January 1, 2022

IMPORTANT NOTICE FOR RESIDENTS IN NORTH AMERICA ONLY: THIS AGREEMENT IS

SUBJECT TO BINDING ARBITRATION
AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 16 BELOW.

SOFTWARE LICENSE AND SERVICE AGREEMENT

USE OF THIS SOFTWARE PROGRAM (AND ANY UPDATES), ANY ONLINE SERVICES, OR
DOWNLOADS ASSOCIATED HEREWITH, THE SOFTWARE (INCLUDING FIRMWARE) FOR ANY
RELATED PERIPHERALS (collectively, ”Peripheral”), THE ASSOCIATED MEDIA, PRINTED MATERIALS,
AND DOCUMENTATION (collectively, “Program”) IS SUBJECT TO THIS SOFTWARE LICENSE AND
SERVICE AGREEMENT (“Agreement”). IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR
JURISDICTION OR EIGHTEEN (18) YEARS OF AGE, WHICHEVER IS OLDER, PLEASE ASK YOUR
PARENT OR GUARDIAN TO READ AND ACCEPT THIS AGREEMENT ON YOUR BEHALF BEFORE YOU
USE THE PROGRAM. BY OPENING THIS PACKAGE, DOWNLOADING, INSTALLING, OR USING THE
PROGRAM OR “CLICKING TO ACCEPT,” YOU ACCEPT THE TERMS OF THIS AGREEMENT WITH THE
ACTIVISION CORPORATE ENTITY SET OUT IN SECTION 17 ("Activision") DEPENDING ON WHERE
YOU ACQUIRED AND USE THE PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT
PERMITTED TO INSTALL, COPY, OR USE THE PROGRAM. TO REJECT THESE TERMS, YOU MUST NOT
“CLICK TO ACCEPT” THESE TERMS OR INSTALL, COPY, OR USE THE PROGRAM.

IN CASE OF DISCREPANCIES BETWEEN THE ENGLISH TEXT VERSION OF THIS AGREEMENT AND
ANY TRANSLATION, THE ENGLISH VERSION SHALL PREVAIL.

FOR RESIDENTS IN NORTH AMERICA ONLY: IF YOU REJECT THIS AGREEMENT, YOU CAN
RETURN YOUR PERIPHERAL AND THE PROGRAM AND REQUEST A REFUND FOR YOUR
PERIPHERAL AND THE PROGRAM WITHIN THIRTY (30) DAYS AFTER THE DATE OF YOUR
PURCHASE, BY VISITING http://support.activision.com. ACTIVISION’S PRIVACY POLICY AVAILABLE AT
http://www.activision.com/legal/privacy-policy SHALL BE DEEMED TO BE PART OF THE “AGREEMENT”
ACCEPTED AND AGREED TO BY YOU AND THE TERMS OF SUCH ARE INCORPORATED HEREIN BY
REFERENCE.

FOR RESIDENTS OUTSIDE NORTH AMERICA: IF YOU (OR, IF APPLICABLE, YOUR PARENT OR
GUARDIAN) DO NOT AGREE TO THIS AGREEMENT, THEN YOU MUST NOT USE OR ACCESS THE
PROGRAM OR ANY PART THEREOF. BY “CLICKING TO ACCEPT,” YOU REPRESENT AND WARRANT
THAT YOU ARE A “NATURAL PERSON” WHO IS OVER THE AGE OF EIGHTEEN (18) OR WHOSE
LEGAL GUARDIAN HAS ACCEPTED AND AGREED TO THIS AGREEMENT. IF YOU REJECT THIS
AGREEMENT, YOUR RETURN RIGHTS IN RELATION TO THE PROGRAM ARE GOVERNED BY YOUR
STATUTORY RIGHTS IN THE COUNTRY WHERE YOU BOUGHT THE PROGRAM. PLEASE VISIT
http://support.activision.com. NOTHING IN THIS PARAGRAPH SHALL AFFECT YOUR STATUTORY
RIGHTS. PLEASE NOTE THAT YOUR RIGHTS IN RESPECT OF ONLINE SERVICES AND SERVICE
PROVIDED CONTENT ARE COVERED IN SECTIONS 12 AND 13. YOUR USE OF THE PROGRAM SHALL
BE SUBJECT TO THE TERMS OF ACTIVISION’S PRIVACY POLICY AVAILABLE AT
http://www.activision.com/legal/privacy-policy.

FOR RESIDENT OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM: EXCEPT FOR
SECTION 16 (ARBITRATION AND CLASS ACTION WAIVER), ACTIVISION RESERVES THE RIGHT TO
MODIFY THIS AGREEMENT AT ANY TIME BY ANY MEANS, INCLUDING WITHOUT LIMITATION BY
(1) POSTING THE MODIFICATIONS TO http://support.activision.com/license AND/OR (2) REQUIRING YOU
TO “CLICK TO ACCEPT” THE AGREEMENT, AND YOUR CONTINUED USE OF THE PROGRAM
CONSTITUTES YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY FUTURE MODIFICATIONS TO
THE AGREEMENT ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO NO LONGER BE IN
COMPLIANCE WITH THIS AGREEMENT, YOU MUST TERMINATE, AND IMMEDIATELY STOP USING,
THE PROGRAM. IF ANY FUTURE MODIFICATIONS ARE IMPLEMENTED AS A “CLICK TO ACCEPT”
AGREEMENT, YOU MAY NOT BE ABLE TO CONTINUE USING THE PROGRAM UNLESS YOU
AFFIRMATIVELY ACCEPT THE MODIFIED AGREEMENT.

