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26th, 2007 TABLE OF CONTENTS INSTALLATION & SET UP: 1. 2. 3. 4. System Requirements CD Key Issues DirectX Detection & Installation Windows Installer Updates
TROUBLESHOOTING: 1. 2. 3. 4. 5. Video issues Sound issues Motherboard drivers Multiplayer and Internet issues Operating system specific issues
WARHAMMER 40,000: DAWN OF WAR - SOULSTORM ADDENDUM: 1. Accessing the Console 2. Team Color Mip Levels 3. Improving Performance 4. Default Keys 5. Hotkeys 6. Copyright Information 7. Customer Support Contact ====================== INSTALLATION & SET UP Please note that Warhammer 40,000: Dawn of War - SOULSTORM is a stand-alone expa nsion pack. You do not need to have Warhammer 40,000: Dawn of War installed on y our system in order to install and play SOULSTORM. However, if you have Warhamme r 40,000: Dawn of War or both Warhammer 40,000: Dawn of War: Winter Assault inst alled, you will unlock more multiplayer features in Soulstorm. Please note that Warhammer 40,000: Dawn of War - SOULSTORM does not support Micr osoft Windows 95, 98, NT, ME, or Vista. 1. SYSTEM REQUIREMENTS MINIMUM Windows 2000/XP DirectX 9.0c (included on disc) 2.0 GHz Intel Pentium 4 or equivalent AMD Athlon XP processor 512 MB RAM (required for 8-player multiplayer games) 5.1 GB free hard drive space for installation 4x CD-ROM
64 MB DirectX 9.0c compatible AGP video card with Hardware Transform and Lighting DirectX 9.0c compatible 16-bit sound card Keyboard, Mouse RECOMMENDED 2.4 GHz Intel Pentium 4 or equivalent 512 MB System RAM (required for 8-player multiplayer games) NVIDIA GeForce 3 or equivalent with 64 MB of Video RAM. Sound Blaster X-Fi REQUIRED FOR MULTIPLAYER 1 disc/player per computer Internet: Broadband connection for online multiplayer play Network: TCP/IP compliant network 2. CD KEY ISSUES A. Installation and the CD Key When installing Warhammer 40,000: Dawn of War - SOULSTORM, you will be prompte d to enter your CD authentication key. The authentication key appears on the CD packaging. It is important that you enter the key string in its entirety exactl y as it appears on the CD package. The Warhammer 40,000: Dawn of War - SOULSTORM Authentication Server verifies t he CD key each time you connect for online play. Please note, that while you can play all of the original races in the single p layer campaign, these races are locked for multiplayer use. If you have previous ly installed (or install at a later date) DAWN OF WAR, WINTER ASSAULT, and/or DA RK CRUSADE, you will be prompted to insert your DAWN OF WAR, WINTER ASSAULT, and /or DARK CRUSADE CD key respectively, in order to unlock those original races fo r multiplayer use. B. Invalid CD Key messages The number one problem with CD keys is mistyping. Double and triple check the characters you have entered. C. Some common sense about your CD key Each CD key is unique - protect it from loss or theft by keeping a copy of it in a safe place. Without it, you cannot reinstall the game or play online. You may hear of so-called "CD Key generators" being available for illicit download on the Internet. They do not work as advertised, and often attempt to steal leg itimate keys off your machine, reveal personal information or install viruses, w orms and/or trojan horses on your machine. 3. DIRECTX DETECTION AND INSTALLATION The Warhammer 40,000: Dawn of War - SOULSTORM installer will check your compute r for the currently installed version of DirectX. If it detects an older version of DirectX, it will prompt you to install DirectX 9.0c. THQ recommends allowing th e installer to proceed with the DirectX 9.0c installation, even if you think you may have 9.0c installed. Re-installing DirectX 9.0c will not harm your DirectX co nfiguration. Warhammer 40,000: Dawn of War - SOULSTORM requires DirectX 9.0c to i nstall and play.
