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GENERAL: This Agreement constitutes the entire understanding between Infogrames Interactive and You with respect to
subject matter hereof. Any change to this Agreement must be in writing, signed by Infogrames Interactive and You. Terms and
conditions as set forth in any purchase order which differ from, conflict with, or are not included in this Agreement, shall not
become part of this Agreement unless specifically accepted by Infogrames Interactive in writing. You shall be responsible for
and shall pay, and shall reimburse Infogrames Interactive on request if Infogrames Interactive is required to pay, any sales,
use, value added (VAT), consumption or other tax (excluding any tax that is based on Infogrames Interactive's net income),
assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority
on the Package.
EXPOR
T AND IMPORT COMPLIANCE: In the event You export the Software or the Documentation from the country in
which You first received it, You assume the responsibility for compliance with all applicable export and re-export regulations,
as the case may be.
GOVERNING LA
W; ARBITRATION: This Agreement shall be governed by, and any arbitration hereunder shall apply, the
laws of the State of New York, U.S.A., excluding (a) its conflicts of laws principles; (b) the United Nations Convention on
Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of
Goods (the "1974 Convention"); and (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
Any dispute, controversy or claim arising out of or relating to this Agreement or to a breach hereof, including its
interpretation, performance or termination, shall be finally resolved by arbitration. The arbitration shall be conducted by three
(3) arbitrators, one to be appointed by Infogrames Interactive, one to be appointed by You and a third being nominated by the
two arbitrators so selected or, if they cannot agree on a third arbitrator, by the President of the American Arbitration
Association ("AAA"). The arbitration shall be conducted in English and in accordance with the commercial arbitration rules
of the AAA. The arbitration, including the rendering of the award, shall take place in New York, New York, and shall be the
exclusive forum for resolving such dispute, controversy or claim. The decision of the arbitrators shall be binding upon the
parties hereto, and the expense of the arbitration (including without limitation the award of attorneys' fees to the prevailing
party) shall be paid as the arbitrators determine. The decision of the arbitrators shall be executory, and judgment thereon may
be entered by any court of competent jurisdiction.
Notwithstanding anything contained in the foregoing Paragraph to the contrary, Infogrames Interactive shall have the right to
institute judicial proceedings against You or anyone acting by, through or under You, in order to enforce Infogrames
Interactive’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. For
the purposes of this Paragraph, both parties submit to the jurisdiction of, and waive any objection to the venue of, the state
and federal courts of the State of New York.
LIMITED W
ARRANTY
:
Infogrames Interactive warrants for a period of ninety (90) days following original retail purchase of this copy of the Software
that the Software is free from substantial errors or defects that will materially interfere with the operation of the Software as
described in the Documentation. This limited warranty: (i) applies to the initial purchaser only and may be acted upon only
by the initial purchaser; and (ii) does not apply to any patch, update, upgrade, modification, or other enhancement provided
by Infogrames Interactive with respect to the Software or the Documentation or to any bonus game provided by Infogrames
Interactive at no extra charge as part of the Package, which are provided on an AS IS BASIS ONLY. EXCEPT AS STATED
ABOVE, INFOGRAMES INTERACTIVE AND ITS LICENSORS MAKE NO OTHER WARRANTY OR CONDITION, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, REGARDING THIS SOFTWARE. THE IMPLIED WARRANTY THAT THE SOFTWARE
IS FIT FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY SHALL BOTH BE LIMITED
TO THE NINETY (90) DAY DURATION OF THIS LIMITED EXPRESS WARRANTY. THESE AND ANY OTHER IMPLIED WAR-
RANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, ARE OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may
not apply to You. This limited warranty gives You specific legal rights, and you may also have other rights which vary from
jurisdiction to jurisdiction.
If you believe you have found any such error or defect in the Software during the warranty period, call Infogrames Interactive
Technical Support at 425-951-7108 between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday (Pacific Time), hol-
idays excluded, and provide your Product number. If a return is determined as necessary, a Return Merchandise Authorization
Number (RMA#) will be issued to you. Send your original CD-ROM disc, game cartridge or disc, or, if applicable, the executable
files that you downloaded, along with the RMA#, a dated proof of purchase, your full name, address and phone number, to
Infogrames Interactive, Inc., Attn: TS/CS Dept., 13110 NE 177th Place, Suite # B101, Box 180, Woodinville, WA 98072-9965.
If you have a problem resulting from a manufacturing defect in the Software, Infogrames Interactive’s and its licensors' entire
liability and Your exclusive remedy for breach of this limited warranty shall be the replacement of the Software, within a rea-
sonable period of time and without charge, with a corrected version of the Software. Some jurisdictions do not allow the
exclusion or limitation of relief, incidental or consequential damages, so the above limitation or exclusion may not apply to You.
LIMITATION OF LIABILITY
INFOGRAMES INTERACTIVE AND ITS LICENSORS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR OTHER INDIRECT DAMAGES, EVEN IF INFOGRAMES INTERACTIVE OR ITS LICENSORS ARE ADVISED OF
OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INFOGRAMES INTERACTIVE'S AND ITS
LICENSORS' AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE OF THIS PACKAGE. Some jurisdictions do not allow
the exclusion or limitation of special, incidental, consequential, indirect or exemplary damages, or the limitation of liability
to specified amounts, so the above limitation or exclusion may not apply to You.
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