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26. er 4A 4 END USER LICENSE AGREEMENT This end user license agreement Agreement is a legal agreement between you and WB Games Inc a company duly organized under the laws of the State of Washington with its principal offices at 12131 113th Avenue NE Suite 300 Kirkland WA USA WB Games for the interactive entertainment product including the software included herewith the associated media and any printed materials collectively the Product By installing accessing playing or otherwise using the Product you agree to be bound by the terms of this Agreement If you do not agree to the terms of this Agreement do not install access play or otherwise use the Product Software License WB Games grants to you the non exclusive non transferable revocable limited right and license to use one copy of this Product solely and exclusively for your personal use All rights not specifically granted under this Agreement are reserved by WB Games This Product is licensed not
27. 2 MEER VERSILUCORV SON ST a a EE Hise De
28. WARRANTIES CONDITIONS OR OTHER TERMS APPLICABLE TO THIS PRODUCT INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES CONDITIONS OR OTHER TERMS OF CONDITION UNINTERRUPTED USE MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT ARE HEREBY DISCLAIMED BY WB GAMES SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTIAIN IMPLIED WARRANTIES CONDITIONS OR OTHER TERMS SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY IF ANY SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION THEN SUCH WARRANTIES APPLICABLE TO THIS PRODUCT SHALL BE LIMITED TO THE 180 DAY PERIOD DESCRIBED ABOVE Limitation of Liability TO THE EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL WB GAMES BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES 1 DIRECT 2 SPECIAL 3 CONSEQUENTIAL 4 PUNITIVE 5 INCIDENTAL 6 DAMAGES TO PROPERTY 7 LOSS OF GOODWILL 8 COMPUTER FAILURE OR MALFUNCTION AND 9 DAMAGES FOR PERSONAL INJURIES EXCEPT WHERE SUCH INJURIES ARE CAUSED BY THE NEGLIGENCE OF WB GAMES RESULTING FROM THE POSESSION USE OR MALFUNCTION OF THIS PRODUCT EVEN IF WB GAMES HAS BEEN 32 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WB GAMES LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PRODUCT SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES SO THE ABOVE LIMITATION OR EXCLUSIO
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30. ES LOGO WB SHIELD amp Warner Bros Entertainment Inc s11 db PlayStation PS3 DUALSHOCK and SIXAXIS are registered trademarks of Sony Computer Entertainment Inc XMB isa trademark of Sony Corporation and Sony Computer Entertainment Inc The ESRB rating icons are registered trademarks of the Entertainment Software Association 33 L2 rocksteady
31. N MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY IN SUCH INSTANCES WB GAMES LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY OF WB GAMES WHERE SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW Consumer End Users Only The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer i e a person acquiring goods otherwise than in the course of a business The limitations or exclusions of warranties remedies or liability contained in this Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located General The terms set forth in this Agreement including the Warranty Limitations Disclaimer and Limitation of Liability are fundamental elements of the basis of the agreement between WB Games and you WB Games would not be able to provide the Product on an economic basis without such limitations Such Warranty Limitations Disclaimer and Limitation of Liability inure to the benefit of WB Games licensors successors and assigns This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreement and representations between them with respect to the su
32. Please contact WB Games Customer Service Department by calling us at 410 568 3680 or via email at support wbgames com or on the web at www Batmanarkhamcity com support before returning the Product to a retailer Please do not send any Product to WB Games without contacting us first Limited Warranty WB Games warrants to the best of WB Games ability to the original consumer purchaser of the Product that the medium on which the Product is recorded shall be free from defects in materials and workmanship for a period of one hundred eighty 180 days from the original date of purchase If a defect in materials or workmanship occurs during this one hundred eighty 180 day warranty period WB Games will either repair or replace at WB Games option 31 the Product free of charge In the event that the Product is no longer available WB Games may in its sole discretion replace the Product with a product of comparable value The original purchaser is entitled to this warranty only if the date of purchase is registered at point of sale or the consumer can demonstrate to WB Games satisfaction that the Product was purchased within the last one hundred eighty 180 days To receive warranty service Notify the WB Games Customer Service Department of the problem requiring warranty service by calling 410 568 3680 or emailing support wbgames com If the WB Games service technician is unable to solve the problem by phone or on the web via email he she m
