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Last revised September 27, 2013

 

LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT

This limited software warranty and license agreement (this "Agreement") may be periodically updated and the current version will be posted at www.take2games.com/eula (the "Website"). Your continued use of the Software after a revised Agreement has been posted constitutes your acceptance of its terms.

THE "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING, AND OTHER WRITTEN FILES, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS.

THE SOFTWARE IS LICENSED, NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH THE UNITED STATES COMPANY TAKE-TWO INTERACTIVE SOFTWARE, INC. ("LICENSOR"), AS WELL AS THE PRIVACY POLICY LOCATED AT www.take2games.com/privacy AND TERMS OF SERVICE LOCATED AT www.take2games.com/legal.

PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.

LICENSE

Subject to this Agreement and its terms and conditions, Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable right and license to use one copy of the Software for your personal, non-commercial use for gameplay on a single Game Platform (e.g. computer, mobile device, or gaming console) unless otherwise expressly specified in the Software documentation. Your license rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or the termination of this Agreement (see below).

The Software is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. Licensor retains all right, title, and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. The Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing, or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country. Be advised that U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. The Software contains certain licensed materials and Licensor's licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by Licensor and, as applicable, its licensors.

LICENSE CONDITIONS

You agree not to:

ACCESS TO SPECIAL FEATURES AND/OR SERVICES, INCLUDING DIGITAL COPIES: Software download, redemption of a unique serial code, registration of the Software, membership in a third-party service and/or membership in a Licensor service (including acceptance of related terms and policies) may be required to activate the Software, access digital copies of the Software, or access certain un-lockable, downloadable, online, or other special content, services, and/or functions (collectively, "Special Features"). Access to Special Features is limited to a single User Account (as defined below) per serial code and access to Special Features cannot be transferred, sold, leased, licensed, rented, converted into convertible virtual currency, or re-registered by another user unless otherwise expressly specified. The provisions of this paragraph supersede any other term in this Agreement.

TRANSFER OF PRE-RECORDED COPY LICENSE: You may transfer the entire physical copy of pre-recorded Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software or accompanying documentation, and the recipient agrees to the terms of this Agreement. Transfer of the pre-recorded copy license may require you to take specific steps, as set forth in the Software documentation. You may not transfer, sell, lease, license, rent, or convert into convertible virtual currency any Virtual Currency or Virtual Goods except as expressly set forth in this Agreement or with Licensor's prior written consent. Special Features, including content otherwise unavailable without a single-use serial code, are not transferrable to another person under any circumstances, and Special Features may cease functioning if the original installation copy of the Software is deleted or the pre-recorded copy is unavailable to the user. The Software is intended for private use only. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER ANY PRE-RELEASE COPIES OF THE SOFTWARE.

TECHNICAL PROTECTIONS: The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Software, or any portions or components thereof, including any violations of this Agreement. Licensor reserves the right to monitor use of the Software at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. If the Software permits access to Special Features, only one copy of the Software may access those Special Features at one time. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Licensor may limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, at any time without notice for any reason whatsoever.

USER CREATED CONTENT: The Software may allow you to create content, including, but not limited to, a gameplay map, scenario, screenshot, car design, item, or video of your game play. In exchange for use of the Software, and to the extent that your 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, but not limited to, 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 and agree never to assert 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 terms above regarding any applicable moral rights, will survive any termination of this Agreement.

INTERNET CONNECTION: The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions.

USER ACCOUNTS: In order to use the Software or a software feature, or for certain features of the Software to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account ("Third-Party Account"), or an account with Licensor or a Licensor affiliate, as set forth in the Software documentation. 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. The Software may also require you to create a Software-specific user account with Licensor or a Licensor affiliate ("User Account") in order to access the Software and its functionality and features. Your User Account log-in may be associated with a Third-Party Account. You are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to access and use the Software.

virtual currency and virtual goods

If the Software allows you to purchase and/or earn though play a license to use Virtual Currency and Virtual Goods, the following additional terms and conditions apply.

VIRTUAL CURRENCY & VIRTUAL GOODS: The Software may enable users to (i) use fictional virtual currency as a medium of exchange exclusively within the Software ("Virtual Currency" or "VC") and (ii) gain access to (and certain limited rights to use) virtual goods within the Software ("Virtual Goods" or "VG"). Regardless of the terminology used, VC and VG represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, Licensor hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use VC and VG obtained by you for your personal non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, VC and VG obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to VC and VG is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in VC and VG.

VC and VG do not have an equivalent value in real currency and do not act as a substitute for real currency. You acknowledge and agree that Licensor may revise or take action that impacts the perceived value of or purchase price for any VC and/or VG at any time except as prohibited by applicable law. VC and VG do not incur fees for non-use; provided, however, that the license granted hereunder to VC and VG will terminate in accordance with the terms and conditions of this Agreement and the Software documentation, when Licensor ceases providing the Software, or this Agreement is otherwise terminated. Licensor, in its sole discretion, reserves the right to charge fees for the right to access or use VC or VG and/or may distribute VC or VG with or without charge.

