This End User License Agreement (“License”) is an agreement between you and
Activision Publishing Inc., its subsidiaries and affiliates (“ACTIVISION”). This License governs your use
of this software product and all related documentation, and updates and upgrades that
replace or supplement the software in any respect and which are not distributed with a
separate license (collectively, the "Software"). This Software is licensed to you, not
This agreement is between you (the purchaser) and Activision Publishing Inc. and all affiliated companies.
Your use of this software will be governed by this agreement.
You have this software leased to you, you do not own it.
By installing or using the Software, you agree to the terms of this License and agree to
be bound by it. Section 3 below describes the data ACTIVISION may use to provide services and
support to you in connection with the Software. If you do not agree to this use of data,
do not install or use the Software. IF YOU INSTALL THE SOFTWARE, THE TERMS
AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YOU. If you do
not agree to the terms of this License, then do not install or use the Software.
If you install this software, it will be presumed that you have consented to this License agreement.
If you don’t agree with the terms of this agreement, do not install this software.
Grant. Through this purchase, you are acquiring and ACTIVISION grants you a personal,
limited, non-exclusive license to install and use the Software for your noncommercial use solely as set forth in this License and the accompanying
documentation. Your acquired rights are subject to your compliance with this
Agreement. Any commercial use is prohibited. You are expressly prohibited
from sub-licensing, renting, leasing or otherwise distributing the Software or
rights to use the Software. The term of your License shall commence on the
date that you install or otherwise use the Software, and shall end on the earlier
of the date that you dispose of or transfer the Software; or ACTIVISION's termination of
this License. Your license will terminate immediately if you attempt to
circumvent the technical protection measures for the Software. A separate
Terms of Service agreement governs your use of online services in connection
with the Software. You may view the Terms of Service agreement at
By purchasing this software you have obtained a license that is :
1. Not exclusive
4. Not for commercial use
5. Cannot be sub-licensed
6. Open for termination if you attempt to circumvent the protection measures taken by the company for the software.
Your license will be valid from the day you install this software.
The online use of this service/software is governed by a separate “Terms Of Service” Agreement that is available to be viewed at:
http://terms.ea.com (Redirects to Electronic Arts Website)
Access to Software, Online Features And/Or Services. An ACTIVISION
Account, including the acceptance of ACTIVISION’s online Terms of Service and Privacy
Policy (available at www.Activision.com), the installation of Origin client application
(www.origin/about.com) (or superceding download management software) as
well as acceptance of the Origin (or superceding download management
software) End User License Agreement, may be required to access the Software,
online services and/or features and to download and apply Software updates and
patches (if any). Only licensed software can be used to access online services
and/or features (if any), including downloadable content, and access to such
features is limited to you and your immediately family or members of your
Only immediate family members or members of your household can access the ACTIVISION Online service.
Further Restrictions. Your right to use the Software is limited to the license
grant above, and you may not otherwise copy, display, seek to disable, distribute,
perform, publish, modify, create works from, or use the Software or any
component of it, except as expressly authorized by ACTIVISION. Unless expressly authorized by ACTIVISION, you are prohibited from making a copy of the Software
available on a network where it could be used by multiple users. You are
prohibited from making the Software available over a network where it could be
downloaded by multiple users. You may not remove or alter ACTIVISION’s trademarks or
logos, or legal notices included in the Software or related assets.
You have a limited right to use the software. You cannot:
3. Seek to disable
9. “Reverse engineer”
You also cannot upload it to a network where it may be available to be downloaded by multiple users.
Reservation of Rights. You have obtained a license to the Software and your
rights are subject to this License. Except as expressly licensed to you herein, ACTIVISION
reserves all right, title and interest in the Software (including all characters,
storyline, images, photographs, animations, video, music, text), and all
associated copyrights, trademarks, and other intellectual property rights therein.
This License is limited to the intellectual property rights of ACTIVISION and its licensors in
the Software and does not include any rights to other patents or intellectual
property. Except to the extent permitted under applicable law, you may not
decompile, disassemble, or reverse engineer the Software, or any component
thereof, by any means whatsoever. You may not remove, alter, or obscure any
product identification, copyright, or other intellectual property notices in the
Software. All rights not expressly granted herein are reserved by ACTIVISION.
