LIABILI TY OR OTHERWISE, WHETHER
OR NO T LICEN SOR HA S BEEN A DVIS ED OF TH E POS SIBIL ITY O F SUCH DA MAGE S. IN NO
EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY
AP PLIC ABL E LAW ) EXC EED TH E ACT UAL PR ICE PA ID BY YOU F OR US E OF THE S OF TWA RE.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMP LIED WA RRA NT Y LAS TS AN D/OR TH E EXCL USION O R LIMI TATIO N OF INCI DENTAL
OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY SHALL NOT
BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS
WARR ANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH
CANNOT BE PRE-EMP TED. THIS WARRANT Y GIVES YOU SPECIF IC LEGAL R IGHTS, AND
YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JUR ISDICT ION.
TERMINATION: This Agreement is effective until terminated by you, by the Licensor, or
aut omatic ally upo n your fai lure to c omply wit h its te rms and c ondit ions. Up on any ter minat ion,
you mu st des troy o r retu rn the ph ysic al copy o f Sof twar e to the L icen sor, as wel l as perm anent ly
destroy all copies of the Software, accompanying documentation, associated materials, and
all of its component parts in your possession or control including from any client server or
computer on which it has been installed.
U.S. GOVERNMENT RESTRICTED RIGHTS: The S oft ware a nd doc ument atio n have b een
developed entirely at private expense and are provided as “Commercial Computer Software”
or “restricted computer sof tware.” 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 Date and Computer Soft ware 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 the Licensor
at the location listed below.
EQUITABLE REMEDIES: You hereby agree that if the terms of this Agreement are not
specifically enforced, Licensor will be irreparably damaged, and therefore you agree that
Licensor shall be entitled, without bond, other security, proof of damages, to appropriate
equitable remedies with respect any of this Agreement, in addition to any other available
remedies.
INDEMNITY: You agree to indemnify, defend and hold Licensor, 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 Software pursuant to the terms of the Agreement.
MISCELLANEOUS: This Agreement represents the complete agreement concerning this
lic ense b etwe en the p art ies and s upers edes a ll pri or agre ement s and re pres enta tions b etw een
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 th e extent nece ssar y to make it en forceable an d the rema ining provisions of t his Agreement
shall not be affected.
GOVERNING LAW.
This Agreement shall be construed (without regard to conflicts or
choice of law principles) under the laws of the State of New York, as such law is applied
to agr eemen ts be twee n New York re sident s ente red int o and to be p erf ormed w ithin N ew
York, except as governed by federal law. Unless expressly waived by Licensor in writing
for the particular instance or contrary to local law, the sole and exclusive jurisdiction
and venue for actions related to the subject matter hereof shall be the state and federal
courts located in Licensor’s principal corporate place of business (New York County,
New York, U.S.A.). Both parties consent to the jurisdiction of such courts and agree that
process may be served in the manner provided herein for giving of notices or otherwise
as allowed by New York state or federal law. The parties agree that the UN Convention
on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this
Agreement or to any dispute or transaction arising out of this Agreement. IF YOU HAVE
ANY QUESTIONS CONCERNING THIS LICENSE, YOU MAY CONTACT IN WRITING
TAKE-TWO INTERACT IVE SOFT WARE, INC. 622 BROADWAY, NEW YORK, NY 10012.
© 2005-2013 Take-Two Interactive Software and its subsidiaries. All rights
reserved. 2K Spor ts, the 2K Sports logo, and Take-Two Interactive Software are
all trademarks and/or registered trademarks of Take-Two Interactive Software,
Inc. The NBA and individual NBA member team identifications used on or in this
product are trademarks, copyrights designs and other forms of intellectual property
of NBA Properties, Inc. and the respective NBA member teams and may not be
used, in whole or in part, without the prior written consent of NBA Properties, Inc.
© 2013 NBA Properties, Inc. All rights reser ved.
PRODUCT SUPPORT
TECHNICAL SUPPORT
If you are experiencing problems with the running of one of our titles, you may contact our Technical Support staff in one of several ways:
For Support in Australia
Self-Help Knowledge-Base: http://support.2k.com/home
Phone: 1-800-803948 (Toll Free Number) Tuesday to Sunday – 7am to 5pm AEST
URL: http://support.2k.com/home
Submit a Request: http://support.2k.com/anonymous_requests/new
For Support in New Zealand
Self-Help Knowledge-Base: http://support.2k.com/home
Phone: 0800-440280 (Toll Free Number) Tuesday to Sunday – 7am to 7pm NZST
URL: http://support.2k.com/home
Submit a Request: http://support.2k.com/anonymous_requests/new
NOTICE FOR AUSTRALIAN CONSUMERS
IMPORTANT: THE WARRANTY FOR THIS PRODUCT HAS BEEN UPDATED FOR AUSTRALIA. THIS NOTICE SHOULD BE READ IN CONJUNCTION WITH
THE WARRANTY TERMS SET OUT ABOVE.
Our 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 for 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.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
Any benefits to you given by the Licensor’s warranty are in addition to other rights and remedies of the consumer in relation to the goods and ser vices to which the warranty relates.
All cl aims under the warranty for this product should be made to:
Take-Two Interactive Sof tware P ty Ltd. Suites 12 & 16, Upper Deck, Jones Bay Wharf, 26-32 Pirrama Road, Pyrmont Point, NSW 2009
Tel: 1-800-803948 ( Toll Free Number)
Email: http://support.2k.com/home
The procedure for claims under the warrant y for this product is outlined within the warranty terms set out above.
Licensor will cover all costs associated with a successful claim under this warranty. Proof of any reasonable costs you incur in making a claim under this warranty should be sent to the Licensor
address specified above for reimbursement.
For the avoidance of doubt, none of the limitations contained in this warranty in any way exclude or limit your rights under the Australian Consumer Law.
To the extent that this notice is inconsistent with any of the provisions of the warranty terms set out above, this notice supersedes those provisions.