The Software License and Service Agreement will be updated. Please follow this link [https://www.activision.com/legal/ap-eula] in order to see these changes.
These terms and conditions (the “Terms”) govern all use by third parties, including licensees, of Activision’s trademarks, logos, icons, designs, trade dress, fonts, and other brand features and elements related to the Call of Duty® games (the “COD Brand Assets”). By downloading the COD Brand Assets via the Call of Duty® branding website, located at brand.callofduty.com, or otherwise receiving the COD Brand Assets from Activision, you (“You” or “Your”) agree to be bound by these Terms and the style guidelines located at brand.callofduty.com (the “Brand Guidelines”).
Ownership of the COD Brand Assets. The COD Brand Assets, whether registered or unregistered, are owned exclusively by Activision. Any goodwill derived from Your use of the COD Brand Assets inures solely to the benefit of, and belongs exclusively to, Activision. Except for the limited use of the COD Brand Assets permitted under these Terms, You acknowledge and agree that You are not granted any other rights, of any kind, to the COD Brand Assets.
Limited Right to Use the COD Brand Assets. Activision grants you a limited, non-exclusive, revocable, non-transferable license to use the COD Brand Assets for non-commercial purposes only. Unless You have prior written permission from Activision, Your use of the COD Brand Assets must strictly comply with these Terms, including the specific restrictions and requirements set forth below, as well as the Brand Guidelines located at brand.callofduty.com.
No Modification. The COD Brand Assets must be used exactly as provided by Activision with no modifications. Do not modify, alter, or otherwise change any aspect or element of the COD Brand Assets.
No Confusingly Similar Marks. Do not use any trademark, logo, icon, design, trade dress, font, or other brand feature or element that is confusingly similar to the COD Brand Assets or any translation thereof.
No Confusion as to Source or Endorsement. Do not use the COD Brand Assets in any manner that that is false, misleading, or likely to create confusion among consumers or the public. Confusion in this context includes, without limitation, uses that might cause consumers or the public to mistakenly believe that You have a relationship or affiliation with Activision and/or that Activision is the source of or sponsors or endorses Your products and/or services.
No Unlawful Use. Do not use the COD Brand Assets on any website that contains, promotes, or is otherwise associated with pornography, gambling, the sale of tobacco, alcohol, or firearms, or illegal activities.
No Objectionable Use. Do not use the COD Brand Assets in a manner that, in Activision’s sole opinion, is deceptive, misleading, unfair, infringing, defamatory, disparaging, abusive, obscene, or otherwise objectionable or inappropriate.
No Use on Merchandise. Do not use the COD Brand Assets on or in connection with merchandise or manufactured products of any kind, including any promotional items.
No Use in Domain Names. Do not register any domain name that contains the COD Brand Assets, in whole or in part.
No Registration. Do not register or apply to register the COD Brand Assets, in whole or in part, or any variation thereof as a trademark, trade name, or doing business as designation in any state, country, or other jurisdiction.
Termination. Activision has the right, in its sole discretion, to terminate, revoke, or modify Your permission to use the COD Brand Assets at any time. Activision reserves the right to object to and take action against any use of the COD Brand Assets that does not comply with these Terms and/or the Guidelines, infringes Activision’s intellectual property or other rights, or otherwise violates applicable law.
Disclaimer of Warranties. Activision offers the COD Brand Assets “as is,” “as available,” and “with all faults.” To the extent permitted by applicable law, Activision makes no representations or warranties of any kind concerning the COD Brand Assets, whether express or implied, arising by operation of law, or otherwise. This includes, without limitation, warranties of title, non-infringement, and fitness for a particular purpose.
Limitation of Liability. To the extent permitted by applicable law, in no event will Activision be liable, whether in contract, warranty, tort, product liability, strict liability, or other theory, to You or any other person or entity for any damages (including, without limitation, any indirect, incidental, special, or consequential damages) arising out of or in connection with any use of the COD Brand Assets, even if Activision or its representative has been advised of the possibility of such damages.
Indemnification. You agree to indemnify, hold harmless, and defend Activision, its parent, subsidiaries, licensors, and affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns, from and against any and all claims, liabilities, losses, injuries, damages, costs or expenses incurred by Activision arising out of or from your use of the COD Brand Assets.