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January 1, 2022

FOR RESIDENTS IN THE EUROPEAN UNION AND THE UNITED KINGDOM: FROM TIME TO TIME,
ACTIVISION MAY MODIFY, ADD TO, SUPPLEMENT OR DELETE TERMS OF THIS AGREEMENT, FOR
INSTANCE IF THERE IS A CHANGE TO ITS PRODUCTS AND SERVICES, TO IMPROVE PLAYERS’
SAFETY OR IN CASE OF CHANGE IN APPLICABLE LAWS. IF ACTIVISION SUBSTANTIALLY
CHANGES THE TERMS OF THIS AGREEMENT, ACTIVISION WILL NOTIFY YOU IN ADVANCE BEFORE
THE NEW TERMS OF THIS AGREEMENT COME INTO EFFECT AND YOU WILL BE ASKED TO ACCEPT
THOSE CHANGES TO CONTINUE TO USE ACTIVISION PRODUCTS AND SERVICES. YOU WILL HAVE
THE OPTION TO REFUSE THE AMENDED AGREEMENT, BUT IF YOU DO YOU WILL NO LONGER BE
ABLE TO USE SUCH ACTIVISION PRODUCTS AND SERVICES. THE APPLICABLE VERSION OF THE
AGREEMENT IS AVAILABLE ON OUR WEBSITE http://support.activision.com/license, SO WE ADVISE YOU
TO CHECK WHETHER THE TERMS OF THE AGREEMENT HAVE BEEN UPDATED EACH TIME YOU
USE ACTIVISION PRODUCTS AND SERVICES. CHANGES TO THE TERMS OF THIS AGREEMENT WILL
NOT AFFECT YOUR RIGHTS, WILL NOT SUBSTANTIALLY CHANGE THE CONTRACTUAL BALANCE
BETWEEN YOU AND ACTIVISION, AND WILL NOT HAVE RETROACTIVE EFFECT.

FOR RESIDENTS IN AUSTRALIA AND NEW-ZEALAND: NOTHING IN THIS AGREEMENT IS

INTENDED TO EXCLUDE, RESTRICT OR MODIFY, OR HAVE THE EFFECT OF EXCLUDING,
RESTRICTING OR MODIFYING, THE APPLICATION OF ANY APPLICABLE LAWS IN EITHER
AUSTRALIA (UNDER DIVISION 1 OF PART 3-2 OF THE AUSTRALIAN CONSUMER LAW (WHICH FORMS
SCHEDULE 2 TO THE COMPETITION AND CONSUMER ACT 2010 (CTH) (“ACL”)) OR NEW ZEALAND
(UNDER THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993) THAT CANNOT BE EXCLUDED,
RESTRICTED OR MODIFIED BY AGREEMENT BETWEEN US (THE “NON-EXCLUDABLE RIGHTS”). WE
ACKNOWLEDGE THAT, IN AUSTRALIA, FOR MAJOR FAILURES WITH ANY SERVICES, YOU ARE
ENTITLED TO: (A) CANCEL THE CONTRACT FOR THE RELEVANT SERVICE; AND (B) A REFUND OF
THE UNUSED PORTION, OR TO COMPENSATION FOR THE REDUCED VALUE OF THE RELEVANT
SERVICE. FOR A MAJOR FAILURE WITH ANY GOODS, YOU ARE ENTITLED TO A REPLACEMENT OR
REFUND. IF A FAILURE WITH THE GOODS OR SERVICES DOES NOT AMOUNT TO A MAJOR FAILURE,
YOU ARE ENTITLED TO HAVE THE FAILURE RECTIFIED IN A REASONABLE TIME AND, IF THAT IS
NOT DONE, YOU ARE ENTITLED TO A REFUND FOR THE GOODS AND A REFUND OF THE UNUSED
PORTION OF THE SERVICES. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER
REASONABLY FORESEEABLE LOSS OR DAMAGE FROM A FAILURE IN THE GOODS OR SERVICES.

1. SERVICES AND ADDITIONAL TERMS OF SERVICE: USE OF CERTAIN FEATURES OF THE

PROGRAM, INCLUDING ONLINE OR MULTIPLAYER COMPONENTS, OR UPDATED FEATURES,
MAY REQUIRE ASSENT TO ADDITIONAL TERMS OF SERVICE. YOU WILL BE PROVIDED WITH
THESE ADDITIONAL TERMS OF SERVICE AT THE TIME THE APPLICABLE FEATURES ARE MADE
AVAILABLE TO YOU. IF YOU DO NOT ASSENT TO THE ADDITIONAL TERMS OF SERVICE, YOU
MAY NOT BE ABLE TO ACCESS OR USE THE ADDITIONAL FEATURES THAT ARE SUBJECT TO
THE ADDITIONAL TERMS OF SERVICE.

2. LIMITED USE LICENSE: Subject to any system requirements, Activision grants you the non-exclusive, non-
transferable, limited right and license to install and use one copy of the software component(s) of the Program
solely for your personal use. All rights not specifically granted are reserved by Activision. The Program is
licensed, not sold, for your use. Your license confers no title or ownership in the Program, and should not be
construed as a sale of any rights in the Program. This Agreement shall also apply to patches or updates you
may obtain for the Program, unless that patch or update is accompanied by additional terms. YOU
ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THIS
AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY PRODUCT
OR SERVICE PROVIDED CONTENT (AS DEFINED BELOW), INCLUDING, WITHOUT LIMITATION,
ONLINE ACCOUNTS, ANY VIRTUAL CURRENCY OR GOODS, AND YOU FURTHER
ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW ALL RIGHTS IN AND TO SUCH PRODUCTS AND SERVICE PROVIDED CONTENT ARE AND
SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ACTIVISION.

FOR RESIDENTS OUTSIDE NORTH AMERICA: For the avoidance of doubt, nothing in Section 2 shall

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January 1, 2022

limit your right to sell and transfer the physical media containing the Program which you have rightfully
purchased.

3. LICENSE CONDITIONS: This license is subject to the following limitations ("License Limitations"). Any
use of the Program in violation of the License Limitations is a serious violation of this Agreement and will
result in an immediate termination of your license and, if you are a resident outside North America, additional
consequences set out in Section 8(2)(c), and continued use of the Program will be an infringement of
Activision's copyrights and other rights in and to the Program.