4. WINDOWS INSTALLER UPDATES The Windows Installer may need to be updated. If this is the case, the Warhamme r 40,000: Dawn of War - SOULSTORM installer will update the Windows Installer, re boot the machine, then continue normally. TROUBLESHOOTING: ***A Note on Troubleshooting:*** Many technical issues can be quickly identified by looking at the warnings.log, local.ini, and dxdiag.txt files. warnings.log is a small text file generated by Dawn of War every time you start the game. It contains information about your system from the point at which you started the game, to the point it was closed (or crashed). local.ini identifies specifics about your installation of Dawn of War, includin g the resolution you are playing at, what graphics settings you are using, etc. dxdiag.txt contains all the specific information about the version of DirectX i nstalled on your system, and how it interacts with your specific hardware (graph ics card, sound card, etc.). To locate these files: warnings.log & local.ini: Located in your Dawn of War root folder. If you installed Dawn of War to C:\Pro grams\THQ, it will be in C:\Programs\THQ\Dawn of War. dxdiag.txt: This file contains the result from your DirectX diagnosis tool. Run the tool by clicking on "Start", selecting "Run", and then typing "dxdiag", and then press t he Enter key. A new window will open. Click the 'Save' button. The information from the tool will be saved in a file called dxdiag.txt. Please collect these files before you call Customer Support. This will speed up response time and help us provide better solutions, faster. 1. VIDEO ISSUES A. Latest drivers required For best performance and video quality, please make sure you have the latest d rivers for your video card when running Warhammer 40,000: Dawn of War - SOULSTOR M. If you have an ATI or NVIDIA video card, you can find drivers on their websites . http://www.ati.com/ http://www.nvidia.com/ B. Graphics Options Tool selects lower than expected range
The Graphics Options Tool automatically detects the optimal settings for your system, based on your specific hardware configuration (most notably the CPU spee d, system RAM, and graphics card). If you feel the Graphics Options Tool selects a lower setting than you expect based on your hardware configuration, it is pos sible that either you don t have up to date drivers for your motherboard and its c hipset installed, AGP is disabled for some reason, or you have a PCI video card installed. For best performance, you should install the latest drivers for your motherboard and use an AGP video card. Please note that on some low-end systems, detected performance may be affected by having the installer running in the background. On min-spec systems, it is r ecommended that you re-run the Graphics Options Tool once installation is comple te. C. Anti-Aliasing (AA) causing blurred text on ATI cards It has been noted that on some ATI Radeon cards, in-game text may appear blurry when Anti-Aliasing is set to the 'High Quality' or 'Optimal Quality' presets. T o remedy this, simply change your Anti-Aliasing setting from 'High Quality' or ' Optimal Quality' to 'Application Preference'. To do this, go to the Control Pane l, click the 'Display' icon, then click the 'Settings' button. Click 'Advanced', and then the '3D' tab. Select 'Custom Settings', and then select 'Application P reference' under 'Anti-Aliasing'. Click 'Apply' to accept the changes, and resta rt your computer. Users should experience no text-blurring under 'Optimal Performance', 'High Pe rformance', or 'Balanced' settings for Anti-Aliasing. 2. SOUND ISSUES A. Latest drivers required Please make sure you have the latest drivers for your sound card when running Warhammer 40,000: Dawn of War - SOULSTORM. B. The sound stutters while playing: Make sure you have the latest drivers for your sound card. If stuttering persi sts try reducing Hardware Acceleration. From your Windows desktop, click Start, t hen Run, type "dxdiag", then hit Enter. This brings up the "DirectX Diagnostic To ol". Click the Sound tab and try reducing the "Hardware Sound Acceleration Level " slider. 3. MOTHERBOARD DRIVERS Warhammer 40,000: Dawn of War rd AND motherboard drivers to be s in recent, but not the latest, atest drivers available for BOTH SOULSTORM requires the absolute latest video ca installed, as there have been significant issue drivers. Please make sure you are running the l your video card and motherboard.