EARNING & PURCHASING VIRTUAL CURRENCY AND VIRTUAL GOODS: You may have the ability to purchase VC or to earn VC from Licensor for the completion of certain activities or accomplishments in the Software. For example, Licensor may provide VC or VG upon the completion of an in-game activity, such as attaining a new level, completing a task, or creating user content. Once obtained, VC and/or VG will be credited to your User Account. You may purchase VC and VG only within the Software, or through a platform, participating third-party online store, application store, or other store authorized by Licensor (all referred to herein as "Software Store"). Purchase and use of in-game items or currency through a Software Store are subject to the Software Store's governing documents, including but not limited to, the Terms of Service and User Agreement. This online service has been sublicensed to you by the Software Store. Licensor may offer discounts or promotions on the purchase of VC, and such discounts and promotions may be modified or discontinued by Licensor at any time without notice to you. Upon completing an authorized purchase of VC from an Application Store, the amount of purchased VC will be credited to your User Account. The Licensor shall establish a maximum amount you may spend to purchase VC per transaction and/or per day, which may vary depending on the associated Software. Licensor, in its sole discretion, may impose additional limits on the amount of VC you may purchase or use, how you may use VC, and the maximum balance of VC that may be credited to your User Account. You are solely responsible for all VC purchases made through your User Account regardless of whether or not authorized by you.

BALANCE CALCULATION: You can access and view your available VC and VG in your User Account when logged into your User Account. Licensor reserves the right, in its sole discretion, to make all calculations regarding the available VC and VG in your User Account. Licensor further reserves the right, in its sole discretion, to determine the amount of and manner in which VC is credited and debited from your User Account in connection with your purchase of VG or for other purposes. While Licensor strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Licensor's determination of the available VC and VG in your User Account is final, unless you can provide documentation to Licensor that such calculation was or is intentionally incorrect.

USING VIRTUAL CURRENCY AND VIRTUAL GOODS: All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game's rules applicable to currency and goods, which may vary depending on the associated Software. VC and VG may only be used within the Software, and Licensor, in its sole discretion, may limit use of VC and/or VG to a single game. The authorized uses and purposes of VC and VG may change at any time. Your available VC and/or VG as shown in your User Account will be reduced each time you use VC and/or VG within the Software. The use of any VC and/or VG constitutes a demand against and withdrawal from your available VC and/or VG in your User Account. You must have sufficient available VC and/or VG in your User Account in order to complete a transaction within the Software. VC and/or VG in your User Account may be reduced without notice upon the occurrence of certain events related to your use of the Software: For example, you may lose VC or VG upon the loss of a game or the death of your character. You are responsible for all uses of VC and/or VG made through your User Account, regardless of whether or not authorized by you. You must notify Licensor immediately upon discovering the unauthorized use of any VC and/or VG made through your User Account by submitting a support request at www.take2games.com/support.

NON-REDEEMABLE: VC and VG may only be redeemed for in-game goods and services. You may not sell, lease, license, or rent VC or VG, convert them into convertible VC. VC and VG may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Licensor or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. VC and VG have no cash value, and neither Licensor nor any other person or entity has any obligation to exchange your VC or VG for anything of value, including, but not limited to, real currency.

NO REFUND: All purchases of VC and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Licensor has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such VC and/or VG as it sees fit in its sole discretion, and Licensor shall have no liability to you or anyone else for the exercise of such rights.

No Transfers: Any transferring, trading, selling, or exchanging of any VC or VG to anyone, other than in game play using the Software as expressly authorized by Licensor ("Unauthorized Transactions"), including, but not limited to, among other users of the Software, is not sanctioned by Licensor and is strictly forbidden. Licensor reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your VC and VG and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to indemnify and hold harmless Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses and expenses arising directly or indirectly from such actions. You acknowledge that Licensor may request that the applicable Application Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Software. If we believe or have any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Licensor may, in its sole discretion, restrict your access to your available VC and VG in your User Account or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account.

LOCATION: VC is only available to customers in certain locations. You may not purchase or use VC if you are not in an approved location.

SOFTWARE STORE TERMS

This Agreement and the provision of the Software through any Software Store (including the purchase of VC or VG) is subject to the additional terms and conditions set forth on or in or required by the applicable Software Store and all such applicable terms and conditions are incorporated herein by this reference. Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software or through a Software Store. All such transactions are administered by the Software Store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is from or through such Software Store.

This Agreement is solely between you and Licensor, and not with any Software Store. You acknowledge that the Software Store has no obligation to furnish any maintenance or support services to you in connection with the Software. Except for the foregoing, to the maximum extent permitted by applicable law, the Software Store will have no other warranty obligation whatsoever with respect to the Software. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and the Software Store is not responsible for such claims. You must comply with the Software Store Terms of Service and any other Software Store applicable rules or policies. The license to the Software is a non-transferable license to use the Software only on an applicable device that you own or control. You represent that you are not located in any U.S.-embargoed countries or other geographical areas or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's list or Entity List. The Software Store is a third-party beneficiary to this Agreement and may enforce this Agreement against you.