A. You agree that you will not do, or allow, any of the following: (1) exploit the Program commercially; (2)
subject to any system requirements, use the Program on more than one system at the same time; (3) make
copies of the Program, in whole or in part; (4) without limiting the foregoing clause (3), copy the Program
onto a hard drive or other storage device unless the Program itself makes a copy during installation, or
unless you are downloading the Program from an authorized Activision online retailer; (5) use the Program
in a network, multi-user arrangement, or remote access arrangement, including any online use except as
included in the Program functionality; (6) sell, rent, lease, license, distribute, or otherwise transfer the
Program; (7) subject to applicable laws, reverse engineer (unless expressly permitted by Activision), derive
source code, modify, decompile, disassemble, or create derivative works of the software and other
proprietary technology in the Program, in whole or in part; (8) create, develop, modify, offer, make
available, distribute, host, promote, advertise, or use any unauthorized software programs to gain advantage
in any offline, online or multiplayer game modes, including, but not limited to, cheats, automation software
(bots), modded lobbies, hacks, mods, or engaging in any form of cheating, boosting or booting (such
behavior will be subject to sanction at Activision’s discretion; for more information see the Program’s
applicable Security and Enforcement Policy available at support.activision.com (9) remove, disable, or
circumvent any proprietary notices or labels contained on or within the Program; or (10) use, access,
download, or otherwise export, reexport, or transfer the Program in contravention of applicable export
control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export
Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the
Treasury’s Office of Foreign Assets Control (“OFAC”).

B. Unless expressly permitted by Activision and subject to applicable local laws, YOU AGREE NOT TO
PERMIT THE SOFTWARE IN THE PERIPHERAL OR ANY PART OF IT TO BE COMBINED WITH,
BECOME INCORPORATED IN, OR USED WITH ANY SOFTWARE PRODUCT OTHER THAN THE
PROGRAM.

FOR RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM:

ALL RIGHTS GRANTED TO YOU UNDER THIS AGREEMENT (INCLUDING YOUR USE OF THE
SOFTWARE IN THE PERIPHERAL) WILL TERMINATE IMMEDIATELY IN THE EVENT THAT
YOU ARE IN BREACH OF ANY OF THE TERMS OF THIS AGREEMENT, THIS PARAGRAPH OR
DO ANYTHING WITH ANY SOFTWARE IN THE PERIPHERAL THAT IS NOT EXPRESSLY
PERMITTED BY THIS AGREEMENT.

FOR RESIDENTS IN THE EUROPEAN UNION AND THE UNITED KINGDOM:

ALL RIGHTS GRANTED TO YOU UNDER THIS AGREEMENT (INCLUDING YOUR USE OF THE
SOFTWARE IN THE PERIPHERAL) WILL TERMINATE IMMEDIATELY IN THE EVENT THAT
YOU SERIOUSLY VIOLATE THE TERMS OF THIS AGREEMENT. VIOLATION OF THIS SECTION
B OR DOING ANYTHING WITH ANY SOFTWARE IN THE PERIPHERAL THAT IS NOT
EXPRESSLY PERMITTED BY THIS AGREEMENT IS A SERIOUS VIOLATION OF THIS
AGREEMENT.

C. You agree not to do any of the following actions while using the Program: (A) harass, threaten, embarrass
or cause distress or discomfort upon another participant, user, or other individual or entity; (B) transmit any
UGC (as defined in Section 14) that Activision considers to be disruptive, unlawful, harmful, threatening,

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January 1, 2022

abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise
objectionable; (C) impersonate any person or entity, including but not limited to Activision; (D) disrupt
normal Program functionality, or otherwise act in a manner that negatively affects other participants and/or
the overall Program experience; (E) post or transmit any unsolicited advertising, promotional materials, or
any other forms of solicitation; (F) intentionally or unintentionally violate any applicable law, regulation or
treaty while using or accessing the Program; (G) post multiple posts of the same content (i.e., “spam”); or
(H) invade the privacy or violate or infringe any right of any person or entity, including, without limitation,
any intellectual property right.

D. You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise
are eligible to utilize the Program under applicable laws and regulations; (2) are not located or ordinarily
resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo,
unless your use of the Program in such country or region is authorized by U.S. law; (3) are not an official,
employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a
government (including any political subdivision, agency, or instrumentality thereof or any person directly
or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party,
Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed
country or region or subject to U.S. sanctions/embargo; and (4) will not use the Program in connection with
an end-use prohibited by U.S. law.

E. Parents and guardians of children under the age of majority in their jurisdiction or 18 years of age,
whichever is older, agree that you will be responsible for all uses of the Program by your child whether or
not such uses were authorized by you.

F. Communications made using a Product should not be considered private. Activision may monitor and/or
record your communications (including without limitation chat text or voice communications) when you
are using a Product, and you hereby provide your irrevocable, express consent to such monitoring and
recording. You acknowledge and agree that you have no expectation of privacy concerning the
transmission of any UGC or communications, including without limitation chat text or voice
communications. Because voice chat and other communications may be viewed and/or heard by other
users, users should avoid revealing any personally identifiable information.

Additionally, Activision may, with or without notice to you, disclose your Internet Protocol (IP)
address(es), personal information, chat logs, and other information about you and your activities consistent
with the Activision Privacy Policy available at https://www.activision.com/legal/privacy-policy.

4. OWNERSHIP: All title, ownership rights, and intellectual property rights in and to the Program are owned by
Activision, affiliates of Activision, or Activision’s licensors. The Program is protected by the copyright laws of
the United States of America, international copyright treaties, conventions and other laws. The Program may
contain certain licensed materials, and Activision’s licensors may protect their rights in the event of any
violation of this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU
ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY
INTEREST IN ANY ACCOUNT STORED OR HOSTED ON AN ACTIVISION SYSTEM (“ACCOUNT”),
AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THESE
ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF
ACTIVISION.
FOR RESIDENTS IN NORTH AMERICA: ACTIVISION MAY SUSPEND, TERMINATE, MODIFY OR
DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR
WITHOUT NOTICE TO YOU.