You have been only “leased” this software and the terms of using that software are governed under this license.
ACTIVISION “owns” all the associated logos, text, images, storyline, music, video, animations and photographs. ACTIVISION has a copyright over it and other intellectual property rights.
You will not reverse engineer or disassemble any of the components of the software (or the software itself) except to the extent permitted by law.
Your Contributions. 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 ACTIVISION 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 further notice 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 ACTIVISION’s and other players’ use
and enjoyment of such assets in connection with the Software and related goods
and services under applicable law. The license grant to ACTIVISION, and the above
waiver of any applicable moral rights, survives any termination of this License.
In exchange for using the software, you give ACTIVISION an
2. Perpetual (Eternal)
4. Totally Transferable
5. Sub licensable
Worldwide right to use your contributions for any purpose they see fit. (Including but not limited to :
(You give up your copyrights and any other rights you may hold over your contributions to the software.
Consent to Use of Data. When you play this game offline, ACTIVISION and its affiliates may
collect and store non-personally identifiable data including your Internet Protocol
Address as well as game play and software usage statistics. If and when you access
online features and/or services (if any), this data may be transmitted to ACTIVISION. ACTIVISION may use
this information to improve our products and services and may share anonymous data
with third parties.
To facilitate Technical Protection Measures (if any), the provision of software updates,
any dynamically served content, product support and other services to you, including
marketing, advertising and online play (if any), you agree that ACTIVISION and its affiliates may
collect, use, store and transmit technical and related information that identifies your
computer (including an Internet Protocol Address and hardware identification), operating
system and application software and peripheral hardware. ACTIVISION and its affiliates may also
use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous data with our third
party service providers.
located at http://privacy.ea.com. To the extent that anything in this section conflicts with
While you play this game offline, ACTIVISION may (if it so wishes to) collect and store “non personally identifiable” data (including your IP Address as well as statistics and usage data.
If you access online features of the software this data might be transmitted to ACTIVISION.
And it may share that data with third parties.
In order to use the Technical Protection Measures, ACTIVISION will
Technical and related information that identifies your computer (including IP Address, Operating System and hardware specifics)
Consent to Public Display of Data. If you participate in online services, such as
online play or the downloading and uploading of content, ACTIVISION and its affiliates may also
collect, use, store, transmit and publicly display statistical data regarding game play
(including scores, rankings and achievements), or identify content that is created and
shared by you with other players. Data that personally identifies you is collected, used,
If you avail the online services (by playing online or downloading/uploading content) then ACTIVISION and its affiliates can collect, use, store, transmit and publicly display the data collected during game play (data here refers to statistical data)
4. Termination. This License is effective until terminated. Your rights under this License
will terminate immediately and automatically without any notice from ACTIVISION if you fail to
comply with any of the terms and conditions of this License. Promptly upon termination,
you must cease all use of the Software and destroy all copies of the Software in your
possession or control. Termination will not limit any of ACTIVISION’s other rights or remedies at
law or in equity. Sections 4 - 13 of this License shall survive termination or expiration of
this License for any reason.
This License will be effective until terminated.
If you fail to follow, or violate any terms given in this License, your license (or lease) shall be terminated without any prior notice from ACTIVISION.
Upon termination, you MUST stop using the software and destroy all copies you have of it.
Section 4 – 13 of this license will be effective and will survive even when the license is terminated.
5. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL
FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE
ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR
SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE
RESIDES WITH YOU. ACTIVISION AND ACTIVISION’S LICENSORS (COLLECTIVELY “ACTIVISION” FOR
PURPOSES OF THIS SECTION AND SECTION 7) DO NOT MAKE, AND HEREBY
DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES,
INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE,
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF
ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ACTIVISION
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 ERRORFREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE
WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ACTIVISION OR ANY
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON
IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU
ACTIVISION does not give you any warranty of this software and it is provided you with all its fault.