INFORMATION COLLECTION & USAGE

By installing and using the Software, you consent to the information collection and usage terms set forth in this section and Licensor's Privacy Policy, including (where applicable) (i) the transfer of any personal information and other information to Licensor, its affiliates, vendors, and business partners, and to certain other third parties, such as governmental authorities, in the U.S. and other countries located outside Europe or your home country, including countries that may have lower standards of privacy protection; (ii) the public display of your data, such as identification of your user-created content or displaying your scores, ranking, achievements, and other gameplay data on websites and other platforms; (iii) the sharing of your gameplay data with hardware manufacturers, platform hosts, and Licensor's marketing partners; and (iv) other uses and disclosures of your personal information or other information as specified in the above-referenced Privacy Policy, as amended from time to time. If you do not want your information used or shared in this manner, then you should not use the Software.

For the purposes all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, the Privacy Policy located at www.take2games.com/privacy, as amended from time to time, takes precedence over any other statement in this Agreement.

WARRANTY

LIMITED WARRANTY: Licensor warrants to you (if you are the initial and original purchaser of the Software but not if you obtain the pre-recorded Software and accompanying documentation as a transfer from the original purchaser) 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 warrants to you that the Software 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 the Software on your specific 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 find 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, fitness 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 Licensor address specified 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.

INDEMNITY

You agree to indemnify, defend, and hold Licensor, its partners, licensors, affiliates, contractors, officers, 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.

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 BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR 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.

IN NO EVENT SHALL LICENSOR'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS HEREUNDER BY YOU, REGARDLESS OF THE FORM OF ACTION, EVER EXCEED THE GREATER OF THE FEES PAID BY YOU TO LICENSOR FOR THE PRECEDING TWELVE (12) MONTH PERIOD FOR ANYTHING RELATING TO THE SOFTWARE OR US$200, WHICHEVER IS GREATER.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEATH, OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, THESE LIMITATIONS AND/OR EXCLUSIONS AND ANY EXCLUSION OR LIMITATION OTHERWISE RESULTING FROM THE ABOVE INDEMNITY MAY NOT APPLY 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.

WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.

TERMINATION

This Agreement is effective until terminated by you or by the Licensor. This Agreement automatically terminates when Licensor ceases to operate the Software servers (for games exclusively operated online), if Licensor determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions above. You may terminate this Agreement at any time by (i) requesting Licensor to terminate and delete your User Account that is used to access or use the Software using the method set forth in the Terms of Service or (ii) destroying and/or deleting any and all copies of all Software in your possession, custody, or control. Deleting the Software from your Game Platform will not delete the information associated with your User Account, including any VC and VG associated with your User Account. If you reinstall the Software using the same User Account, then you may still have access to your prior User Account information, including any VC and VGassociated with your User Account. However except as otherwise prohibited by applicable law, if your User Account is deleted upon termination of this Agreement for any reason, all VC and/or VGassociated with your User Account will also be deleted, and you will no longer be available for use the Software or any VC or VG associated with your User Account. If this Agreement terminates due to your violation of this Agreement, Licensor may prohibit you from re-registering or re-accessing the Software. Upon any termination of this Agreement, you must destroy or return the physical copy of Software to Licensor, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this Agreement, your rights to use the Software, including any VC or VG associated with your User Account, will terminate immediately, and you must cease all use of the Software. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and documentation have 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 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 any of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies.

TAXES AND EXPENSES

You shall be responsible for and shall pay and shall indemnify and hold harmless Licensor and any and all of its affiliates, officers, directors, and employees against all taxes, duties, and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under the this Agreement, including interest and penalties thereon (exclusive of taxes on Licensor's net income), irrespective of whether included in any invoice sent to you at any time by Licensor. You shall provide copies of any and all exemption certificates to Licensor if you are entitled to any exemption. All expenses and costs incurred by you in connection with your activities hereunder, if any, are your sole responsibility. You are not entitled to reimbursement from Licensor for any expenses, and will hold Licensor harmless therefrom.

TERMS OF SERVICE

All access to and use of the Software is subject to this Agreement, the applicable Software documentation, Licensor's Terms of Service, and Licensor's Privacy Policy, and all terms and conditions of the Terms of Service are hereby incorporated into this Agreement by this reference. These agreements represent the complete agreement between you and Licensor relating to use of the Software and related services and products and supersede and replace any prior agreements between you and Licensor, whether written or oral. To the extent there is a conflict between this Agreement and the Terms of Service, this Agreement shall control.

MISCELLANEOUS

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 conflicts 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.). You and Licensor 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. You and Licensor 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 AGREEMENT, YOU MAY CONTACT US IN WRITING AT: TAKE-TWO INTERACTIVE SOFTWARE, INC., 622 BROADWAY, NEW YORK, NY 10012. 09102013v1


Apple App Store Additional License Terms

These license terms are in addition to all other terms of the Limited Software Warranty; License Agreement, and Information Use Disclosures. If any Software is provided to you through the Apple Inc. ("Apple") App Store, then the following additional terms and conditions in this paragraph apply. This Agreement is solely between you and Licensor, and not with Apple. You acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the Software. In the event of any failure of the Software to conform to the Limited Warranty in this Agreement, you may notify Apple, and Apple will refund the purchase price for the Software. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and Apple is not responsible for such claims. You must comply with the App Store Terms of Service, including the Usage Rules. The license to the Software is a non-transferable license to use the Software only on an iPhone or iPod touch that you own or control. You represent that you are not located in any U.S. embargoed countries or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's list or Entity List. Apple is a third party beneficiary to this Agreement and may enforce this Agreement against you.
All other terms and conditions of the EULA apply to your use of the Software.



