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LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
YOUR USE OF this software is subject to this Limited software warranty and License agreement (the “agreement”) and
the terms set forth below. e “SOFTWARE” includes all software included with this agreement, the accompanying
manual(s), packaging and other written, ELECTRONIC OR ONLINE 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
license with [ROCKSTAR GAMES] (“LICENSOR”).
LICENSE: Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive,
non-transferable, limited right and license to use one copy of the Software for your personal use on a single console.
e Software is being licensed to you and you hereby 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 this 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. e
Software is protected by United States copyrig and applicable copyright laws and treaties throughout the world. e
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 penalties.
Be advised that copyright violations are subject to penalties of up to $100,000 per violation. e Software contains certain
licensed materials and LICENSOR’s licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS: You agree not to: (a) Commercially exploit the Software; (b) Distribute, lease, license, sell,
rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent
of LICENSOR; (c) Make copies of the Software or any part thereof; (d) 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 online use, or on
more than one console at the same time; (e) Copy the Software onto a hard drive or other storage device and must run
the Software from the included CD-ROM (although the Software may automatically copy a portion of itself onto your
console during installation in order to run more efficiently); (f) 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; (g) Reverse engineer, decompile, disassemble or otherwise modify the Software,
in whole or in part; (h) Remove or modify any proprietary notices or labels contained on or within the Software; and (i)
transport, export or re-export (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.
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. If for any reason you find a defect in the storage medium during
the warranty period, LICENSOR agrees to replace, 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 program of equal or greater value. is warranty is limited
to the storage medium containing the Software as originally provided by LICENSOR and is not applicable to normal
wear and tear. is warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment,
or 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 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 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 Software, including damages to property, loss of goodwill, computer failure or malfunction and,
to the extent permitted by law, damages for personal injuries, even if Licensor has been advised of the possibility of
such damages. LICENSOR’s liability shall not exceed the actual price paid for use of the Software. 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, so the above limitations and /or exclusion or limitation of liability may not apply to you. is
warranty gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
TERMINATION
: is Agreement will terminate automatically if you fail to comply with its terms and conditions. In
such event, you must destroy all copies of the Software and all of its component parts. You can also end this Agreement
by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the
Software from any client server or computer on which it has been installed.
U.S. GOVERNMENT RESTRUICTED RIGHTS: e 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
forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19,
as applicable. e 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: is 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 enforceable and the remaining provisions of this Agreement shall not be
affected. is Agreement shall be construed under New York law as such law is applied to agreements between New York
residents entered into and to be performed within New York, except as governed by federal law and you consent to the
exclusive jurisdiction of the sate and federal courts in New York, New York.
If you have any questions concerning this license, you may contact in writing
ROCKSTAR GAMES 622 Broadway, New York, NY 10012.
