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LIMITED SOFTWARE WARRANTY, LICENSE AGREEMENT,
AND INFORMATION USE DISCLOSURES
This doc ument may be updat ed from t ime to time and the curre nt versi on will be pos ted at w ww.take twogames.c om/eula.
Your co ntinu ed use o f this S oft war e 30 day s aft er a rev ised v ersi on has b een po sted c ons titu tes a ccep tanc e by you o f its t erms .
THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE
(DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS LIMITED SOFTWARE WARRANTY AND
LICENSE 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
WR IT TEN , FIL ES, EL ECT RONI C OR ON- LIN E MATER IA LS OR D OCUM ENTATION, A ND AN Y AND A LL CO PIE S OF SUC H
SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND
ANY OTHER MATERIALS INCLUDED WITH THE SOFT WARE, YO U HER EBY ACCEPT THE TERMS OF THIS AGREEMENT
WITH TAKE-TWO INTERACTIVE SOFTWARE, INC. (“LICENSOR”). IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE.
I. LICENSE
LICENSE. Subject to this Agreement and its terms and conditions, Licensor hereby grants you the nonexclusive, non-
tra nsfer able, li mited r ight and l icens e to use on e copy of the So ftw are for yo ur pers onal non -com mercia l use for ga meplay
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 commence on the
date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software
or Licensor’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any
tec hnical p rotecti on meas ures us ed in conn ecti on with t he Sof twar e. The So ftw are is being li cense d to you an d you here by
acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be
construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by
Licensor and, as applicable, its licensors.
OWNERSHIP. Licensor retains all right, title and interest to the Software, including, but not limited to, all copyrights,
trademarks, trade secrets, trade names, proprietary rights, patents, 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 throughout the
world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without
prior writ ten 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 penalties in
the US or their local country. Be advised that US Copyright violations are subject to statutory penalties of up to $150,000
per violation. The Software contains certain 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 agree not to: a. Commercially exploit the Software; b. Distribute, lease, license, sell, rent or otherwise transfer or
assign the Software, or any 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 Software or any part thereof (other than as set forth herein); d. Making a copy of this
Sof twar e available on a net work for use or download by multiple users; e. Excep t as otherwise specifi cally 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 Software onto a hard drive or other storage device in
ord er to by pass t he req uireme nt to ru n the So ft ware f rom th e inclu ded CD -RO M or DVD -RO M (this p rohib itio n does n ot apply
to copies in whole or in part that may be made by the Software itself during installation in order to run more efficiently); g.
use or copy the Sof tware at a computer gaming center or any other location-based site; provided, that Licensor may offer
you a s epara te sit e licen se agre ement t o make th e Sof twar e avail able fo r comme rcial us e;. h. R evers e engine er, decomp ile,
disassemble, prepare derivative works based on or otherwise modify the Soft ware, in whole or in part; i.
Remove or modify any proprietar y notices, marks or labels c ontained on or within the Software; and j. transpor t, export or
re -exp ort (di rec tly or indi rect ly) into a ny coun try f orbi dden t o rece ive su ch Sof tw are by an y U.S. ex por t law s or acc ompa nying
regulations or otherwise violate such laws or regulations, that may be amended from time to time.
ACC ESS T O SPEC IAL F EATUR ES AND /OR SE RVIC ES, IN CLUDI NG DIGI TA L COP IES. S oft ware d ownlo ad, re dempt ion
of a uni que ser ial cod e, regis trat ion of th e Sof tware , membe rship in a t hird- part y ser vice s and/or m embers hip in a Lic enso r
service (including acceptance of related terms and policies), may be required to access digital copies of the Software or
certain un-lockable , downloadable, online or other special content, services, and/or functions (collectively, the “Special
Features”). Access to Special Features is limited to a single user account per serial code and access to Special Features
cannot be transferred, sold, or re-registered by another user unless otherwise 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-recorded Software and
acc ompan ying do cumen tati on on a per manen t basis t o anoth er per son as lo ng as you r etain n o copi es (incl uding a rchiv al or
bac kup co pies) of t he Sof t ware, a ccom pany ing doc ument ati on, or an y por tion o r comp onent o f the So ft ware o r acco mpany ing
documentation, and the recipient agrees to the terms of this Agreement. Special Features, including content otherwise
unav ailab le with out a sin gle-u se ser ial code , are not t ransf errab le to ano ther pe rson un der any ci rcums tance s and Spe cial
Features may cease functioning if the original installation copy of the software is deleted or the pre-recorded copy is
unavailable to the user. The Software is intended for private use only. NOTWI THSTANDING THE FOREGOING, YOU MAY
NOT TRANSFER ANY PRE-RELEASE COPIES OF THE SOF TWARE.
TECHNICAL PROTECTIONS. The Software may include measures to control access to the Software, control access to
cer tai n feat ures or c onte nt, pr event u naut horiz ed cop ies, o r othe rwi se at tempt t o prev ent anyo ne fro m excee ding t he limi ted
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.