NBA 2K13 SUPPLEMENTAL MICROTRANSACTION TERMS AND CONDITIONS (“SUPPLEMENTAL TERMS”)

NBA 2K13 for PlayStation® 3 (hereafter “PS3”) and NBA 2K13 for Xbox 360, the NBA 2K Mobile App and NBA 2K: My Life social game (within these supplemental Terms referred to as “Game(s)”) allow you to earn through play and/or purchase a license to use Virtual Currency and Virtual Goods in the PS3 or Xbox 360 version of NBA 2K13.  All access to and use of the Game(s) is subject to the game EULA available at www.take2games.com/eula as well as the Licensor’s Terms of Service, and all terms and conditions of the EULA and Terms of Service are hereby incorporated into these Supplemental Terms by this reference.  To the extent there is a conflict between the Supplemental Terms and any terms in the EULA or Terms of Service relating to the Game(s), the Supplemental Terms shall control.  You acknowledge that the Licensor reserves the right, at any time and without notice, to monitor compliance with the Supplemental Terms and to otherwise protect its rights in the Game(s) by incorporating license management technology into the Game(s) and monitoring usage, including, without limitation, time, date, access or other controls, counters, serial numbers, and/or other security devices.    Purchase of Virtual Currency or Virtual Goods in NBA 2K13 for PS3 shall require a PlayStation® Network Account as well as a My2K account.  Purchase of Virtual Currency or Virtual Goods in NBA 2K13 for Xbox 360 shall require an Xbox 360 LIVE account as well as a My2K account.  The NBA 2K13 mobile app and/or NBA 2K: My Life social Game may require additional user accounts.  You are responsible for all use and the security of any user accounts that you use to access and use the Game(s).

Virtual Currency.  NBA 2K13 for PS3 and NBA 2K13 for Xbox 360 include two components of fictional currency, “Earned Virtual Currency” and “Purchased Virtual Currency” which may be used exclusively within NBA 2K13 to gain access to and certain limited rights to use virtual goods.  “Earned Virtual Currency” may be granted by the Licensor to the user without cost for certain access and accomplishments in the NBA 2K Mobile App and NBA 2K: My Life Social Game.  “Purchased Virtual Currency” may be purchased and used within NBA 2K13 for PS3 or NBA 2K13 for Xbox 360.  Regardless of the terminology used, Earned Virtual Currency, Purchased Virtual Currency and Virtual Goods represent a limited license right governed solely under these Supplemental Terms.  Earned Virtual Currency, Purchased Virtual Currency and Virtual Goods provided by the Licensor include only a limited license right to use the respective item in NBA 2K13 for PS3 or NBA 2K13 for Xbox 360.  Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Earned Virtual Currency, Purchased Virtual Currency and Virtual Goods you agree that you have no right, title or ownership in or to any such item.  Earned Virtual Currency, Purchased Virtual Currency and Virtual Goods will not expire for non-use and will not incur fees for non-use until such time as Licensor ceases to operate the Games servers.  All use of Earned Virtual Currency, Purchased Virtual Currency and Virtual Goods will cease when the Licensor ceases providing online features relating to the Game(s).  THE ONLINE SERVERS ASSOCIATED WITH THE GAME(S) ARE CURRENTLY SCHEDULED TO BE SHUT DOWN ON DECEMBER 1, 2013, AND EARNED AND PURCHASED VIRTUAL CURRENCY OR GOODS MAY NOT BE USED OR ACCESSED THEREAFTER.

Earning In-Game Virtual Currency.  In the NBA 2K Mobile App and NBA 2K: My Life Social Game, you may have the ability to obtain Earned Virtual Currency from the Licensor for the completion of certain activities or accomplishments within those Games.  Once obtained the Earned Virtual Currency may be credited to your My2K user account and used for Virtual Good purchases and to aid in game play within NBA 2K13 for PS3 or NBA 2K13 for Xbox 360.  You shall have no opportunity to purchase or use the Earned Virtual Currency in the NBA 2K Mobile App and/or NBA 2K: My Life Social Game.

Purchasing In-Game Virtual Currency.  In NBA 2K13 for PS3 or NBA 2K13 for Xbox 360 you may have the ability to obtain Purchased Virtual Currency that can be credited to your My2K account and used for Virtual Good purchases and to aid in game play.  You may obtain Purchased Virtual Currency within the NBA 2K13 for PS3 through a transaction with the PSN Store.  You may obtain Purchased Virtual Currency within NBA 2K13 for Xbox 360 through a transaction with Xbox Game Marketplace.  Upon Licensor’s receipt of notice of a user’s purchase through the PSN Store or Xbox Game Marketplace, such Purchased Currency will be credited to your My2K account.   No more than an aggregate of $2,000 US per day can be used to purchase access to the licensed Purchased Virtual Currency.  All transactions regarding Purchased Virtual Currency and Virtual Goods are final and under no circumstances will such purchase be refundable, transferable or exchangeable.

