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LIMITED SOFTWARE WARRANTY, LICENSE AGREEMENT,
AND INFORMATION USE DISCLOSURES
This document may be updated from time to time and the current version will be
posted at www.taketwogames.com/eula. Your continued use of this Software
30 days after a revised version has been posted constitutes acceptance by you
of its terms.
THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR
OTHERWISE USING THIS SOFTWARE (DEFINED BELOW), YOU AGREE TO BE
BO UND BY T HE TE RMS O F THIS L IMI TE D SOF TWA RE WAR RA NT Y AND L ICE NSE
AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE
“SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT,
THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN, FILES,
ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND
ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE
SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER
MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE
TERMS OF THIS AGREEMENT WITH TAKE-TWO INTERACTIVE SOFTWARE, INC.
(“L ICEN SOR ”). IF YOU D O NOT AG REE TO T HE TE RMS O F THI S AGRE EMEN T, YOU
ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE.
I. LICENSE
LIC ENSE. Subj ect to this Ag reemen t and its ter ms and condit ions, L icens or hereb y
grants you the nonexclusive, non-transferable, limited right and license to use one
cop y of the S oft ware f or your p ers onal non -co mmerc ial us e for gam eplay o n a single
com pute r or gami ng unit , unle ss oth erw ise sp ecifi ed in th e Sof twa re doc ument atio n.
Your acquired right s are subject to your compliance with this Agreement . The term
of your license under this Agreement shall commence on the date that you install
or ot herwise use the So ftware an d ends on th e earlier date of either your dispos al of
the Software or Licensor’s termination of this Agreement. Your license terminates
immediately if you attempt to circumvent any technical protection measures used
in connection with the Software. The Software is being licensed to you and you
hereby acknowledge that no title or ownership in the Sof tware is being transferred
or assigned and this Agreement should not be construed as a sale of any rights in
the S oft ware. All ri ghts no t speci fically g rante d under th is Agree ment are r eser ved
by Licensor and, as applicable, its licensors.
OW NERS HIP. Lic enso r reta ins all r ight , title a nd inte rest t o the So ft ware, in cludi ng,
but n ot limi ted t o, all c opyr ight s, tra demar ks, t rade s ecre ts, t rade n ames , prop riet ar y
rights, patents, titles, computer codes, audiovisual effects, themes, characters,
charac ter names, s torie s, dialo g, set tings , art work, s ounds e ffec ts, mu sical wo rks,
and m oral r ight s. The S of twa re is pr otec ted b y Unit ed Sta tes co pyr ight an d trad emar k
law and applicable laws and treaties throughout the world. The Software may not
be copied, reproduced or distributed in any manner or medium, in whole or in part,
without prior written consent from Licensor. Any persons copying, reproducing
or distributing all or any portion of the Software in any manner or medium, will
be willfully violating the copyright laws and may be subject to civil and criminal
pen altie s in the US o r their l ocal c ount ry. Be ad vis ed that U S Cop yrigh t viol atio ns are
subj ect to s tat utor y pen altie s of up to $1 50,0 00 pe r viol atio n. The S oft war e cont ains
cer tain licensed materials and Licensor’s licensors may also protect their rights in
the event of any violation of this Agreement. All rights not expressly granted to you
herein are reserved by the Licensor.
LICENSE CONDITIONS.
You agre e not to: a. Commercially exploit th e Soft ware; b . Distr ibute, l ease, license ,
sel l, ren t or othe rwi se tra nsfer o r assi gn the So ft ware, o r any cop ies of t he Sof twa re,
wit hou t the ex pres s prio r wri tte n cons ent of L icen sor or a s set f ort h in this A gree ment ;
c. Make a copy of the Software or any part thereof (other than as set forth herein); d.