When you use it, you consent to your knowledge of that fact and ACTIVISION will not be blamed for any problem that this software causes to your computer or electronic device.
ACTIVISION does not claim or guarantee that this software will be available to you without interruption, or will be free of problems, or that its errors will be corrected.
No oral (spoken) or written advice provided by a representative of ACTIVISION will create a warranty of any kind under any jurisdiction.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, IN NO EVENT SHALL ACTIVISION, ITS SUBSIDIARIES OR ITS
AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY
DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS
OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF
ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE,
WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT
LIABILITY OR OTHERWISE, WHETHER OR NOT ACTIVISION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A
LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT
MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR
VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF
LIABILITY MAY NOT APPLY TO YOU. In no event shall ACTIVISION’s total liability to you for all
damages (except as required by applicable law) exceed the amount actually paid by you
for the Software.
7. Limitation of Liability and Disclaimer of Warranties are Material Terms of this
License. You agree that the provisions in this License that limit liability are essential
terms of this License. The foregoing limitations of liability apply even if the above stated
remedy under the Limited Warranty for Recording Media fails in its essential purpose.
You understand and agree that those parts of this agreement that limit liability are essential to it and that it will apply in case of a dispute.
8. Severability and Survival. If any provision of this License is illegal or unenforceable
under applicable law, the remainder of the provision shall be amended to achieve as
closely as possible the effect of the original term and all other provisions of this License
shall continue in full force and effect.
If any part of this license is illegal or unenforceable then the other portions of this license will still be applicable (and may be amended to achieve the intended effect of the part that proves to be unenforceable)
9. U.S. Government Restricted Rights. If you are a government end user, then this
provision applies to you. The Software provided in connection with this License has
been developed entirely at private expense, as defined in FAR section 2.101, DFARS
section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or
subsequent agency regulation thereof), and is provided as “commercial items,”
“commercial computer software” and/or “commercial computer software documentation.”
Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent
required under U.S. federal law, the minimum restricted rights as set forth in FAR section
52.227-19 (or any equivalent or subsequent agency regulation thereof), any use,
modification, reproduction, release, performance, display, disclosure or distribution
thereof by or for the U.S. Government shall be governed solely by this License and shall
be prohibited except to the extent expressly permitted by this License.
Applies only to users that are from the US Government.
This software has been developed at private expense entirely.
Any use, modification, reproduction, release, display, disclosure or distribution of this software by the US Government will be governed by this license and will be prohibited (unless this License expressly allows it).
10. Injunctive Relief. You agree that a breach of this License will cause irreparable
injury to ACTIVISION for which monetary damages would not be an adequate remedy and ACTIVISION
shall be entitled to seek equitable relief in addition to any remedies it may have
hereunder or at law without a bond, other security or proof of damages
You agree that a breach of this License will cause damages to ACTIVISION that are irreparable and that monetary compensation won’t be sufficient.
ACTIVISION will be entitled to seek relief that it feels is equitable with the damages that are caused.
11. Governing Law. If you reside in a Member State of the European Union: (i) the
laws of England, excluding its conflicts-of-law rules, govern this License and your use of
the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or
action arising out of or relating to this License and/or your use of the Application shall be
the Courts of England, and you expressly consent to the exercise of personal jurisdiction
of such courts. If you reside elsewhere: (i) the laws of the State of California, excluding
its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii)
you expressly agree that for claims and disputes not subject to section 14, below,
exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that govern San
Mateo County, California, and you expressly consent to the exercise of personal
jurisdiction of such courts. Please note that your conduct may also be subject to other
local, state, national, and international laws. The parties agree that the UN Convention
on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this
License or to any dispute or transaction arising out of this License.
IF you live in a country that is part of the European Union :
1. Laws of England will govern this License and your use of the software.
2. You grant exclusive jurisdiction in this matter to English Courts (In case there is a legal dispute Courts Of England shall decide).