Using Virtual Currency.  The Licensor reserves the right to charge fees for the right to access or use Purchased Virtual Currency or Virtual Goods, and/or may distribute Earned Virtual Currency, Purchased Virtual Currency or Virtual Goods without charge, in its sole discretion.  For example, the Licensor may, as a promotion or benefit, provide users with a certain amount of Earned Virtual Currency based upon the completion of an activity in the NBA 2K Mobile App and/or NBA 2K: My Life Social Game, such as attaining a new level within the game.  You acknowledge and agree that Licensor may revise or take action that impacts the perceived value of or pricing for any Earned Virtual Currency, Purchased Virtual Currency and/or Virtual Good at any time except as may be stated in writing.  You may only use Earned Virtual Currency and Purchased Virtual Currency to purchase Virtual Goods within NBA 2K13 for PS3 or NBA 2K13 for Xbox 360.  Earned Virtual Currency and Purchased Virtual Currency are not redeemable for cash, except where required by law.  Upon use of Earned Virtual Currency and Purchased Virtual Currency, the amount available in your My2K user account will be reduced by the amount used.  The use of any Earned Virtual Currency and Purchased Virtual Currency within NBA 2K13 for PS3 or NBA 2K13 for Xbox 360 constitutes a demand against and withdrawal from the remaining balance in your user account.  You must have sufficient available Earned Virtual Currency or Purchased Virtual Currency to pay for any purchase.  You are responsible for all uses of Earned Virtual Currency, Purchased Virtual Currency and/or Virtual Goods made through your My2K account, regardless of whether or not authorized by you.  You may only associate one platform user account (e.g. PSN ID or Xbox 360 GamerTag) with your My2K Account.  You must notify the Licensor immediately upon discovering the unauthorized use of any Earned Virtual Currency, Purchased Virtual Currency and/or Virtual Goods made through your user account by sending the details to the following email address: customerservice@2ksports.com.

Virtual Currency Balance Calculation.  Earned Virtual Currency, Purchased Virtual Currency and Virtual Goods have no cash value and neither the Licensor nor any other person or entity has any obligation to exchange same for anything of value, including without limitation, real currency.  The Licensor has the absolute right to manage, regulate, control, modify and/or eliminate such Earned Virtual Currency, Purchased Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and the Licensor shall have no liability to you or anyone else for the exercise of such rights.  Licensor reserves the right, in its sole discretion, to make all calculations regarding the balance of Earned Virtual Currency or Purchased Virtual Currency in your user account.  The Licensor further reserves the right, in its sole discretion, to determine the amount of Earned Virtual Currency or Purchased Virtual Currency that is credited and debited from your account in connection with your purchase of Virtual Goods.  While the Licensor strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that the Licensor’s determination of the amount of Earned Virtual Currency or Purchased Virtual Currency in your account is final, unless you can provide documentation to the Licensor that such calculation was or is intentionally incorrect.  You shall be able to access and view the balance of Earned Virtual Currency or Purchased Virtual Currency in your account from within the Game when logged into your My2K user account.

Payment Processing.  You can only obtain Purchased Virtual Currency through the PSN Store or Xbox Game Marketplace.  The Licensor is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions from within the Game(s).  All such transactions are administered by PSN Store or Xbox Game Marketplace, not the Licensor.  The Licensor expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding all Purchased Virtual Currency transactions is from or through Sony or Microsoft.  You are solely responsible for all Purchased Virtual Currency transactions made through your My2K PSN or Xbox Live linked user account regardless of whether or not authorized by you.

Taxes and Expenses.  You shall be responsible for and shall pay and shall indemnify and hold harmless the Licensor and any and all of its affiliates, officers, directors, and employees against all taxes, duties and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under the Supplemental Terms, including interest and penalties thereon (exclusive of taxes on the Licensor’s net income) (“Taxes”), irrespective of whether included in any invoice sent to you at any time by the Licensor.  You shall provide copies of any and all exemption certificates to the Licensor if you are entitled to any exemption.  Additionally, all expenses and costs incurred by you in connection with the activities described hereunder, if any, are your sole responsibility.  You are not entitled to reimbursement from the Licensor for any expenses, and will hold the Licensor harmless therefrom.

Termination.  Licensor may terminate this License at any time for any reason by providing notice to you.  Without any prejudice to any other rights of the Licensor, the Supplemental Terms will automatically terminate if the Licensor ceases offering or providing the Game(s).  If you merely delete the Game(s) from your console, mobile device or social network account linked to your My2K account, it will not delete the information retained by Licensor, including Virtual Goods and/or Virtual Currency, associated with your account.  If you reinstall the Game(s) using the same account, then you may still have access to your prior account information.  However, you may actively terminate the Supplemental Terms at any time by requesting Licensor to terminate and delete your My2K user account that is used to access or use the Game(s) by emailing us at customerservice@2ksports.com.  When the account you use to access the Game(s) is deleted or terminated, all of the Earned Virtual Goods, Purchased Virtual Goods and/or Virtual Currency associated with that account will no longer be accessible for use in NBA 2K13 for PS3 or NBA 2K13 for Xbox 360. Please note, Licensor’s removal of your access to your My2K account whether upon your request or Licensor's action due to your failure to comply with the terms and conditions set forth herein, will not affect your PSN or Xbox Live account whose status is determined by Sony or Microsoft, respectively.  If your access is terminated by Licensor due to a violation of the terms and conditions set forth herein, or for any other reason, then Licensor may prohibit you from re-registering for a My2K account.             