5. PATCHES AND UPDATES: Activision may deploy or provide mandatory patches, updates, and
modifications to the Program that must be installed for you to continue to use the Program. Broadband internet
is required for such patches, updates, and modifications. You are responsible for any and all broadband access
and usage fees.

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January 1, 2022

FOR RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM: Activision
may update the Program remotely without notifying you, and you hereby grant to Activision consent to deploy
and apply such patches, updates, and modifications.
FOR RESIDENTS IN THE EUROPEAN UNION AND THE UNITED KINGDOM: Activision may
update the Program remotely without notifying you, provided that any such updates do not result in material
derogation in the functionality of the Program, and you hereby grant to Activision consent to deploy and apply
such patches, updates, and modifications.

6. LIMITED HARDWARE WARRANTY (RESIDENTS IN NORTH AMERICA AND AUSTRALIA

ONLY):

6(A) Activision warrants to the original consumer purchaser of this Program that the physical media on which
this Program is stored and any physical accessories (together the “Goods”) will be free from defects in material
and workmanship for 90 days from the date of purchase. If the Goods are found defective within 90 days of
original purchase, Activision agrees to replace, free of charge, the applicable defective Goods within the
applicable 90 day period, upon its receipt of the Program (postage paid, with proof of the date of purchase) so
long as the Goods are still being manufactured by Activision. If the Goods are no longer available, Activision
retains the right to substitute similar goods of equal or greater value. This warranty is limited to the Goods, as
originally provided by Activision, and is not applicable to normal wear and tear. This 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 HEREIN, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED.

For residents in North America: For information about warranty replacement, or other customer service
inquires, visit http://support.activision.com. If a replacement is appropriate you will need to return: (1) the
original Goods; (2) a copy of your dated sales receipt; (3) your name and return address; (4) a description of the
defect and the problem(s) you are encountering; and (5) the incident/RMA number given to you by Customer
Support. In the United States, send to: Warranty Replacements, Activision Publishing, Inc., 100 N. Pacific
Coast Highway, Suite 900, El Segundo, CA 90245; outside of the United States please visit
http://support.activision.com.

For residents of Australia: This warranty is provided in addition to other rights and remedies you may have
regarding the Goods provided to you in this game bundle, under the Australian Consumer Law. The Goods
come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or
damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable
quality and the failure does not amount to a major failure. Please contact Activision on 1300 748 995 or email
ausupport@activision.com or mail PO Box 544 Pyrmont NSW 2009 Australia if you have an issue with the
Goods provided to you in this game bundle. If a replacement or repair is required Activision will instruct you on
the process. As part of the process you may be asked to send: (1) the physical media (for example, CD-
ROM/DVD/Blu-ray Disc/cartridge (not including manual or case)) in protective packaging; (2) the accessory;
(3) photocopy of your dated sales receipt; (4) your name and return address typed or clearly printed; (5) a brief
note describing the defect, the problem(s) you are encountering, and the system on which you are running the
software; and (6) the incident number given to you by Customer Support. You may be required to also send a
cheque or money order but if your claim is determined to be valid you may be entitled to a refund of this
amount. Unless otherwise directed by Customer Support, please send items to be replaced (registered mail
recommended) to Limited Physical Media/Peripheral Warranty Replacements, Activision Blizzard Australia Pty
Ltd, PO Box 544 Pyrmont NSW 2009 Australia . The provisions of the Limitation of Damages clause below
apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth).

6(B). LIMITED HARDWARE WARRANTY (RESIDENTS OF ALL COUNTRIES OTHER THAN

NORTH AMERICA AND AUSTRALIA ONLY): The warranty for the Program is provided in accordance
with your statutory rights as a consumer which will always prevail. For information about Activision's
procedures on replacements of the Program in the European Union and other countries outside of North
America and Australia, or other customer service inquires please check: http://support.activision.com.

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January 1, 2022

7. LIMITATION OF DAMAGES

7(A) FOR RESIDENTS IN NORTH AMERICA:

ACTIVISION SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM,
INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE
EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS
BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. ACTIVISION’S LIABILITY SHALL
NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE PROGRAM. SOME
STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS
AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION.

7(B) FOR RESIDENTS OUTSIDE NORTH AMERICA:

NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ACTIVISION'S LIABILITY TO YOU:

▪ FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
▪ FOR FRAUDULENT MISREPRESENTATION; OR
▪ FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER THE LAWS OF THE JURISDICTION
WHERE YOU RESIDE, BE LIMITED OR EXCLUDED.
SUBJECT TO THIS, IN NO EVENT SHALL ACTIVISION BE LIABLE TO YOU FOR ANY BUSINESS
LOSSES AND ANY LIABILITY ACTIVISION DOES HAVE FOR LOSSES YOU SUFFER IS STRICTLY
LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND SHALL NOT, IN
AGGREGATE, EXCEED THE GREATER OF THE FOLLOWING: THE TOTAL PRICE PAID BY YOU
FOR THE PROGRAM (PLUS ANY PAID-FOR SERVICE PROVIDED CONTENT) OVER THE PREVIOUS
12-MONTHS FROM THE DATE ON WHICH THE LIABILITY ARISES; OR THE SUM OF GBP£500 OR
EQUIVALENT AMOUNT UNDER THE CURRENT FOREIGN EXCHANGE RATE.