Mak ing a cop y of thi s Sof twa re avail able o n a net work f or use o r downl oad by m ultipl e
use rs; e. E xce pt as ot her wise s peci fica lly pro vide d by the S oft war e or thi s Agree ment ,
use o r inst all the S of twar e (or perm it oth ers to d o same) on a n etwo rk, f or on- line us e,
or on more than one computer o r gaming unit at t he same time; f. C opy the S oftware
ont o a hard dr ive or o ther s torag e devi ce in ord er to by pass t he requ ireme nt to run t he
Sof tw are fr om the in clude d CD- ROM or D VD- ROM (t his pro hibit ion do es not ap ply to
cop ies in wh ole or in p art th at may be m ade by th e Soft ware i tself d uring in stal lati on
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 commercial
use;. h. Reverse engin eer, decompile , disass emble, p repare deri vative works base d
on or otherwise modify the Software, in whole or in part; i.
Remove or modify any proprietary notices, marks or labels contained on or within
the Software; and j. transport, export or re-export (directly or indirectly) into any
cou ntr y forb idden t o rec eive su ch Sof tw are by an y U.S. e xpor t law s or acc ompan ying
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
COP IES. S oft war e downl oad, r edemp tion of a u nique s erial c ode, re gist rati on of the
Software, 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 tware or certain un-lockable , downloadable, online
or other special content, services, and/or functions (collectively, the “Special
Features”). Acc ess to Special Features is limited to a single user acc ount per s erial
co de and ac cess t o Spec ial Fea ture s canno t be tra nsfe rred , sold , or re- regis tere d by
ano ther us er unle ss ot herw ise sp eci fied. T he pro visio ns of thi s para graph s uper sede
any other term in this Agreement.
TRANSFER OF PRE-RECORDED COPIES. You may transfer the entire physical
copy of pre-recorded S oftware and accompanying documentation on a permanent
bas is to anot her per son as lo ng as you re tain no c opies (incl uding ar chival o r backup
cop ies) of t he Sof twa re, ac comp anying d ocume ntat ion, o r any por tio n or comp onent
of the Software or accompanying documentation, and the recipient agrees to the
ter ms of th is Agre ement . Spe cial Fea ture s, inc luding c onte nt oth erw ise una vaila ble
without a single-use serial code, are not transferrable to another person under any
cir cums tanc es and S peci al Feat ures m ay cea se fun cti oning i f the or iginal i nst alla tion
cop y of the s oft ware i s dele ted or t he pre -re cord ed cop y is unav ailab le to th e user. The
Sof tw are is in tende d for pr ivate u se only. NO TW ITH STANDI NG THE F OREGO ING,
YOU MAY NOT TRANSFER ANY PRE-RELEASE COPIES OF THE SOFTWARE.
TEC HNIC AL PR OTEC TIO NS. T he So ft ware ma y incl ude mea sure s to co ntro l acc ess
to th e Sof twa re, co ntrol a cce ss to ce rta in feat ures o r cont ent, p reven t unaut hori zed
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 Software updates and patches. Only Software 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 Software will not function properly.
US ER CRE ATED CO NTE NT: The So ft ware ma y allow y ou to cr eate c onten t, inc ludin g
but 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 Software give rise to any copyright interest, you
hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and
sub -lic ensabl e worl dwide r ight an d licen se to use y our con tribu tions i n 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,
bro adca st, tr ansmi t, or o ther wise c ommun icat e to the pu blic by a ny mean s whet her
now k nown or u nknow n and dis tribu te your c ontr ibuti ons wi thout a ny fur ther n otice
or compensation to you of any kind for the whole duration of protection granted to
intellectual property rights by applicable laws and international conventions. You
hereby waive any moral rights of paternity, publication, reputation, or attribution
with respect to Licensor’s and other players’ use and enjoyment of such assets in
con necti on with the S oft ware and rel ated go ods and s ervi ces und er appli cable l aw.
This license grant to Licensor, and the above waiver of any applicable moral rights,
survives 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 certain features of the Software to operate properly, you
may be required to have and maintain (a) an adequate internet connection and/
or (b) a valid and active account with an online service as set forth in the Software
doc ument atio n, inc luding b ut not l imite d to thi rd-p art y gami ng pla tfor m, Lic enso r or
a Lic enso r affi liat e. If you do n ot maint ain su ch acc ount s, the n cer tain fe atur es of th e
Sof tw are may n ot ope rate o r may ce ase to f unct ion pr oper ly, either i n whol e or in par t.