Upon termination of the Supplemental Terms, including cessation of provision of the Game(s) by the Licensor, all rights and licenses granted to you hereunder shall immediately cease and you shall cease all use of the Game(s).  The Licensor shall not be liable to you in any way for any loss or damages of any kind including without limitation any perceived loss of value relating to any Earned Virtual Good, Purchased Virtual Currency, Virtual Goods and/or other items associated with your account solely as a result of terminating the Supplemental Terms.  The Licensor’s termination of the Supplemental Terms shall be without prejudice to any other right or remedy that it may have at law or in equity, and shall not be a waiver of or relieve you of any breaches of the Supplemental Terms.  The provisions of any Section with a continuing obligation or duty, shall survive the expiration or any termination of the Supplemental Terms.

Maximum Liability.  IN NO EVENT SHALL THE LIABILITY OF THE LICENSOR FOR ANY AND ALL CLAIMS HEREUNDER BY YOU, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER OF THE FEES PAID BY YOU TO THE LICENSOR DURING THE PRECEDING TWELVE (12) MONTH PERIOD FOR ANYTHING RELATED TO THE GAME(S) OR US$200, WHICHEVER IS GREATER

No Transfers.  Any transferring, trading, selling or exchanging of any Earned Virtual Currency, Purchased Virtual Currency, Virtual Goods, or user accounts (“Unauthorized Transactions”) to anyone, including among other users of the Game(s) is not sanctioned by the Licensor and is strictly forbidden. The Licensor reserves the right in its sole discretion, without limiting any other rights or remedies, to terminate, suspend or modify your user account if you engage or assist in or request any such Unauthorized Transactions.  All users who participate in such activities do so at their own risk and hereby agree to indemnify the Licensor against any and all consequences resulting from such actions.  You acknowledge that the Licensor may request that PSN Store or Xbox Game Marketplace or any other applicable third party, stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Supplemental Terms, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Game(s).

Application Store Terms.  The Supplemental Terms and the provision of the Game(s) made available on or through PSN Store or Xbox Game Marketplace or any other application store, may be subject to the additional terms and conditions set forth on or in, or required by, the applicable provider, and all such applicable terms and conditions are incorporated herein by this reference.


PIRATE LEGENDS SUPPLEMENTAL MICROTRANSACTION TERMS AND CONDITIONS AND SUPPLEMENTAL PRIVACY NOTICE

Pirate Legends (within these Supplemental Terms and Conditions referred to as "the Game") allows users (referred to herein as "You" or "Your") to purchase through microtransactions a license to use Virtual Currency and Virtual Goods in the Game.  All access to and use of the Game is subject to the EULA available at www.take2games.com/eula as well as the Licensor's Terms of Service, and all terms and conditions of the EULA and Terms of Service are hereby incorporated into these Supplemental Terms by this reference. To the extent there is a conflict between the Supplemental Terms and any terms in the EULA or Terms of Service relating to the Game, the Supplemental Terms shall control.  You acknowledge that the Licensor reserves the right, at any time and without notice, to monitor compliance with the Supplemental Terms and to otherwise protect its rights in the Game by incorporating license management technology into the Game and monitoring usage, including, without limitation, time, date, access or other controls, counters, serial numbers and/or other security devices.  The Game may also include product activation and other security technology that is designed to prevent the unauthorized access, use and/or copying of the Game, or any portions or components thereof, including any violations of these Supplemental Terms.  Your account log-in will be associated with either an Apple Game Center account or GREE or Google Play account.  Purchase of Virtual Currency or Virtual Goods may require an Apple iTunes account or Google Play Store account ("App Store" accounts).

Virtual Currency. The Game includes a component of fictional currency called Gems ("Virtual Currency") which may be used exclusively within the Game to gain access to and certain limited rights to use virtual goods for use exclusively within the Game ("Virtual Goods"). Regardless of the terminology used, Gems, Virtual Currency and Virtual Goods represent a limited license right governed solely under the Supplemental Terms.  Virtual Currency and Virtual Goods provided by the Licensor include only a limited license right to use the Virtual Currency and Virtual Goods in the Game.  Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Currency and Virtual Goods in the Game, You agree that You have no right, title or ownership in or to any such Virtual Currency and Virtual Goods.  Virtual Currency and Virtual Goods have no cash value, and neither the Licensor nor any other person or entity has any obligation to exchange Your Virtual Currency or Virtual Goods for anything of value, including, without limitation, real currency.