Often motherboard drivers are overlooked when updating systems, and as a result most computers are running very old versions that simply do not work properly a nd may cause very noticeable slow downs and stability issues. 4. MULTIPLAYER & INTERNET ISSUES ***NOTE***: THQ Customer Support does not support playing multiplayer through f irewalls or shared connections. A. Login fails with a connection error
You may be experiencing problems connecting to the Dawn of War Online server o r it may be temporarily off-line. - Verify that your internet connection is functioning correctly. - Verify that you can ping peerchat.gamespy.com, as the server may be down. - See the PORTS and FIREWALLS sections for details on how to correctly configu re your system to allow online play. B. When logging in you get an error saying that you nickname or password is not valid. - Warhammer 40,000: Dawn of War - SOULSTORM shares a "namespace" with Warhamme r 40,000: Dawn of War - DARK CRUSADE. This means that nicknames registered on Ga meSpy for either game will work for the other. Nicknames from other editions of Warhammer 40,000: Dawn of War or from other games will not work and you will nee d to re-register them inside the game using the "Create Account" feature. If you 've forgotten the password but can remember the email address you used to regist er the nickname, you can go to www.GameSpyID.com to retrieve the password. C. When logging in a message appears saying "Error using CD authentication syst em." - It may be that you cannot connect to the CD Key authentication server. Check your internet connection and follow the instructions in the FIREWALLS and PORTS sections. D. When logging in a message appears saying "CD authentication failed." - Your CD key might not have been properly detected during installation of the game. Please re-install Warhammer 40,000: Dawn of War - SOULSTORM and take spec ial note that you enter your CD key correctly. E. When creating an account you receive an error about the email address and pa ssword - The email address has been used to create an account in the GameSpyID system before. Go to www.GameSpyID.com to retrieve the password or chose a new email ad dress with which to register the account. F. You can see games listed but you cannot join them, OR you can host a game bu t nobody can join the game - See the PORTS and FIREWALLS sections for details on how to correctly configu re your system to allow online play. H. You can host a game but after a few seconds you get an error saying that the game could not be registered with the online lobby system. - Check that you can ping peerchat.gamespy.com, as the server may be down. - See the PORTS and FIREWALLS sections for details on how to correctly configu re your system to allow online play. I. You get disconnected from the online lobby system after joining a game in th e lobby or shortly after loading the game - If you have a Netgear router, try disabling the SPI Firewall under the WAN se ttings. J. The game freezes in the lobby screen, when trying to host a game or when joi
ning a game. If you have a firewall it may be blocking Warhammer 40,000: Dawn of War - SOUL STORM but the firewall popup window is not showing in front of the game. Quit th e game or bring up the task manager and end the Warhammer 40,000: Dawn of War SOULSTORM task. Go to your firewall settings and correctly configure them for Wa rhammer 40,000: Dawn of War - SOULSTORM. See the FIREWALLS section for more deta ils. K. When playing online your units frequently freeze and then move again. - The game is waiting for other players to catch up. They are probably unable to run the game simulation at the required speed due to their hardware configura tion and their game detail settings. Recommend to them that they re-run the Grap hics Options Tool. L. In multiplayer, the game crashes shortly after loading the level and you hav e a Linksys BEFSR41 v1 or v2 router. - There have been reports of problems with certain firmware versions for these routers. Try updating to the latest version from the Linksys website or downgrad ing to 1.45.7, which can be found here: www.linksys.com M. Firewall Issues If you have a firewall such as Zone Alarm or Norton Personal Firewall, then you need to make sure that you have given Warhammer 40,000: Dawn of War - SOULSTORM permission to access the internet and to accept connections from the internet. If you have Windows XP and have enabled the Windows Firewall, or if you have Wi ndows XP Service Pack 2, you need to make sure that Warhammer 40,000: Dawn of War - SOULSTORM is listed and selected in the "Exceptions" section of the firewall options. To do this open the 'Control Panel', double-click the Network Connectio ns icon, and right-click on your internet connection. Select 'Properties', then 'Advanced'. You should now see the 'Settings' button for the Windows Firewall. Cl ick the button and make sure that the firewall is turned off, or that ' Soulstor m.exe' is selected in the 'Exceptions' tab of the Windows Firewall dialog box. - If problems persist try disabling the firewall. N. Ports Warhammer 40,000: Dawn of War - SOULSTORM uses the GameSpy NAT negotiation syst em to enable most people to play online without configuring their routers, but y ou may need to manually open ports to play. - GameSpy can require the following ports to be opened: UDP TCP UDP UDP TCP TCP TCP UDP TCP 6500 6667 27900 27901 28910 29900 29901 29910 29920