II. INFORMATION COLLECTION & USAGE.
By in stal ling an d using t his so ft ware, y ou con sent to t hes e infor mati on col lect ion and
usa ge term s, incl uding (w here ap plica ble) tra nsfer o f data t o Licen sor and a ffil iated
com panie s into a c ountr y out side o f the Eur opea n Union an d the Eur opea n Econ omic
Area. If you connect to the Internet when using the Software, either through a
gaming platform network, or any other method, Licensor may receive information
from hardware manufacturers or gaming 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),
gam e scor es, ga me achi eveme nts , game pe rfo rmanc e, lo cati ons vi site d, budd ylis ts,
hardware MAC address, internet protocol address, and your usage of various
game features. All information collected by Licensor is intended to be anonymous
information that does not disclose your identity or constitute personal information,
however, if you include personal information (such as your real name) in your user
ID, then such personal information 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 sites, shared with hardware manufacturers, shared with platform
hosts, shared with Licensor’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 Software.
III. WARRANTY
LIMITED WARRANTY: Licensor warrants to you (if you are the initial and original
purchaser of the Software) that the original storage medium holding the Software
is free from defects in material and workmanship under normal use and service for
90 days from the date of purchase. Licensor warrants to you that this Software is
compatible with a personal computer meeting the minimum system requirements
listed in the Software documentation or that it has been certified by the gaming
unit producer as compatible with the gaming unit for which it has been published,
how ever, due to va riat ions in h ardwa re, so ft ware, i nter net co nnec tions a nd indi vidua l
usa ge, Lic ensor does n ot warr ant the p erforma nce of this So ftw are on you r speci fic
computer or gaming unit. Licensor does not warrant against interference with your
enjoyment of the Software; that the Software will meet your requirements; that
operation of the Software will be uninterrupted or error-free, or that the Software
will be compatible with third party software or hardware or that any errors in the
Software will be corrected. No oral or written advice provided by Licensor or any
authorized representative shall create a warranty. Because some jurisdictions do
not allow the exclusion of or limitations on implied warranties or the limitations on
the applicable statutory rights of a consumer, 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
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:
Before contacting Technical Support, please be prepared. In order to assist you as efficiently as possible, please
describe the circumstances, including any error messages, of your problem as clearly as possible.
TECHNICAL SUPPORT CONTACT DETAILS
United Kingdom
Telephone (0870) 1242222 / calls charged at the national rate
Monday to Saturday 13:00 to 07:00 (GMT) excluding bank holidays
E-mail take2@europesupport.com
Website http://support.2k.com
Nederland / Belgie
Nederland 0900-2040404 (EUR 0,80ct p/m)
Belgie 0902-88078 (EUR 0,80 ct p/m)
warranty period, Licens or agrees to replace, free of charge, any Software discovered
to be d efect ive wit hin the wa rrant y peri od as long as th e Soft ware is c urren tly being
manufactured by Licensor. 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 Li censo r and is no t applic able to n ormal w ear and t ear. Th is warr anty sh all not b e
app licab le and sha ll be voi d if the de fect h as aris en thro ugh abus e, mist reat ment, o r
neglect. Any implied warranties prescribed by statute are expressly limited to the
90-day period described above.