Purchasing In-Game Virtual Currency. Upon downloading the Game, You may have the ability to purchase Virtual Currency that can be credited to Your user account and used for in-game Virtual Good purchases to aid in Game play.  You may purchase Virtual Currency only within the Game through a transaction with the applicable App Store (defined herein).  If You have downloaded the iOS version of the Game You can purchase Gems through the Apple iTunes store.  Alternatively, if You have downloaded an Android version of the Game You can use any existing GREE coins in Your GREE App Wallet to purchase Gems.  However, if You have no such GREE coin account balance in Your GREE App Wallet, You can purchase GREE coins from the Google Play Store which can then be converted into Gems.  Upon receipt of an authorized purchase of access to the licensed Virtual Currency from the applicable iTunes Store or GREE App Wallet, Licensor will credit Your user account in the Game.  No more than an aggregate of $2,000 US per day can be used to purchase access to the licensed Virtual Currency.  All transactions regarding Virtual Currency and Virtual Goods are final and under no circumstances will such purchase be refundable, transferable or exchangeable.

Using Virtual Currency.  The Licensor reserves the right to charge fees for the right to access or use Virtual Currency or Virtual Goods, and/or may distribute Virtual Currency or Virtual Goods without charge, in its sole discretion.  For example, the Licensor may, as a promotion or benefit, provide users with a certain amount of Virtual Currency or a certain Virtual Good based upon the completion of an activity, such as attaining a new level within the Game.  You acknowledge and agree that Licensor may revise or take action that impacts the perceived value of or pricing for any Virtual Currency and/or Virtual Good at any time except as may be stated in writing.  You may only use Virtual Currency to purchase Virtual Goods within the Game. Upon use of any Virtual Currency, the amount available in Your user account will be reduced by the amount used.  The use of any Virtual Currency constitutes a demand against and withdrawal from the remaining balance in Your user account.  You must have sufficient available Virtual Currency to pay for any purchase.  You are responsible for all uses of Virtual Currency and/or Virtual Goods made through Your user account, regardless of whether or not authorized by You.  You must notify the Licensor immediately upon discovering the unauthorized use of any Virtual Currency and/or Virtual Goods made through Your user account by sending the details to the following email address: usasupport@2k.com.  Virtual Currency and Virtual Goods will not expire for non-use and will not incur fees for non-use until such time as Licensor ceases to operate the Game's servers.  All use of Virtual Currency and Virtual Goods will cease when the Licensor ceases providing online features relating to the Game.  THE ONLINE SERVERS ASSOCIATED WITH THE GAME ARE CURRENTLY SCHEDULED TO BE SHUT DOWN ON DECEMBER 16, 2014, AND VIRTUAL CURRENCY OR VIRTUAL GOODS MAY NOT BE USED OR ACCESSED THEREAFTER.

Virtual Currency Balance Calculation.  Licensor reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in Your account associated with the Game.  The Licensor further reserves the right, in its sole discretion, to determine the amount of Virtual Currency that is credited and debited from Your account associated with the Game in connection with Your purchase of Virtual Goods.  While the Licensor strives to make all such calculations on a consistent and reasonable basis, You hereby acknowledge and agree that the Licensor's determination of the amount of Virtual Currency in Your Game account is final, unless You can provide documentation to the Licensor that such calculation was or is intentionally incorrect.  You shall be able to access and view the balance of Virtual Currency in Your Game account from within the Game when logged into Your account.

Payment Processing.  You can only purchase Virtual Currency through the applicable App Store as described above.  The Licensor is not responsible or liable to You for any credit card or bank-related charges and fees related to Your transactions from within the Game.  All such transactions are administered by a third-party App Store, not the Licensor.  The Licensor expressly disclaims any liability for any such transactions, and You agree that Your sole avenue of recourse regarding all Virtual Currency transactions is from or through the respective App Store.  You are solely responsible for all Virtual Currency purchases made through Your Game account regardless of whether or not authorized by You.

Taxes and Expenses.  You shall be responsible for and shall pay and shall indemnify and hold harmless the Licensor and any and all of its affiliates, officers, directors and employees against all taxes, duties and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under the Supplemental Terms, including interest and penalties thereon (exclusive of taxes on the Licensor's net income) ("Taxes"), irrespective of whether included in any invoice sent to You at any time by the Licensor.  You shall provide copies of any and all exemption certificates to the Licensor if You are entitled to any exemption.  Additionally, all expenses and costs incurred by You in connection with Your activities hereunder, if any, are Your sole responsibility.  You are not entitled to reimbursement from the Licensor for any expenses, and will hold the Licensor harmless therefrom.

Termination.  Licensor may terminate this License at any time for any reason by providing notice to You.  Without any prejudice to any other rights of the Licensor, the Supplemental Terms will automatically terminate if the Licensor ceases offering or providing the Game or if You fail to comply with the terms and conditions set forth herein.  If You merely delete the Game from Your PC, tablet or mobile device, it will not delete the information retained by Licensor, including Virtual Goods and/or Virtual Currency, associated with Your account.  If You reinstall the Game using the same account, then You may still have access to Your prior account information.  However, You may terminate the Supplemental Terms at any time by (i) requesting Licensor to terminate and delete Your user account that is used to access or use the Game by emailing Licensor at [CS_Pirates@2kchina.com] and (ii) deleting any and all copies of the Game in Your possession, custody or control.  When the account You use to access the Game is deleted or terminated, all of the Virtual Goods and/or Virtual Currency associated with that account are also deleted and will no longer be available for use in the Game.  Please note, removing Your access to the Game, whether upon Your request or Licensor's actions due to Your failure to comply with the terms and conditions set forth herein, will not affect Your App Store account whose status is determined by the App Store provider.  If Your access is terminated by Licensor due to a violation of the terms and conditions set forth herein, or for any other reason, then Licensor may prohibit You from re-registering or re-accessing the Game.