Warhammer 40,000: Dawn of War - SOULSTORM uses the following port to host game s and accept connections:
UDP
6112
- Check your router documentation for instructions on how to open ports. The p rocess is very different for different brands and even for different models from the same maker. - You could also try putting your computer in your router's DMZ. Again, check your router documentation for details on how to do this. 5. OPERATING SYSTEM-SPECIFIC ISSUES A. Windows Key Interrupts Game in 2000/XP If the Windows key is pressed during game play, the Start Menu will interrupt the game. Should this happen, simply press the Escape (Esc) key to close the men u and return to the game. Unfortunately, there is no way to prevent this from ha ppening again except by being careful not to hit those keys while playing. B. Administrator Privileges Needed To Install On Windows 2000 or XP If you are running Windows 2000 or Windows XP, you must have Administrator priv ileges to properly install the game. You do not, however, require Administrator privileges to play the game after it has been installed. For information on how to change your user settings to obtain Administrator p rivileges, please refer to your Windows documentation, or click the Start button Help and Support . and select C. Alt-Tab to switch applications Some drivers do not support the Alt-Tab switching between Warhammer 40,000: D awn of War - SOULSTORM and other applications. It is highly recommended that you do not use Alt-Tab to switch to another program while Warhammer 40,000: Dawn of War - SOULSTORM is running. If you wish to switch programs, first close Warhamm er 40,000: Dawn of War - SOULSTORM. D. Virtual Memory If your system has less than 2 GB of RAM, Dawn of War - SOULSTORM requires Vi rtual Memory to be enabled. E. Dual Screen Displays Dawn of War SOULSTORM does not support dual-screen displays.
WARHAMMER 40,000: DAWN OF WAR - SOULSTORM ADDENDUM 1. ACCESSING THE CONSOLE IN Warhammer 40,000: Dawn of War - SOULSTORM The Console can be accessed with the CTRL-SHIFT-TILDE (~) key. Please note tha t use of the console is ***not supported*** by THQ Customer Support. Please do n ot contact THQ Customer Support with console command questions. 2. TEAM COLOR MIP LEVELS Currently, the default texture settings for Team Color are optimized to accoun t for AGP bandwidth issues that may occur during online multiplayer games with m ore than 4 players.
To over-ride this extra level of mip dropping and view the team colors at maxi mum texture quality, add the following line to your Root\Local.ini file: fullres_teamcolour=1 Please note that this setting is not officially supported, and may result in s evere performance issues. It should not be attempted unless you have a very high -end system (1024MB of RAM and a 256MB graphics card). 3. IMPROVING PERFORMANCE There are several ways to improve the performance of Warhammer 40,000: Dawn of War - SOULSTORM on min and mid-spec systems, all accessible through the Options menu: - Reduce the resolution -- Select a lower resolution from the drop-down menu. - Reduce the Texture Detail -- Select a lower texture detail setting from the menu. - Reduce the Terrain Detail -- Select a lower Terrain Detail setting from the menu. - Reduce the level of Shadow detail -- Select a lower Shadow Detail setting fr om the menu. - Reduce the Model detail -- Select a lower Model Detail setting from the menu . - Reduce the World Events detail -- Select a lower World Event detail setting from the menu. - Reduce the FX detail -- Select a lower FX detail setting from the menu. - Disable Team Colors -- You can drastically improve multiplayer performance b y disabling Team Colors. To do this, simply switch the 'Team Color' toggle in t he Multiplayer and Skirmish setup screens. When Team Colors are disabled, all op ponents' customized team colors will default to existing presets on your system, saving considerable amounts of memory. 4. DEFAULT KEYS A. Global Commands Ping Toggle Ping Type Command Queue Pause Game Display Pause Menu Objectives Menu Diplomacy Menu Allied Chat Chat to All Cycle through Event Cue s Cycle Idle Military Cycle through Builders Cycle through Research Toggle Overwatch On/Paused Cancel Overwatch B. Engagement Stances Hold Area Stand Ground Burn Down Cease Fire Attack Ctrl+P Ctrl+E Hold Shift Pause F10 F11 F12 Enter Shift+Enter OR Ctrl+Enter Space Bar , . Ctrl+R Ctrl+O Ctrl+K F1 F2 F3 F4 F5