Except as set forth above, this warranty is in lieu of all other warranties, whether
ora l or writ ten, expr ess or imp lied, inclu ding any othe r warran ty of me rchant abili ty,
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 Software only to the Licensor address specified below and include:
your name and return address; 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 SOFT WARE, 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 RELATED
TO THIS AGREEMENT OR THE SOFTWAWRE, WHETHER ARISING IN TORT
(IN CLUDI NG NEGL IGEN CE), C ONT RAC T, ST RICT L IA BILI TY O R OTHE RWI SE,
WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILIT Y FOR ALL
DAM AGES ( EXC EPT AS R EQUI RED BY A PPL ICA BLE L AW) EX CEED T HE ACT UAL
PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANT Y LASTS AND/OR THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE
LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABIL ITY M AY NOT
APPLY TO YOU. THI S WARRANTY SHALL NOT BE APPL ICABLE SOLE LY TO THE
EX TE NT T HAT ANY S PECI FIC P ROV ISI ON OF T HIS WAR RA NT Y IS P ROHI BIT ED
BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-
EMP TED . THIS WA RR ANT Y GI VE S YOU SP ECIF IC LEGA L RIG HTS , AND YO U MAY
HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TE RMIN ATION: T his Ag reeme nt is ef fec tive u ntil t ermin ated b y you, by t he Lic ens or,
or automatically upon your failure to comply with its terms and conditions. Upon
any termination, you must destroy or return the physical copy of Software to the
Lic ensor, as well as permanen tly destroy all copie s of the Soft ware, 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 Software and documentation
have been developed entirely at private expense and are provided as “Commercial
Computer Software” or “restricted computer software.” Use, duplication or
dis closur e by the U. S. Gov ernmen t or a U.S . Govern ment su bcont ract or is subj ect to
the r estr ict ions se t for th in sub para graph (c)( 1)(ii) of t he Rig hts in Techn ical D ate and
Com pute r Sof twar e clau ses in DFA RS 252 .227-701 3 or as se t fort h in subp arag raph
(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
agr ee that L icen sor sh all be en titl ed, wi thou t bond , other s ecur ity, pr oof of d amage s,
to appropriate equitable remedies with respect any of this Agreement, in addition
to any other available remedies.
INDEMNIT Y: You agree to indemnify, defend and hold Licensor, its partners,
lic enso rs, af fili ates , con trac tors , of ficer s, dire cto rs, em ploye es and a gent s harml ess
from all damages, losses and expenses arising directly or indirectly from your acts
and omissions to ac t in using the Software pursuant to the terms of t he Agreement.
MISCELLANEOUS: This Agreement represents the complete agreement
concerning this license between the parties and supersedes all prior agreements
and representations between them. It may be amended only by a writing executed
by both parties. If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the extent necessary to make
it enfor ceable and the remaining pr ovisi ons of thi s Agreem ent shal l not be af fect ed.
GOV ER NING L AW. This Ag reem ent sha ll be c onst rued (w ith out re gard t o con flict s or
cho ice of l aw pri ncipl es) unde r the la ws of the S tate o f New York , as suc h law is ap plie d
to ag reeme nts be twe en New York r esid ents e ntere d into a nd to be p erfo rmed w ithi n
New York, except as governed by federal law. Unless expressly waived by Licensor
in writing for the par ticular 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 fe deral co urts l ocated in Licenso r’s principal corpo rate pl ace of busine ss
(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
par tie s agre e that t he UN C onven tion o n Cont rac ts for t he Int erna tion al Sal e of Goo ds
(Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction
arising out of this Agreement.
IF YOU H AVE A NY QU EST ION S CO NCE RNI NG TH IS LI CEN SE, YO U MAY CON TACT
IN WRITING TAKE-TWO INTER ACTIVE SOFTWARE, INC. 622 BROADWAY,
NEW YORK, NY 10012.
© 2005-2012 Take-Two Interactive Software and its subsidiaries. All rights
res erved. 2K S port s, the 2K Spo rts logo, and Take-Two Interac tive Software are all
trademarks and/or registered trademarks of Take-Two Interactive Software, Inc.
The N BA and ind ividua l NBA memb er team id entifi catio ns used o n or in this prod uct
are t radem arks, c opyr ight s design s and oth er for ms of inte llec tual pr oper ty of NB A
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. © 2012
NBA P roper ties, Inc. All right s reser ved. All other trademarks are property of their
respective owners. © 2012 Christopher Victorio. All rights reser ved.