AGREEMENT
This document is an agreement between you and Atari, Inc. and its affiliated companies (Company). The enclosed software game disc(s), cartridge or Game Pak (Software) and any accompanying printed materials are licensed to you only on the condition that you accept all of the terms contained in this EULA.
By opening this package and installing or otherwise using the Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA you may not install or use the Software and within 15 days of purchase you must call the Tech Support telephone number listed in the manual accompanying the Software (the Manual). Select the Automated Phone Systems Main Menu option for Consumer Services and follow the prompts.
You will be given a Return Merchandise Authorization number (RMA #) by the technician. You then have 15 days from the date of this contact to return the Software in its protective covering, the Manual and the original sales invoice to the address supplied to you.
If this is a PC product, when you install the Software you will be asked to review and either accept or not accept the terms of the EULA by clicking the I Accept button. By clicking the I Accept button you acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions.
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LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which is recorded is at your sole risk. The Software and media are supplied AS IS. Unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that the Software storage medium will be free from defects in materials and workmanship under normal use for ninety (90) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software. Follow the Product Return Procedures described in the Manual. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.
CHOICE OF LAW AND VENUE
This EULA is governed by the laws of the United States of America and the State of New York, exclusive of its conflicts of law provisions. The exclusive venue for litigation regarding or arising from this EULA is New York County, New York and you agree to submit to the Jurisdiction of the courts of New York County, New York for any such litigation.