C. Weapon Stances Assault Stance Ranged Stance D. Unit Commands Stop Move Attack Move Attack Melee Build Attach/Detach Attack Ground Scuttle Unload Reinforce Leader Repair E. Multiple Selection Hotkeys Focus on Primary Selection Next Primary Selection Previous Primary Selection Remove Selection F. Camera Commands Default Camera Camera Rotation Zoom In/Out 5. HOTKEYS
F6 F7 Q V A Z B T G Delete N R L E Ctrl+Tab Tab Shift+Tab Hold Cntrl + Click Unit Backspace Hold Alt + Move Mouse Middle Mouse Scroll Wheel
Each player profile has an associated hotkey file, located here: Root\Profiles\Profile (n)\keydefaults.lua Where (n) is your profile number (you may have more than one). To edit your hotkeys, simply open this file in Notepad and change the associat ed key bindings. Keep in mind that you will lose the hotkeys for any profile you delete. For mo re information on how to redefine hotkeys, refer to the help text within the key defaults.lua file. 6. COPYRIGHT INFORMATION Warhammer 40,000: Dawn of War Soulstorm -- Copyright Games Workshop Limited 2008 . Dawn of War, the Dawn of War logo, Dawn of War Soulstorm and the Dawn of War Soulstorm logo, GW, Games Workshop, Space Marine, 40K, Warhammer, Warhammer 40,0 00 Device, and all associated marks, logos, places, names, creatures, races and race insignia/devices/logos/symbols, vehicles, locations, weapons, units and uni t insignia, characters, products, illustrations and images from the Dawn of War game and the Warhammer 40,000 universe are either , TM and/or Games Workshop Ltd 2000-2008, variably registered in the UK and other countries around the world, a nd used under license. All Rights Reserved. Source Code for the Dawn of War game 2004 THQ Inc. All Rights Reserved. The FreeType Project is copyright 1996-2000 by David Turner, Robert Wilhelm, and Werner Lemberg. All rights reserved. This product contains software technology licensed from GameSpy Industries, Inc. 199 9-2007 GameSpy Industries, Inc. All rights reserved. THQ, Relic Entertainment, and their respective logos are trademarks and/or registered trademarks of THQ I
nc. Iron Lore Entertainment and the Iron Lore logo are either registered tradem arks or trademarks of Iron Lore Entertainment, Ltd. in the United States and/or other countries, used under license. All other trademarks, logos and copyrights are property of their respective owners. 7. CUSTOMER SUPPORT CONTACT Support web address: www.thq.com/support E-mail Address: [email protected] Phone (US/Canada): 818-880-0456 Mailing address: THQ Customer Service 29903 Agoura Rd. Agoura Hills, CA 91301 ***UNOFFICIAL*** SUPPORT FORUM: RelicNews, the official community for Warhammer 40,000: Dawn of War - SOULSTORM, has a wealth of user feedback and troubleshooting information that may be usefu l in solving common system incompatibility issues. Please note that this should be viewed as a secondary information source, and th ese forums do not represent official THQ Customer Support. http://forums.relicnews.com/forumdisplay.php?f=125 THQ Inc. Software License Agreement 1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING TH IS SOFTWARE ON YOUR PERSONAL COMPUTER. THIS SOFTWARE LICENSE AGREEMENT IS A LEG AL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON THE ONE HAN D, AND THQ INC. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY REFERRED TO AS "THQ") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT ENTITLED "WARHAMMER 40,000: DAWN OF WAR: SOULSTORM," WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED MED IA, PRINTED MATERIALS, AND/OR "ONLINE" OR ELECTRONIC DOCUMENTATION (TOGETHER CAL LED THE "SOFTWARE"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE (O R, IN THE EVENT YOU HAVE PURCHASED THE SOFTWARE AS CONTAINED ON A CD-ROM, BY OPE NING THE PACKAGING MATERIALS THEREOF), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS S OFTWARE LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. THE SOFTWARE IS L ICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS OF THIS AGREEMENT. IF YO U DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT INSTALL O R USE THE SOFTWARE AND DELETE ALL COPIES IN YOUR POSSESSION. 2. THQ grants you a non-exclusive, non-transferable license to use one co py of the Software in the country in which you acquired the Software for your ow n personal, non-commercial use, but retains all property rights in the Software and all copies thereof. All other rights are expressly reserved by THQ. You ma y: (i) use the Software on any supported computer configuration, provided the S oftware is used on only one (1) such computer; and (ii) permanently transfer the Software and its documentation to another user provided you retain no copies an d the recipient agrees to the terms of this Agreement. You may not transfer, di stribute, rent, sub-license, or lease the Software or documentation, except as p rovided herein; or alter, modify, or adapt the Product or documentation, or any portions thereof. 3. You acknowledge that the Software in source code form remains a confid ential trade secret of THQ. You agree not to modify or attempt to reverse engin eer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limi
