FORUMS_

COD,

Yesterday afternoon I got into a back and forth with some dudes on Activisions Terms & Agreement. I wanted to address this matter alittle further in an attempt to help you (not to contradict you as a fellow gamer). Like in many things in life, the better educated you are the better you know what your rights are and what to expect. Again Ignorance to the Terms is not an excuse:

So here is the link to Activisions terms: http://store.activision.com/store/atvi/en_US/Content/pbPage.eula_black_ops?resid =URpEKwoBAlYAADvq6IUAAAAm&rests=1360675883273

Please read it:

Ok first thing:

What is software licensing? This is an agreement that grants a right to use software code to someone else. A license usually grants less rights than a sale of a copy of the software. The rights to use the code are defined by the terms of the license.

Now this part of the agreement is tricky and I will try to explain it:

LIMITED SOFTWARE WARRANTY. Activision warrants to the original consumer purchaser of this Program that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the purchaser finds the recorded medium of the Program defective within 90 days of original purchase, Activision agrees to replace, free of charge, such recorded medium of the Program discovered to be defective within such period upon its receipt of the recorded medium of the Program, as long as the Program is still being manufactured by Activision. In the event that the Program is no longer available, Activision retains the right to substitute a similar product of equal or greater value. This warranty is limited to the recording medium of the Program 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. This remedy is the purchaser’s sole, exclusive remedy, and is in lieu of all other express warranties. Any implied warranties on this product prescribed by statute, including but not limited to an implied warranty of merchantability or fitness for a particular purpose, are expressly limited in duration to the 90-day period described above. Activision reserves the right to modify this warranty prospectively at any time and from time to time in our sole discretion.

Ok, so it states they will replace the recording medium if defective, meaning and they are referring to the CD not the program that governer's the game. I know its tricky, but that's why they hire lawyers to come up with these words.

Now here goes the real grit:

WARRANTY DISCLAIMER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND ACTIVISION DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PRODUCT CONTENT WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVISION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

This final in bold disclaimer states they (activision) does not warrant that the product will be error-free.

One final note COD, I do not necessarily agree to these terms but I play their game and that is a privilege not a right. I do not want to argue with anyone about what they believe is right or wrong. The matter of fact is these companies have prepared themselves through these TERMS to address issues that their products might or might not cause.