If you live somewhere else, you consent to the fact that:
1. Laws of California will govern the License
2. For any disputes not resolved under Section 14 will be done by exclusively the courts of San Mateo County
12. Export. You agree to abide by U.S. and other applicable export control laws and
agree not to transfer the Software to a foreign national, or national destination, which is
prohibited by such laws, without first obtaining, and then complying with, any requisite
government authorization. You certify that you are not a person with whom ACTIVISION is
prohibited from transacting business under applicable law
Agree to not transfer this software to a country that is prohibited from doing business with ACTIVISION.
13. Entire Agreement. This License constitutes the entire agreement between you and
ACTIVISION with respect to the Software and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to or modification of this
License will be binding unless made in writing and signed by ACTIVISION. No failure to exercise,
and no delay in exercising, on the part of either party, any right or any power hereunder
shall operate as a waiver thereof, nor shall any single or partial exercise of any right or
power hereunder preclude further exercise of any other right hereunder. In the event of
a conflict between this License and any applicable purchase or other terms, the terms of
this License shall govern.
This License is the entire agreement between you and ACTIVISION and will supersede all prior understandings about it.
14. Dispute Resolution By Binding Arbitration.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
A) Most of your concerns can be resolved quickly and to your satisfaction by logging
into the ACTIVISION customer support interface with your Account at http://support.Activision.com/. In
the unlikely event that ACTIVISION cannot resolve a concern to your satisfaction (or if ACTIVISION
cannot resolve a concern it has with you after attempting to do so informally),
then you and ACTIVISION agree to be bound by the following procedure to resolve any and
all disputes between us. This provision applies to all consumers to the fullest
extent allowable by law, but expressly excludes residents of Quebec, Russia and
the Member States of the European Union. This agreement is intended to be
interpreted broadly. It covers any and all disputes between us (“Disputes”),
including without limitation:
(a) claims arising out of or relating to any aspect of the relationship between us,
whether based in contract, tort, statute, fraud, misrepresentation or any other
(b) claims that arose before this Agreement or any prior agreement (including,
but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in
which you are not a member of a certified class; and
(d) claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
1) a claim to enforce or protect, or concerning the validity of, any of your or ACTIVISION’s (or any of ACTIVISION’s licensors’) intellectual property rights;
2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
3) In addition, nothing in this Agreement shall prevent either party from initiating a small claims court action.
By entering into this Agreement, you and ACTIVISION expressly waive the right to a trial by
jury or to participate in a class action. With respect to this Section 16, References to
"ACTIVISION," "you," and "us" include our respective subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or Software under this or prior
agreements between us. This EULA evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This arbitration provision shall survive termination of this EULA.
A This does not apply to residents of Quebec, Russia and the Member States of the EuropActivisionn Nation.
In case your concern is not resolved by the ACTIVISION Customer Support Interface at http://support.Activision.com, then you and ACTIVISION will resolve any and all disputes by following the mentioned procedure.
The following procedure will cover all disputes that arise between the client (you) and ACTIVISION no matter how these disputes arise.
The sections that are not covered by this Section are the following:
1) Claim concerning intellectual property rights.
2) Claim related to allegations of theft, piracy or unauthorized use.
3) Nothing in this agreement will prevent any of the two parties from starting a “small claims court action”
By entering this agreement, you and ACTIVISION expressly forego the right to trial by jury or a participation in class action.
This provision will survive termination of this EULA.
B. Informal Negotiations/Notice of Dispute. You and ACTIVISION agree to first attempt to resolve any Dispute informally before initiating arbitration. Such negotiations commence
upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices
of Dispute must: (a) include the full name and contact information of the complaining
party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the
specific relief sought ("Demand"). ACTIVISION will send its Notice of Dispute to your billing
address (if you provided it to us) or to the email address you provided to us. You will
send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway,
Redwood City CA 94065, ATTENTION: Legal Department.
Both parties agree to try to resolve any disputes informally before starting arbitration.
These will commence when one party sends the other a Notice of Dispute/Written Notice.
(a) Full name and contact of complaining party
(b) Nature and Basis of dispute.