tation. 4. OWNERSHIP: All right, title and interest and intellectual property rig hts in and to the Software (including but not limited to any titles, computer co de, themes, objects, characters, character names, stories, dialog, catch phrases , locations, concepts, artwork, images, photographs, animations, video, sounds, audio-visual effects, music, musical compositions, text and "applets," incorpora ted into the Software), the accompanying printed materials, and any copies of th e Software, are owned by THQ or its licensors. This Agreement grants you no righ ts to use such content other than as part of the Software. All rights not expre ssly granted under this Agreement are reserved by THQ. 5. This Agreement is effective upon your installation of the Software and shall continue until revoked by THQ or until you breach any term hereof; upon t ermination you agree to destroy and/or delete all copies of the Software in your possession. 6. You shall not modify the Software or merge the Software into another c omputer Program (except to the extent the Software is made to operate within a c omputer operating system and in connection with other computer program) or creat e derivative works based upon the Software. 7. The Software may not be downloaded or otherwise exported or re-exporte d into (or to a national or resident of) any country to which the U.S. has embar goed goods or to anyone on the U.S. Treasury Department list of Specially Design ated Nationals or the U.S. Commerce Department's Table of Deny Orders. If you do not meet these criteria or are not sure, do not install the software and destro y any copies in your possession. If you live in such a country, no license is gr anted hereunder. 8. You are responsible for assessing your own computer and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THQ AND ITS LICENSORS DISCLA IM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, I NCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABIL ITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, A ND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE SOFTW ARE. THQ AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS CAUSED BY THQ, ITS LICENSORS, LICENSEE AND/OR SUBCO NTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT'S OWN ERRORS AND/OR OMISSIONS. TH Q and its licensors make no warranty with respect to any related software or har dware used or provided by THQ in connection with the Software except as expressl y set forth above. 9. LIMITED CD-ROM WARRANTY: Notwithstanding anything to the contrary cont ained herein, and solely with respect to Software distributed on CD-ROM, THQ war rants to the original consumer purchaser of this Software on CD-ROM that the rec ording medium on which the Software is recorded will be free from defects in mat erial and workmanship for 90 days from the date of purchase. If the recording m edium is found defective within 90 days of original purchase, THQ agrees to repl ace, free of charge, any product discovered to be defective within such period u pon its receipt of the product, postage paid, with proof of the date of purchase , as long as the Software is still being manufactured by THQ. In the event that the Software is no longer available, THQ retains the right to substitute a simi lar Software of equal or greater value. This warranty is limited to the recordi ng medium containing the Software as originally provided by THQ and is not appli cable to normal wear and tear. This warranty shall not be applicable and shall b e void if the defect has arisen through abuse, mistreatment, or neglect. Any imp lied warranties prescribed by statute are expressly limited to the 90-day period described above. To receive warranty service in the United States: Notify the THQ Customer Service Department of the problem requiring warranty service by ca lling (818) 880-0456 or on the web at http://www.thq.com. If the THQ service te chnician is unable to solve the problem by phone or on the web via e-mail, the t echnician will authorize you to return the Product, at your risk of damage, frei
ght and insurance prepaid by you, together with your dated sales slip or similar proof-of-purchase within the ninety (90) day warranty period to: THQ Inc., Cus tomer Service Department, 29903 Agoura Road, Agoura Hills, CA 91301. To receive warranty service in the United Kingdom: Notify the THQ (UK) Limited. Customer Service Department of the problem requiring warranty service by calling +44 (0) 870 608 0047 (national/international call rates apply) or on the web at http://w ww.thq.co.uk and click on Help. If the THQ (UK) Limited., service technician is unable to solve the problem by phone or on the web via e-mail, the technician w ill authorize you to return the Product, at your risk of damage, freight and ins urance prepaid by you, together with your dated sales slip or similar proof-of-p urchase within the ninety (90) day warranty period to: THQ (UK) Limited., Custo mer Service Department, Duke s Court, Duke Street, Woking, Surrey GU21 5BH UK. TH Q is not responsible