Manual 2K Borderlands 2 (page 19 of 19) (English)

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BY LAW, DAMAGES FOR PERSONAL INJURIES,

PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE

DAMAGES FROM ANY CAUSES OF ACTION ARISING

OUT OF OR RELATED TO THIS AGREEMENT OR THE

SOFTWARE, WHETHER ARISING IN TORT (INCLUDING

NEGLIGENCE), CONTRACT, STRICT LIABILITY OR

OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL

DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE

LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR

USE OF THE SOFTWARE. BECAUSE SOME STATES/

COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW

LONG AN IMPLIED WARRANTY L ASTS AND/OR

THE EXCLUSION OR LIMITATION OF INCIDENTAL

OR CONSEQU EN TIA L DAM AGES, THE A BOV E

LIMITATIONS AND/OR EXCLUSION OR LIMITATION

OF LIABILIT Y MAY NOT A PPLY TO YOU. THIS

WARRANTY SHALL NOT BE APPLICABLE SOLELY

TO THE EXTENT THAT ANY SPECIFIC PROVISION OF

THIS WARRANTY IS PROHIBITED BY ANY FEDERAL,

STATE, OR MUNICIPAL LAW, WHICH CANNOT BE

PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC

LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS

THAT VARY FROM JURISDICTION TO JURISDICTION.

TE RMIN AT ION. This 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 RESTRICTED RIGHTS. The Software

and documentation have been developed entirely at

private expense and are provided as “Commercial

Computer Sof t w are” or “restricted c omputer

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. The 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, or proof of damages, to appropriate equitable

remedies with respect to any of this Agreement, in

addition to any other available remedies. INDEMNITY.

You agree to indemnify, defend and hold Licensor, its

partners, licensors, afﬁ liates, contractors, ofﬁ cers,

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. This 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. GOVERNING LAW. This Agreement shall

be construed (without regard to conﬂ icts or choice

of law principles) under the laws of the State of New

York, 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.

Unless expressly waived by Licensor in writing for

the particular instance or contrary to local law, the

sole and exclusive jurisdiction and venue for actions

related to the subject matter hereof shall be the state

and federal courts located in Licensor’s principal

corporate place of business (New York County, New

York, U.S.A.). Both parties consent to the jurisdiction

of such courts and agree that process may be served

in the manner provided herein for giving of notices

or otherwise as allowed by New York state or federal

law. The parties agree that the UN Convention on

Contracts for the International Sale of Goods (Vienna,

1980) shall not apply to this Agreement or to any

dispute or transaction arising out of this Agreement.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS

LICENSE, YOU MAY CONTACT IN WRITING TAKE-TWO

INTERACTIVE SOFTWARE, INC. 622 BROADWAY,

NEW YORK, NY 10012.

This videogame is ﬁ ctional and depicts invented events,

persons, locations, and entities. The inclusion of any

brand, weapon, location, vehicle, person or thing does

not imply sponsorship, afﬁ liation, or endorsement of

this game. The makers and publishers of this game

do not endorse, condone or encourage engaging in

conduct depicted in this product.

distributed by 2K Gam es. Ge a r box S o f t ware,

Borderlands, and the Gearbox and Borderlands logos

are trademarks of Gearbox Software, LLC. 2K Games

and the 2K Games logo are trademarks of 2K Games

in the US and/or other countries. Unreal, the circle-U

logo and the Powered by Unreal Technology logo

are trademarks or registered trademarks of Epic

Games, Inc. in the United States and elsewhere. Uses

Tools, Inc. This software product includes Autodesk®

Autodesk and Scaleform are registered trademarks

or trademarks of Autodesk, Inc., and/or its subsidiaries

and/or afﬁ liates in the USA and/or other countries.

Fur ther to the Information Collection & Usage

paragraph above, such information may be collected,

shared, and/or used by either Licensor or the developer

Gearbox Software LLC. For information about Gearbox,

see www.gearboxity.com.

CUSTOMER SUPPORT: http://support.2k.com/

U.S. Support: Phone: 1-866-219-9839

Email: usasupport@2k.com

Canadian Support: Phone: 1-800-638-0127

Email: canadasupport@2k.com

contributions through use of the Software give rise

to any copyright interest, you hereby grant Licensor

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 Licensor’s

and other players’ use and enjoyment of such assets

in connection with the Software and related goods

and services under applicable law. This license grant

to Licensor, and the above waiver of any applicable

moral rights, survive any termination of this License.

INTERNET CONNECTION. The Software may require an

internet connection to access internet-based features,

authenticate the Software, or perform other functions.

In order for certain features of the Software to operate

properly, you may be required to have and maintain (a)

an adequate internet connection and/or (b) a valid and

active account with an online service as set forth in the

Software documentation, including but not limited to

Windows Live, Licensor or a Licensor afﬁ liate. If you

do not maintain such accounts, then certain features of

the Software may not operate or may cease to function

properly, either in whole or in part.

II. INFORMATION COLLECTION & USAGE. By

installing and using this software, you consent to these

information collection and usage terms, including

(where applicable) transfer of data to Licensor and

afﬁ liated companies into a country outside of the

European Union and the European Economic Area. If

you connect to the Internet when using the Software,

either through Xbox LIVE, or any other method,

Licensor may receive information from hardware

manufacturers or platform hosts (such as Microsoft)

and may automatically collect certain information

from your computer or gaming unit. This information

may include, but is not limited to, user IDs (such

as gamer tags and screen names), game scores,

game achievements, game performance, locations

visited, buddylists, hardware MAC address, internet

protocol address, and your usage of various game

features. All information collected by Licensor is

intended to be anonymous information that does

not disclose your identity or constitute personal

information, however, if you include personal

information (such as your real name) in your user ID,

then such personal information will automatically be

transmitted to Licensor and used as described herein.

The information collected by Licensor may be posted

by Licensor on publicly-accessible web sites, shared

with hardware manufacturers, shared with platform

hosts, shared with Licensor’s marketing partners or

used by Licensor for any other lawful purpose. By

using this Software you consent to the Licensor’s use

of related data, including public display of your data

such as identiﬁ cation of your user-created content

or displaying your scores, ranking, achievements

and other gameplay data. If you do not want your

information shared in this manner, then you should

not use the Software.

III. WARRANTY. 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.

Licensor warr ants to you that this Sof tware is

compatible with a personal computer meeting the

minimum system requirements listed in the Software

documentation or that it has been certified by the

gaming unit producer as compatible with the gaming

unit for which it has been published, however, due to

variations in hardware, software, internet connections

and individual usage, Licensor does not warrant the

performance of this Software on your speciﬁ c computer

or gaming unit. Licensor 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

error-free, or that the Software will be compatible with

third party software or hardware or that any errors in

the Software will be corrected. No oral or written advice

provided by Licensor or any authorized representative

shall create a warranty. Because some jurisdictions

do not allow the exclusion of or limitations on implied

warranties or the limitations on the applicable statutory

rights of a consumer, some or all of the above exclusions

and limitations may not apply to you. If for any reason

you ﬁ nd a defect in the storage medium or Software

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 piece of Software of equal

or greater value. This warranty is limited to the storage

medium and the Software as originally provided by

Licensor 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 above, this warranty is in

lieu of all other warranties, whether oral or written,

express or implied, including any other warranty of

merchantability, ﬁ tness 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 speciﬁ ed 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

BUT NOT LIMITED TO, DAMAGES TO PROPERTY,

LOSS OF GOODWILL, COMPUTER FAILURE OR

MALFUNCTION AND, TO THE EXTENT PERMITTED

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2K Borderlands 2 Manual

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