C. Binding Arbitration. If you and ACTIVISION are unable to resolve a Dispute through
informal negotiations within 30 days after receipt of the Notice of Dispute, either you or
ACTIVISION may elect to have the Dispute finally and exclusively resolved by binding arbitration.
Any election to arbitrate by one party shall be final and binding on the other. YOU
UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT
TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration
Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the
AAA website www.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Rules and, where appropriate, limited by
the AAA Consumer Rules. If such costs are determined by the arbitrator to be
excessive, or if you send ACTIVISION a notice to the Notice of Dispute address above indicating
that you are unable to pay the fees required to initiate an arbitration, then ACTIVISION will
promptly pay all arbitration fees and expenses. The arbitration may be conducted in
person, through the submission of documents, by phone or online. The arbitrator shall
make a decision in writing, and shall provide a statement of reasons if requested by
either party. The arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. You and ACTIVISION may litigate in court to compel
arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter
judgment on the award entered by the arbitrator.
If informal negotiations prove to be futile within 30 days of the receipt of the written notice, either party may choose to resolve it by binding arbitration.
Whichever party makes the decision, it shall be binding on both the parties.
The arbitration will be conducted under the rules mentioned as “Commercial Arbitration Rules” by American Arbitration Association (AAA).
This arbitration might be done/conducted in person, by phone, online or through submission of documents.
D. Restrictions. You and ACTIVISION agree that any arbitration shall be limited to the
Dispute between ACTIVISION and you individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other arbitration proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class action-basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons.
YOU AND ACTIVISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and ACTIVISION agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any
form of a representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this dispute resolution/arbitration provision shall be null and void.
to hold arbitrations individually and that:
(b) No class action procedures
(c) No lawsuit on behalf of the general public or anyone else.
Agree to bring claims individually and not in class or joint proceedings.
E. Location. If you are a resident of the United States, arbitration will take place at
any reasonable location convenient for you. For residents outside the United States,
arbitration shall be initiated in the County of San Mateo, State of California, United
States of America, and you and ACTIVISION agree to submit to the personal jurisdiction of that
court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm,
modify, vacate or enter judgment on the award entered by the arbitrator.
If you’re a US resident the arbitration shall be held at a place convenient for you.
If you’re not a US resident then arbitration shall be started by the courts of San Mateo, California, United States Of America.
You consent to personal jurisdiction of abovementioned court.
F. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits
of any claim you bring against ACTIVISION and issues you an award that is greater in monetary
value than ACTIVISION's last written settlement offer made before final written submissions are
made to the arbitrator, then ACTIVISION will:
(a) Pay you 150% of your arbitration award, up to $5,000 over and above
your arbitration award; and
(b) Pay your attorney, if any, the amount of attorneys' fees, and reimburse
any expenses (including expert witness fees and costs) that you or your
attorney reasonably accrues for investigating, preparing, and pursuing
your claim in arbitration ("the attorney premium").
The arbitrator may make rulings and resolve disputes as to the payment and
reimbursement of fees, expenses, and the alternative payment and the attorney
premium at any time during the proceeding and upon request from either party made
within fourteen (14) days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed above supplements any right to
attorneys' fees and expenses you may have under applicable law, although you may not
recover duplicative awards of attorneys' fees or costs. ACTIVISION waives any right it may have
to seek an award of attorneys’ fees and expenses in connection with any arbitration
If arbitration is in your favour then ACTIVISION will:
(a) Pay you 150% of your arbitration award
(b) Pay your attorney fees and reimburse any legal costs you accrue.
G. Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party's individual claim.
Limits arbitrator’s authority and he can only awar relief in favour of individual seeking relief to the extent necessary.
H. Changes to Agreement. Notwithstanding any provision in this Agreement to the
contrary, we agree that if ACTIVISION makes any future change to this arbitration provision (other
than a change to the Notice of Dispute address), you may reject any such change by sending us written notice within thirty (30) days of the change to the Notice of Dispute
address provided above. By rejecting any future change, you are agreeing that you will
arbitrate any dispute between us in accordance with the language of this provision.
If Activision makes changes to this agreement in the future, you will have 30 days to reject such change and send a written notice.