for unauthorized returns of the Software and reserves the r ight to send such unauthorized returns back to customers. This warranty shall n ot be applicable and shall be void if: (a) the defect in the Software has arise n through abuse, unreasonable use, mistreatment or neglect; (b) the Software is used with computer software and hardware not meeting the minimum systems require ments for the Software; (c) the Software is used for commercial purposes (includ ing rental); (d) the Software is modified or tampered with; or (e) the Software' s serial number has been altered, defaced or removed. THQ will replace defectiv e media at no charge subject to the conditions set forth above. This is your so le and exclusive remedy for any breach of warranty. 10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THQ AND ITS L ICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY THQ OR ITS CON TENT PROVIDERS, OTHER PARTICIPANTS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, C OMMUNICATION OR CONTENT OF THE SOFTWARE. THQ AND ITS LICENSORS SHALL NOT BE LIAB LE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDIN G DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THQ'S AND ITS LICENSORS ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWA RE, IF ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIAB ILITY FOR CERTAIN DAMAGES, IN SUCH STATES THQ'S AND ITS LICENSORS LIABILITY IS LI MITED TO THE EXTENT PERMITTED BY LAW. 11. INJUNCTION. Because THQ would be irreparably damaged if the terms of t his License Agreement were not specifically enforced, you agree that THQ shall b e entitled, without bond, other security or proof of damages, to appropriate equ itable remedies with respect to breaches of this Agreement, in addition to such other remedies as THQ may otherwise have under applicable laws. 12. INDEMNITY. At THQ's request, you agree to defend, indemnify and hold h armless THQ, its subsidiaries, affiliates, contractors, officers, directors, emp loyees, agents, licensors, licensees, distributors, developers, content provider s, and other users of the Software, from all damages, losses, liabilities, claim s and expenses, including attorneys' fees, arising directly or indirectly from y our acts and omissions to act in using the Software pursuant to the terms of thi s License Agreement or any breach of this License Agreement by you. THQ reserve s the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such ev ent, you shall have no further obligation to provide indemnification for such ma tter. 13. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and documentation have been developed entirely at private expense and are provided as "Commercial Comp uter Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the res trictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data a nd Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagra ph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor / Manufacturer is THQ Inc., 2990
3 Agoura Road, Agoura Hills, CA 91301. 14. TERMINATION. Without prejudice to any other rights of THQ, this Licens e Agreement and your right to use the Software may automatically terminate witho ut notice from THQ if you fail to comply with any provision of this Agreement or any terms and conditions associated with the Software. In such event, you must destroy all copies of this Software and all of its component parts. 15. GENERAL PROVISIONS. You may not use, copy, modify, sublicense, rent, s ell, assign or transfer the rights or obligations granted to you in this Agreeme nt, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void, except that you may transfer your Software to another person provided that person accepts the terms of this License Agreement. If an y provision of this Agreement is held to be unenforceable for any reason, such p rovision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision und er other circumstances, or (ii) the remaining provisions hereof under all circum stances. THQ's failure to enforce at any time any of the provisions of this Agre ement shall in no way be construed to be a present or future waiver of such prov isions, nor in any way affect the right of any party to enforce each and every s uch provision thereafter. The express waiver by THQ of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obl igation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of THQ shall be considered a breach of this Agreement if such default, del ay or failure to perform is shown to be due to causes beyond the reasonable cont rol of THQ. This Agreement shall be governed by the laws of the State of Califor nia and the United States without regard to its conflicts of laws rules and you consent to the exclusive jurisdiction of the state and federal courts in Los Ang eles County, California. The United Nations Convention on Contracts for the Inte rnational Sale of Goods shall not apply to this Agreement. This Agreement repres ents the complete agreement concerning this License Agreement between you and TH Q.