8. TERMINATION:
1. FOR RESIDENTS OF NORTH AMERICA: Without prejudice to any other rights of Activision, if you
fail to comply with the terms and conditions of this Agreement and subject to the severity of your breach,
Activision, at its discretion, may either sanction your behavior or terminate this Agreement. The applicable
Program’s Security and Enforcement Policy available at support.activision.com sets out more in detail
sanctionable actions and the types of applicable sanctions. In the event of termination for this reason, you
must destroy all copies of the Program and all of its component parts. You may also terminate the
Agreement at any time by permanently deleting any installation of the Program, and destroying all copies
of the Program in your possession or control.
2. FOR RESIDENTS OUTSIDE OF NORTH AMERICA:
a. ACTIVISION MAY TERMINATE THE LICENSE GRANTED TO YOU UNDER THIS
AGREEMENT AND/OR SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT AT ANY
TIME WITHOUT GIVING YOU ANY PRIOR NOTICE IF YOU SERIOUSLY VIOLATE THIS
AGREEMENT. SERIOUS VIOLATIONS ARE VIOLATIONS OF IMPORTANT PROVISIONS
WHICH INCLUDE SECTION 3, 11(A) AND 11(D) OF THIS AGREEMENT, REPEATED
VIOLATIONS OF OTHER PROVISIONS OF THIS AGREEMENT (INCLUDING FURTHER
NON-COMPLIANCE WHERE YOU HAVE ALREADY RECEIVED A PRIOR WARNING),
OR AS OTHERWISE DETAILED IN THE APPLICABLE PROGRAM’S SECURITY AND
ENFORCEMENT POLICY AVAILABLE AT support.activision.com. IF YOU THINK THAT
SUCH DECISION WAS TAKEN WRONGLY, YOU CAN CONTACT ACTIVISION AT
support.activision.com. IF ACTIVISION CANNOT RESOLVE YOUR COMPLAINT AND
YOU ARE A RESIDENT OF THE EUROPEAN UNION, YOU CAN USE THE ONLINE
DISPUTE RESOLUTION PLATFORM SET UP BY THE EUROPEAN COMMISSION WHICH
YOU CAN ACCESS AT http://ec.europa.eu/odr.

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January 1, 2022

b. ACTIVISION MAY ALSO TERMINATE THE LICENSE GRANTED TO YOU UNDER THIS
AGREEMENT AND/OR SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT IF IT HAS
ANOTHER VALID REASON TO DO SO (FOR EXAMPLE, CEASING AN ONLINE
SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS
CONTINUING TO MAKE USE OF THE SERVICE OVER TIME) OR WITHOUT REASON
BY GIVING YOU A REASONABLE PRIOR NOTICE.
c. IF ACTIVISION TERMINATES THE LICENSE GRANTED TO YOU UNDER THIS
AGREEMENT AND/OR SUSPENDS OR DELETED YOUR ACCOUNT, THIS MEANS
THAT:
i. YOUR ACCESS TO AND RIGHT TO USE THE PROGRAM WILL BE REVOKED.
3. The following provisions shall survive termination of this agreement: LICENSE CONDITIONS
(SECTION 3), OWNERSHIP (SECTION 4), LIMITED HARDWARE WARRANTY (SECTIONS 6A
AND 6B), LIMITATION OF DAMAGES (SECTIONS 7A AND 7B), TERMINATION (SECTION 8),
INDEMNITY (SECTION 10), SERVICE PROVIDED CONTENT (SECTION 11), AVAILABILITY
(SECTION 12), ACCESS (SECTION 13), BINDING ARBITRATION AND CLASS ACTION WAIVER
(SECTION 16), JURISDICTION AND APPLICABLE LAW (SECTION 17), AND MISCELLANEOUS
(SECTION 18).

9. For residents in North America-- U.S. GOVERNMENT RESTRICTED RIGHTS: The Program has 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 Data
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. The
Contractor/Manufacturer is Activision Publishing, Inc., 3100 Ocean Park Boulevard, Santa Monica, California
90405.

10. For residents in North America-- INDEMNITY: You agree to indemnify, defend, and hold Activision, its
partners, affiliates, licensors, contractors, officers, directors, employees, and agents harmless from all damages,
losses and expenses arising directly or indirectly from your breach of this Agreement and/or your acts and
omissions in using the Program pursuant to the terms of this Agreement.

11. SERVICE PROVIDED CONTENT: “Service Provided Content" consists of all virtual materials, information
and content provided to you (e.g., unlockable content, accounts, stats, virtual assets, virtual currencies, codes,
achievements, virtual rewards, credits, access, shows, tokens, coins, power-ups, and customizations) in
connection with your use of the Program, including the Online Services, which you need to "earn", "grind",
"buy" and/or "purchase" in order to obtain additional content.

While the Program may allow you to “earn,” “grind,” "buy," or "purchase" Service Provided Content within or
in connection with gameplay, you do not in fact own or have any property interest in the Service Provided
Content and the price of any Service Provided Content does not refer to any credit balance of real currency or
its equivalent. Unless otherwise specified in writing, any Service Provided Content that you receive is licensed
to you as set forth herein, and you shall have no ownership right thereto in any Service Provided Content.

a. You may not, sell, lend, rent, trade, or otherwise transfer any Service Provided Content, except for other
Service Provided Content where applicable. Any sale of Service Provided Content, including, but not
limited to, virtual currency for “real” money or exchange of those items or virtual currency for value
outside of the Program is prohibited.

b. Service Provided Content may be altered, removed, deleted, or discontinued by Activision (e.g., upon
termination of this Agreement and/or cessation of online support for the Program as set out in Section 8)
even if you have not “used” or “consumed” the Service Provided Content prior to alteration, removal,
deletion, or discontinuation. Without limiting the above, Service Provided Content may include virtual
coins, points or other virtual currencies (“Virtual Currency”).

c. By purchasing or otherwise acquiring Virtual Currency, you obtain a limited license (which is revocable by

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January 1, 2022

Activision at any time unless otherwise required by applicable laws and, for residents outside North
America only, in accordance with Section 8) to access and select from other Service Provided Content.
Virtual Currency has no monetary value and does not constitute currency or property of any type. Virtual
Currency may be redeemed for other Service Provided Content only, if at all. Subject to applicable local
law, Virtual Currency is non-refundable and You are not entitled to a refund or any other compensation
such as Service Provided Content for any unused Virtual Currency. Any unused Virtual Currency is non-
exchangeable. Activision may revise the pricing for the Service Provided Content and Virtual Currency
offered through the Program at any time. Activision may limit the total amount of Service Provided
Content or Virtual Currency that may be purchased at any one time, and/or limit the total amount of Service
Provided Content or Virtual Currency that may be held in your account in the aggregate.