USER CREATED CONT ENT: The Sof tware may allow you to create content, including but not limited to a gameplay map, a
scenar io, scr eenshot of a c ar desig n or a video of you r game play. In exchang e for use o f the Sof tware, and to t he exte nt that
your contributions through use of the Soft ware give rise to any copyright interest, you hereby grant Licensor an exclusive,
per petu al, ir revo cable , fully t rans ferab le and su b-l icen sable w orld wide r ight an d lice nse to u se you r cont ribut ions i n any way
and f or any pur pose i n conne cti on wit h the Sof tw are and r elat ed goo ds and se rvi ces, i nclud ing the r ight s to repr oduc e, cop y,
adap t, mo dify, p erfo rm, di splay, pu blish , broa dcas t, tr ansmi t, or o ther wis e commu nica te to the p ubli c by any mea ns whe ther
now k nown o r unkno wn and di str ibute y our co ntri buti ons wi thou t any fur the r noti ce or co mpens ati on to you o f any kin d for th e
whole duration of protection granted to intellectual proper ty rights by applicable laws and int ernational conventions. You
her eby wai ve any mo ral ri ghts o f pate rnit y, publi cat ion, re put ation , or at trib utio n wit h respe ct to L icen sor’s a nd oth er play ers’
use and enjoyment of such assets in connection with the Software and related goods and services under applicable law.
Thi s licen se gran t to Lic ensor, and t he abov e waive r of any app licab le mora l right s, sur viv es any ter minat ion of th is Lic ense.
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 maint ain (a) an adequate internet connection and/or (b) a valid and active account with an
onl ine ser vic e as set f ort h in the S oft war e docum enta tion , inclu ding bu t not lim ited t o third -pa rty g aming p lat form , Lice nsor
or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Software may not operate or may
cease to function 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 affiliated companies into a country outside of the European Union and the
European Economic Area. If you connect to the Internet when using the Software, either through a gaming platform
net work, or any o ther method, Li censor may rece ive informa tion from hardw are manufac turers or gam ing plat form host s
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,
loc ations visite d, buddylist s, hardware MAC a ddress , internet prot ocol address, a nd your us age of various game features.
All information collected by Licensor is intended to be anonymous information that does not disclose your identity or
con stit ute pe rsona l infor matio n, howe ver, if you inc lude pe rson al infor matio n (such a s your rea l name) in yo ur user I D, 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
law ful p urpo se. By u sing thi s Sof twa re you c onsen t to the L icen sor’s u se of rel ated d ata , includ ing pub lic dis play of y our dat a
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
LI MIT ED WARR AN TY: Li cens or war rant s to you ( if you ar e the ini tial an d orig inal pur chas er of the S of twar e) that t he orig inal
storage medium holding the Soft ware 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
mee ting t he minimu m syst em requ ireme nts li sted i n the So ft ware do cumen tati on or th at it has b een c erti fied by t he gami ng
unit producer as compatible with the gaming unit for which it has been published, however, due to variations in hardware,
sof tware, internet connections and individual usage, Licensor does not warrant the performance of this Soft ware on your
specific 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 S oftware will be compa tible with t hird par ty soft ware or hard ware or that any err ors in the Sof twar e will be corr ected .
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 war ranties or the limitation s on the applicable statutor y
rights of a consumer, some or all of the above exclusions and limitations may not apply to you.
If for a ny reas on you fin d a defec t in the s tora ge mediu m or Sof tw are dur ing the wa rran ty per iod, L icen sor agr ees to r epla ce,
free of charge, any Software discovered to be defective within the warranty period as long as the Software is currently
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
pro vided b y Licen sor and is n ot appl icable t o norma l wear and t ear. This warra nty shall no t be appl icabl e and shall be void if
the d efec t has ari sen thr ough abu se, mis trea tment , or negl ect . Any impl ied war rant ies pre scrib ed by st atut e are exp ress ly
limited to the 90-day period described above.
Exc ept as s et for th ab ove, t his war rant y is in lie u of all ot her wa rran ties , whet her ora l or wri tte n, expr ess or i mplie d, incl uding
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.
Whe n returning t he Sof tware s ubject t o the limi ted warranty above, pleas e send the original Soft ware only to the Lic ensor
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 E VE NT WI LL LI CENS OR BE L IA BLE FO R SPEC IAL , INCI DEN TA L OR CO NSEQ UENT IA L DAM AGES R ESU LT ING
FROM POS SESSION , USE OR M ALFUNC TION OF THE S OFT WARE, INC LUDING B UT NOT L IMIT ED TO, DA MAGES T O
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 (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR
NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILIT Y OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S
LIABILIT Y FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID
BY YOU FOR USE OF THE SOF TWARE.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE
LI MITATION S AND /OR E XCLU SIO N OR LI MITATION O F LI ABI LI TY M AY NOT AP PLY TO YOU. T HIS WA RR AN TY S HAL L
NOT B E APP LIC ABL E SOL ELY TO THE E X TEN T THAT AN Y SP ECIF IC PRO VIS ION OF T HIS WA RR ANT Y IS P ROH IBIT ED
BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU
SP ECIF IC LEGA L RIG HTS , AND YO U MAY HAVE OT HER R IGH TS TH AT VA RY FRO M JUR ISDIC TIO N TO JUR ISD ICT ION.
TERMINATION: This Agreement is effective until terminated by you, by the Licensor, 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 Licensor, as well as permanently 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 Software and documentation have 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 Date and Computer Software clauses in DFARS 252.227-7013 or as set
for th in subparagraph (c)(1) and (2) of the Commercial Computer Software Rest ricte d 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
dama ges, t o appr opria te equ itab le reme dies w ith re spec t any of th is Agr eemen t, in add itio n to any ot her ava ilabl e reme dies .
INDEMNIT Y: 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 Sof tware pursuant to the terms of the Agreement.
MIS CELL ANE OUS: T his Agr eement r epre sent s the com plete a greem ent con cerni ng this li cens e betw een the p art ies and
supersedes all prior agreements and representations between them. It may be amended only by a writing executed by
bot h par ties. If a ny prov ision of t his Agr eemen t is held t o be unenf orce able fo r any reas on, suc h prov ision sh all be re forme d
only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.