Upon termination of the Supplemental Terms, including cessation of provision of the Game by the Licensor, all rights and licenses granted to You hereunder shall immediately cease and You shall cease all use of the Game and documentation.  Upon termination of the Supplemental Terms, You shall, at Your sole expense, delete or destroy the Game and documentation (and all copies and extracts thereof) then in Your possession, custody or control.  The Licensor shall not be liable to You in any way for any loss or damages of any kind, including, without limitation, any perceived loss of value relating to any Virtual Goods, Virtual Currency and/or other items associated with Your account solely as a result of terminating the Supplemental Terms.  The Licensor's termination of the Supplemental Terms shall be without prejudice to any other right or remedy that it may have at law or in equity, and shall not be a waiver of or relieve You of any breaches of the Supplemental Terms.  The provisions of any Section with a continuing obligation or duty, shall survive the expiration or any termination of the Supplemental Terms.

Maximum Liability.  IN NO EVENT SHALL THE LIABILITY OF THE LICENSOR FOR ANY AND ALL CLAIMS HEREUNDER BY YOU, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER OF THE FEES PAID BY YOU TO THE LICENSOR FOR THE PRECEDING TWELVE (12) MONTH PERIOD FOR ANYTHING RELATED TO THE GAME OR US$200, WHICHEVER IS GREATER.

No Transfers.  Any transferring, trading, selling or exchanging of any Virtual Currency, Virtual Goods or Your account ("Unauthorized Transactions") to anyone, including among other users of the Game, is not sanctioned by the Licensor and is strictly forbidden.  The Licensor reserves the right in its sole discretion, without limiting any other rights or remedies, to terminate, suspend or modify Your user account if You engage or assist in or request any such Unauthorized Transactions.  If You participate in such activities You do so at Your own risk and hereby agree to indemnify the Licensor against any and all consequences resulting from such actions.  You acknowledge that the Licensor may request that the applicable App Store stop, suspend, terminate, discontinue or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Supplemental Terms, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Game.  You further agree that the Licensor may, in the Licensor's sole discretion, in enforcing this Section or the Supplemental Terms, debit Your balance of Virtual Currency, including, without limitation, taking actions which may cause Your balance to be zero and/or a negative amount.


Application Store Terms.  The Supplemental Terms and the provision of the Game through any online or other App Store is subject to the additional terms and conditions set forth on or in or required by the applicable App Store, including, without limitation, GREE App Wallet, Apple's App Store/iTunes and Google Play, and all such applicable terms and conditions are incorporated herein by this reference.



Pirate Legends Supplemental Privacy Notice
This Supplemental Privacy Notice is a supplement to Take-Two Interactive Software, Inc.'s Privacy Policy and explains the information collection, use and disclosure practices in connection with the Pirate Legends game ("Game") made available on the social gaming platform of GREE, Inc. ("GREE"), an official distributor of the Game. 

GREE and GREE's agents or other designated third parties collect and process Your personal and other information to register You as a user of the GREE platform ("GREE User Information") and to enable You to download the Game as part of Your participation in the GREE social network.  Such collection and use of Your information is covered by GREE's privacy policy. Please review GREE's privacy policy, as its provisions may differ from those in Take-Two Interactive Software, Inc.'s Privacy Policy and this Supplemental Privacy Notice.

Take-Two Interactive Software, Inc. and its subsidiaries ("Company, "we," or "us") collect information about Your access to and usage of the Game, such as Your user ID, Game scores,  Game achievements, Game performance,  Game locations visited, buddylists, hardware MAC address, internet protocol address and Your usage of various Game features ("Gameplay Data").  We will use the Gameplay Data to manage the functionalities of the Game and enhance Your user experience with the Game, improve the products and services we provide You and our customers, develop internal marketing and demographic studies and other data analytics reports and for other internal purposes.  The Gameplay Data and other information we collect may be posted on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with our marketing partners or used by us for any other lawful purpose.  All information that we collect 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 or email address) in your user ID, then such personal information will automatically be transmitted to us and may be used or shared as described herein.  By using the Game, You consent to such uses and sharing of such information, including public display of Your data, such as identification of Your user-created content or displaying Your scores, ranking, achievements and other Gameplay Data. If You do not want Your information used or shared in this manner, then You should not use the Game. 

To the extent we receive or accesse GREE User information, our use and processing of such data will be limited to develop, distribute, maintain and manage the Game.

If You have any questions about this Supplemental Privacy Notice, please contact our Privacy Policy Administrator at 646-536-2842; via email at privacypolicy@take2games.com; or by regular mail at Take-Two Interactive, Attn:  Internet Privacy Policy Administrator, 622 Broadway, New York, New York 10012.