d. You are only allowed to purchase Service Provided Content or Virtual Currency from Activision or our
authorized partners through the Program, and not in any other way.

e. Activision reserves the right to refuse your request(s) to acquire Service Provided Content and/or Virtual
Currency. You agree that you will be solely responsible for paying any applicable taxes related to the
acquisition of, use of or access to Service Provided Content and/or Virtual Currency.

f. There may be Service Provided Content (should you choose to purchase it) which will require you to make
a payment with real money, the amount of which will be set out in the Program. All Service Provided
Content will be made available immediately when you purchase it with real money and you acknowledge
that this is the case and that you will have no right to change your mind and cancel (sometimes known as a
'cooling off' right) once your purchase is complete. Depending on your platform, any Service Provided
Content purchased, will be purchased from your platform provider and such purchase will be subject to
their respective Terms of Service and User Agreement. Please check usage rights for each purchase as these
may differ from item to item. Unless otherwise shown, content available in any in-game store has the same
age rating as the game.

12. AVAILABILITY:

12(A) For residents in North America: Activision does not guarantee that any online services, play or
features associated with the Program (collectively, “Online Services”) or Service Provided Content will be
available at all times or at any given time or that Activision will continue to offer Online Services or Service
Provided Content for any particular length of time. Activision may change and update Online Services or
Service Provided Content without notice to you. Activision makes no warranty or representation regarding the
availability of Online Services and reserves the right to modify or discontinue Online Services in its sole
discretion without notice, including for example, ceasing an Online Service for economic reasons due to a
limited number of users continuing to make use of the Online Service over time. NOTWITHSTANDING
ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ONLINE
SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT ACTIVISION’S SOLE
DISCRETION WITHOUT NOTICE TO YOU, AND IN CONNECTION WITH ONLINE SERVICES’
TERMINATION, ANY AND ALL SERVICE PROVIDED CONTENT LICENSED TO YOU MAY BE
TERMINATED. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE
TERMINATION OF ONLINE SERVICES AND ANY LOSS OF SERVICE PROVIDED CONTENT OR
OTHERWISE.

12(B) For residents outside North America: Subject to the next sentence, Activision does not guarantee that
the Program, any Online Services or Service Provided Content will be available or error-free at all times or at
any given time. Activision warrants that the Program, in addition to any Online Services and Service Provided
Content which has been paid-for with real money, will substantially comply with the description provided by it
at the point of purchase and be of satisfactory quality (in addition any related services provided through them
will be provided with reasonable care and skill). Activision reserves the right to modify or discontinue the
Program, Online Services or Service Provided Content in its sole discretion upon reasonable notice to you,
including for example, ceasing Online Services for economic reasons due to a limited number of users
continuing to make use of them over time. Activision may change and update (or require You to update) the
Program, Online Services or Service Provided Content without notice to you to implement minor technical

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January 1, 2022

adjustment and improvements (for example, to address a security threat) or to reflect changes in relevant laws
and regulatory requirements provided always that any such changes do not result in material degradation in the
functionality of the Program, Online Services or any Service Provided Content which has been paid-for with
real money). Activision may also make other changes to the Program, Online Services or Service Provided
Content by giving You a reasonable prior notice. If such changes are not acceptable to You, You may contact
Activision to terminate Your license before the changes take effect and discuss refund options for any service or
content paid for but not received. Activision is not liable or responsible for any failure to perform, or delay in
performance of, any of its obligations that is caused by events outside its reasonable control. If such
circumstances result in material degradation in the functionality of the Program or Service Provided Content
then your obligation to make any payment to download, use or access them will be suspended for the duration
of such period. The warranty for Online Services and/or Service Provided Content which are paid for with real
money is provided in accordance with your statutory rights as a consumer which will always prevail. Please see
Section 7 in respect of Activision's limitation on damages, but nothing in this paragraph shall affect your
statutory rights.

13. ACCESS: YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE
THE PROGRAM AND SERVICES. You acknowledge and agree that you will provide at your own cost and
expense the equipment, Internet, or other connection charges required to access and use the Program. Activision
makes no warranty that the Program can be accessed or used on all systems, controllers, or devices, by means of
any specific Internet or other connection provider, or in all territories. The Program may integrate, be integrated
into, or be provided in connection with third-party services and content. Activision does not control those third-
party services and content. You should read the terms of use agreements and privacy policies that apply to such
third-party services and content. You acknowledge that you are not entitled to any Program related adjustments
to your registered region, associated store prices, or content.

You acknowledge that you are not entitled to any Program related adjustments to your registered region, associated
store prices, or content.

14. USER GENERATED CONTENT: The Program may include means by which you and other users may share
user generated content (“UGC”). To the fullest extent permitted by applicable law, by submitting any UGC you
automatically grant (or represent and warrant that the owner of such rights has expressly granted) Activision a
perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such
UGC content into any form, medium, or technology now known or later developed throughout the universe, and
agree that Activision shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial
or otherwise, without compensation (but subject to applicable local legislation), notice or attribution. You
waive and agree not to assert against Activision or any of its partners, affiliates, subsidiaries or licensees, any
moral or similar rights you may have in any of your UGC. To the extent the Program permits other users to
access and use your UGC, you also grant such users the right to use, copy, modify, display, perform, create
derivative works from, and otherwise communicate and distribute your UGC on or through the Program without
further notice, attribution or compensation to you. You may only upload your own UGC to the Program; do not
upload anyone else’s UGC. Activision reserves the right (but has no obligation) to remove, block, edit, move,
or disable UGC for any reason in Activision’s sole discretion. Activision is not responsible for, and does not
endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users.

