Guns N’ Roses singer Axl Rose will get a chance to take legal action next February against Activision Blizzard despite part of his case against the company taking a hit earlier this week. At issue is the ‘Guitar Hero III’ insertion of a playable Slash character within the game and its association with Guns N’ Roses music.

The singer claims that Activision Blizzard, makers of the game, committed fraud and breach-of-contract by including Rose’s estranged former cohort within proximity of their music. Earlier this week the fraud claim was tossed as a judge ruled during a preliminary hearing that the statute of limitations had expired.

According to the Hollywood Reporter, Rose claimed that the reason it took him so long to file a claim was due to the sides trying to find an alternate solution. He explained, “The reason I did not file a lawsuit is because Activision – through my managers and representatives – offered me a separate video game and other business proposals worth millions of dollars to resolve and settle my claims relating to ‘Guitar Hero III.’” The singer claims these negotiations took place between December 2007 and November 2010, with offers such as a Guns N’ Roses-dedicated game or a game based around the ‘Chinese Democracy’ album on the table.

Joystiq reports that Activision claimed it licensed ‘Welcome to the Jungle’ through GNR Music, the song’s license holder, and that Rose “had no authority to enter into a license for ‘Welcome to the Jungle’ in his individual capacity because he does not own the song or the sound recording.”

Though it appears that the fraud claim will proceed no further, a Feb. 1 court date has been set for the breach of contract suit next year.