33. ay authorize you to return the Product at your risk of damage freight and insurance prepaid by you together with your dated sales slip or similar proof of purchase within the ninety 90 day warranty period to WB Games Customer Support c o e4e Technical Support 10720 Gilroy Road Hunt Valley MD 21031 WB Games is not responsible for unauthorized returns of Product and reserves the right to send such unauthorized returns back to customer This limited warranty shall not be applicable and shall be void if a the defect in the Product has arisen through abuse unreasonable use mistreatment or neglect b the Product is used with products not sold or licensed by the appropriate platform manufacturer or WB Games including but not limited to non licensed game enhancements and copier devices adapters and power supplies c the Product is used for commercial purposes including rental d the Product is modified or tampered with or e the Products serial number has been altered defaced or removed Warranty Limitations Disclaimer EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW THE PRODUCT IS MADE AVAILABLE TO YOU UNDER THIS AGREEMENT ON AN AS IS BASIS WITH NO WARRANTY OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS EXCEPT AS PROVIDED IN THE LIMITED WARRANTY ABOVE ALL OTHER EXPRESS OR IMPLIED
34. bject matter herein This Agreement may be amended only by a writing executed by both parties If any provision of this Agreement is held to be illegal invalid or unenforceable for any reason such provision shall to the extent required be deemed not to form part of this Agreement and the remaining provisions of this Agreement shall not be affected If a provision is held to be illegal invalid or unenforceable to the extent permitted by the applicable law such provision shall be reformed only to the extent necessary to make it enforceable The controlling language of this Agreement is English If you have received a translation into another language it has been provided for your convenience only This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles California Notwithstanding the foregoing WB Games shall have the right to bring a claim against a Consumer End User in the courts of the jurisdiction in which such Consumer End User is domiciled BATMAN ARKHAM CITY software 2011 Warner Bros Entertainment Inc Developed by Rocksteady Studios Ltd eb DC LOGO BATMAN and all characters their distinctive likenesses and related elements are trademarks of DC Comics O 2011 All Rights Reserved WB GAM
35. he Product derive source code or otherwise attempt to reconstruct or discover any underlying source code ideas algorithms file formats programming or interoperability interfaces of the Product by any means whatsoever except to the extent expressly permitted by law despite a contractual provision to the contrary and then only after you have notified WB Games in writing of your intended activities 7 export or re export the Product or any copy or adaptation thereof in violation of any applicable laws without first obtaining a separate license from WB Games which WB Games may or may not grant in its sole discretion and WB Games may charge a fee for any such separate licenses Because WB Games would be irreparably damaged if the terms of this Agreement were not specifically enforced you agree that WB Games shall be entitled without bond other security or proof of damages to appropriate equitable remedies with respect to breaches of this Agreement in addition to such other remedies as WB Games may otherwise have under applicable laws In the event any litigation is brought by either party in connection with this Agreement the prevailing party in such litigation shall be entitled to recover from the other party all the costs attorneys fees and other expenses incurred by such prevailing party in the litigation Customer Support In the unlikely event of a problem with your Product you may only need simple instructions to correct the problem
36. sold Your license confers no title or ownership in this Product and should not be construed as a sale of any rights to the Product The Product contains font software licensed from third parties Such font software shall only be used with the Product and not extracted from the Product for any purpose All right title and interest in and to this Product and any and all copies thereof including but not limited to any and all titles computer code technology themes objects characters character names stories dialog catch phrases locations concepts artwork music etc are owned by WB Games or its licensors This Product is protected by the copyright laws of the United States international copyright treaties and conventions and other laws This Product contains certain licensed materials and WB Games licensors may protect their rights in the event of any violation of this Agreement You may not 1 copy the Product in its entirety onto a hard drive or other storage device 2 distribute rent lease or sublicense all or any portion of the Product 3 modify or prepare derivative works of the Product 4 transmit the Product over a network by telephone or electronically using any means or permit the use of the Product in a network multi user arrangement or remote access arrangement except in the course of your network multiplayer play of the Product over authorized networks 5 design or distribute unauthorized levels 6 reverse engineer t

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