For residents of all countries outside North America: Users of the Program create, upload, download and use
UGC at their own risk. If you upload or make available to other users your UGC via our Program, we do not
control, monitor, endorse or own your UGC, and you are commissioning us to host and make available such
UGC subject to the above license.

Complaints about the content of any UGC must be sent to legalaffairs@activision.com and must contain details
of the specific UGC giving rise to the complaint.

15. For residents in North America-- COPYRIGHT NOTICE:

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January 1, 2022

If you believe that any content appearing in the Program and/or UGC has been copied in a way that constitutes
copyright infringement, please forward the following information to the copyright agent named below. Your
copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You
are encouraged to review 17 U.S.C. § 512(c)(3) or consult with an attorney prior to sending a notice hereunder.
To file a copyright infringement notice, you will need to send a written communication that includes the
following to the address listed below: (a) your name, address, telephone number, and email address; (b) a
description of the copyrighted work that you claim has been infringed; (c) the exact URL or a description of
where the alleged infringing material is located; (d) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical
signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by
you, under penalty of perjury, that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent
Activision Publishing, Inc.
3100 Ocean Park Boulevard
Santa Monica, California 90405
Attn: Activision Business and Legal Affairs
Fax: (310) 255-2152
E-Mail: legalaffairs@activision.com

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if
you knowingly misrepresent that material or activity is infringing. Please also note that the information
provided in your copyright infringement notice may be provided to the person responsible for the allegedly
infringing material.

16. For residents in North America-- BINDING ARBITRATION AND CLASS ACTION WAIVER:

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled
in and/or acquired and use the Program in the United States. These provisions may also apply to you if you are
domiciled in and/or acquired and use the Program from outside the United States. See JURISDICTION AND
APPLICABLE LAW below for details.

Initial Dispute Resolution: Activision's Customer Support department is available at

https://support.activision.com/ to address any concerns you may have regarding the Program. Most concerns are
quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any
dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a
precondition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time
informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding
arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims
arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the
parties' relationship with each other and/or your use of the Program shall be finally settled by binding arbitration
administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined
Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This
arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration
Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement
notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal,
state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim
that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator

10
January 1, 2022

shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's
award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at
(800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS
Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent
applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the
extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Activision will pay the additional cost.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a
jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of
litigation and the right to discovery may be more limited in arbitration than in court.

Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the
United States convenient for you. For residents outside the United States, arbitration shall be initiated in Los
Angeles County, California, and you and Activision agree to submit to the personal jurisdiction of any federal or
state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities
only and not as a class action or other representative action, and the parties expressly waive their right to file a class
action or seek relief on a class basis. 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. If any court or
arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason
or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null
and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties'
decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only
asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark
infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you
for the Program under this Agreement. Either party may also seek relief in a small claims court for disputes or
claims within the scope of that court's jurisdiction.

30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action
waiver provisions set forth in the "Binding Arbitration," "Location," and "Class Action Waiver" paragraphs above
by sending written notice of your decision to opt-out to the following address: Activision Publishing, Inc., 3100
Ocean Park Boulevard, Santa Monica, CA 90405-3032, Attn: Legal. The notice must be sent within 30 days of
purchasing the Program (or if no purchase was made, then within 30 days of the date on which you first access or
use the Program and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the
terms of those paragraphs. If you opt-out of these arbitration provisions, Activision also will not be bound by them.

Changes to this Section: Activision will provide 60-days’ notice of any changes to this Section. Changes will
become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

17. JURISDICTION, APPLICABLE LAW AND CONTRACTING PARTIES

The Program is made available subject to the terms of this Agreement. If you acquired and use the Program
from:
A. For residents in the United States, Mexico, or Canada, then any claims arising out of this Agreement
(including interpretation, claims for breach, and all other claims (including consumer protection, unfair
competition, and tort claims)) will be subject to the laws of the State of Delaware, without reference to conflict
of laws principles. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth
above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and

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January 1, 2022

all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims
(including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state
where you were a citizen at the time you obtained or bought the Program that was subject to this Agreement. In
addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los
Angeles County, California to resolve any claims that are subject to exceptions to the arbitration agreement
described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not
to be arbitrable.
B. For residents in the European Union, then the laws of England and Wales govern the interpretation of this
Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other
claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be
subject to the laws of the European Union country (e.g., the United Kingdom, the French Republic, or the
Federal Republic of Germany) in which you acquired and use the Program. In addition, with respect to
jurisdiction, you may choose either the courts of the country (e.g., the United Kingdom, the French Republic, or
the Federal Republic of Germany) in which you acquired and use the Program, or in the alternative the courts of
England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.
C. For residents in Australia or Japan, then the laws of Australia govern the interpretation of this Agreement
and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including
claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of
the country in which you acquired and use the Program (being either Australia or Japan). To the extent
permitted by applicable law, you agree to the jurisdiction of the courts of New South Wales, Australia.
D. For residents in the Rest of the World, If you acquired and use this Program from countries other than
those listed in sections A, B and C above, then you do so on your own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold
harmless Activision from any and all claims, loss, injury, damage, or costs arising from your use of the Program
to the extent permitted by applicable law. No warranty or representation is made by Activision that the Program
or any use of the Program outside of the countries listed in sections A, B and C above complies with any
applicable local law. Further your use of the Program and all claims arising out of or related to the Program or
this Agreement will, to the extent permitted under applicable law, be subject to the laws of England and Wales,
without reference to conflict of laws principles and you consent to the jurisdiction of the courts of England and
Wales.

E. Contracting Parties
For residents in the United States, Mexico, or Canada, you are contracting with Activision Publishing, Inc.,
3100 Ocean Park Boulevard, Santa Monica, CA 90405-3032.
For residents in EMEA (Europe including United Kingdom, Middle East and Africa, Russia), you are
contracting with Activision Blizzard UK Ltd, The Ampersand Building, 178 Wardour Street, London, United
Kingdom, W1F 8FY
For residents in LATAM (excluding Mexico), when using the Program on:
- the Battle.net platform as well as any Nintendo platforms, you are contracting with Activision Publishing,
Inc. of 3100 Ocean Park Boulevard, Santa Monica, CA 90405-3032
- any other platforms (including Sony and Microsoft Xbox console platforms or through a mobile device),
you are contracting with Activision Blizzard International LLC of 3100 Ocean Park Boulevard, Santa
Monica, CA 90405-3032
For residents in Korea, (except when using the Program through a mobile device which is excluded) you are
contracting with Blizzard Entertainment Limited of 15F, Parnas Tower, 521, Teheran-ro, Gangnam-gu, Seoul,
Korea
For residents in APAC (excluding Korea), when using the Program on:
- the Battle.net platform as well as any Sony and/or Nintendo platforms, you are contracting with Activision
Publishing, Inc. of 3100 Ocean Park Boulevard, Santa Monica, CA 90405-3032
- a mobile device (except in the following territories which are excluded: Hong Kong, Macau, and Taiwan,
South Korea, Vietnam, Thailand, Malaysia, Indonesia, Philippines, Singapore, Laos, Brunei, Myanmar,

12
January 1, 2022

Cambodia, and East Timor) you are contracting with Activision Blizzard International LLC of 3100 Ocean
Park Boulevard, Santa Monica, CA 90405-3032
- any other platforms (including Microsoft Xbox console platforms), you are contracting with Activision
Blizzard International LLC of 3100 Ocean Park Boulevard, Santa Monica, CA 90405-3032.

To the fullest extent permitted by applicable law, if any user outside of the United States is entitled to
commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by
the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above.

18. MISCELLANEOUS: This Agreement is the complete agreement concerning this license between the parties
and supersedes all prior agreements and representations between them. If any provision of this Agreement is
held to be unenforceable, the applicable provision shall be reformed only to the extent necessary to make it
enforceable and the remaining provisions of this Agreement shall not be affected, except as otherwise expressly
provided herein.

19. SUPPLEMENTAL TERMS– GERMANY

The following Sections below supersede and replace the corresponding Sections above for residents in
Germany:

Modification of Terms: From time to time, Activision may need to amend this Agreement, for example to
reflect or include new products or services, to enhance security for users or because of changes in the law. If
Activision makes such a change to this Agreement we will inform you of the particular changes in advance no
later than thirty (30) calendar days before such changes come into force and you shall be deemed to have
accepted these changes (i) unless you have notified us of your objection to such changes within thirty (30)
calendar days from the moment of receipt of notification from us, or (ii) if you use the Program after the
changes have entered into force. In the notification, we will inform you of your right to object, of the applicable
notice period and the legal consequences of a failure to object.

The latest version of this Agreement will always be available on our website, so we recommend that you check
for updates to this Agreement each time you use the Program. Changes to the Agreement shall not affect your
accrued rights, shall not substantially disrupt the contractual balance between you and us under this Agreement
and shall not have retroactive effect.

▪ Service Provided Content: In addition to the above, the following Right of Withdrawal shall apply to
German residents.
▪
If you are a consumer (i.e. a natural person who enters into a legal transaction for purposes that predominantly
are outside his trade, business or profession), then you shall have a right of withdrawal as set out hereafter.
▪
▪ Information concerning the exercise of the right of withdrawal

● Right of Withdrawal
●
● You have the right to withdraw from any Purchase Contract within 14 calendar days without giving any
reason. The withdrawal period will expire after 14 calendar days from the day of the conclusion of the Purchase
Contract. To exercise the right of withdrawal, you must inform us (Activision Blizzard UK Ltd of The
Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom) contact details available at
www.support.activision.com of your decision to withdraw from a Purchase Contract by an unequivocal
statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form attached
hereafter, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your

13
January 1, 2022

communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
●
● Effects of withdrawal
●
● If you withdraw from the Purchase Contract, we shall reimburse to you all payments received from you under
this Purchase Contract, including the costs of delivery (with the exception of the supplementary costs resulting
from your choice of a type of delivery other than the least expensive type of standard delivery offered by us),
without undue delay and in any event not later than 14 calendar days from the day on which we are informed
about your decision to withdraw from this Purchase Contract. We will carry out such reimbursement using the
same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in
any event, you will not incur any fees as a result of such reimbursement.
●
● If you requested to begin the performance of services under a Purchase Contract during the withdrawal
period, you shall pay us an amount which is in proportion to what has been provided until you have
communicated us your withdrawal from that Purchase Contract, in comparison with the full coverage of these
services under the Purchase Contract.
●
▪ End of the information concerning the exercise of the right of withdrawal

● You lose your right of withdrawal, insofar as the Purchase Contract is a service contract, after the service has
been fully performed and if the performance has begun with your prior express consent, and with the
acknowledgement that you will lose your right of withdrawal once the service has been fully performed by us.
●
● You lose your right of withdrawal insofar as the Purchase Contract comprises the supply of digital content
which is not supplied on a tangible medium if the performance has begun with your prior express consent and
your acknowledgment that you thereby lose your right of withdrawal.

Based on the aforesaid you understand that by purchasing Service Provided Content, you consent that we make
available these Service Provided Content to you directly after we have accepted your order. You will lose your
right of withdrawal once the Service Provided Content have been made fully available to you by us. However,
your right of withdrawal is not lost if you purchase Virtual Goods that are granted to you for a certain period of
time (e.g. time-limited premium memberships).
****

Model withdrawal Form

Please complete and return this withdrawal form if you wish to withdraw from a contract with us.

- To: Activision Blizzard UK Ltd of The Ampersand Building, 178 Wardour Street, London, W1F 8FY,
United Kingdom ,
- I/We hereby give notice that I/We withdraw from my/our contract for the purchase of the
following goods/ the provision of the following services:*
- Ordered/ received on*:
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s): (only required if this form is notified on paper)
- Date:

(*) Delete where appropriate.

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