Diablo III End User License Agreement

IMPORTANT! PLEASE READ CAREFULLY.

Last Updated February 18, 2010

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. THIS SOFTWARE PROGRAM IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, YOU MAY ARRANGE TO RETURN THE GAME TO THE PLACE WHERE YOU PURCHASED IT OR CONTACT US, AND YOU SHOULD DELETE THE SOFTWARE PROGRAM IMMEDIATELY.

The Diablo® III software program, and all files that are delivered to you by Blizzard Entertainment, Inc. (via on-line transmission or otherwise) to “patch,” update, or otherwise modify the software program, as well as all printed materials and electronic documentation (the “Manual”), together with any and all copies and derivative works of such software program and Manual (collectively, the “Game”) is the copyrighted work of Blizzard Entertainment, Inc. (“Blizzard Entertainment”), who has licensed its rights to exploit the Game in the European Union to Blizzard Entertainment SAS, a French company having its registered office at 145, rue Yves le Coz, 78000 Versailles, France (“Blizzard”). Blizzard is your contractual partner for this License Agreement. Any and all uses of the Game are governed by the terms of this End User License Agreement (the “License Agreement” or “Agreement”). The Game may only be played on Blizzard’s Battle.net® game service (the “Service”), which is subject to a separate Terms of Use agreement (the “Terms of Use”) available at http://www.battle.net/legal/termsofuse.shtml and incorporated into this Agreement by this reference. Before playing the Game, you must: (i) obtain an authorization code from a ‘box’ copy of the Game or through the Service; (ii) register for and log in using an authorized account with the Service (the “Account”); and (iii) agree to the terms of this License Agreement and to the Terms of Use. The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this License Agreement is expressly prohibited.

1. Grant of a Limited Use License.

   Subject to your agreement to and continuing compliance with this License Agreement, Blizzard hereby grants, and you hereby accept, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to (a) install the Game on one or more computers owned by you or under your legitimate control, (b) use the Game in conjunction with the Service for your non-commercial entertainment purposes only, subject to the terms of Section 2(c) below; and (c) to make and distribute copies of the Game to other potential users free of any charge for use solely on the Service. All uses of the Game are subject to this License Agreement and to the Terms of Use, both of which must be accepted before the Game can be played. In the event of a conflict between the terms of this License Agreement and the Terms of Use, this License Agreement shall govern and supersede the Terms of Use.

2. Additional License Limitations.

   The license granted to you in Section 1 above is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Blizzard’s copyrights in and to the Game. You agree that you will not, under any circumstances:
1. In whole or in part, copy or reproduce (except as provided herein), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels from the Game unless explicitly allowed by the provisions under Art. 6 of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs; notwithstanding the foregoing you may make one (1) backup copy of the Software Program and the Manuals;
2. Use cheats, automation software (bots), hacks, or any other unauthorized third-party software designed to modify the Game experience, including without limitation, mods that violate the terms of this License Agreement or the Terms of Use;
3. Exploit the Game or any of its parts for any commercial purpose without Blizzard’s express permission, except (i) that you may use the Game on the Service at a publicly available cyber café or computer gaming center; and (ii) that you may utilize Game’s real currency Auction House feature in accordance with the terms of use agreement for the real currency Diablo III Auction House, which are available at http://us.blizzard.com/en-gb/company/legal/d3rmah_tou.html
4. Use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information;
5. Modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by Blizzard;
6. Create, utilize or transact in “Duplicated Items.” A “Duplicated Item” is any item in the Game created or copied by exploiting errors in the Game’s design, features which have not been documented, errors in the Service, and/or program bugs;
7. Host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Blizzard), or as part of content aggregation networks;
8. Facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using third party programs or tools; or
9. Attempt to sell, license, sublicense, rent, lease, lend, grant a security interest in or otherwise transfer any copy of the Game or your rights to the Game to any other party in any way not expressly authorized herein or let any other third person use the Game and/or the Account.

3. Service and Terms of Use

   The Terms of Use agreement governs all aspects of game play. If you do not agree with the Terms of Use, then (a) you may not register for an Account to play the Game; and (b) you may arrange to return the Game to the place where you purchased it within thirty (30) days of the original purchase or you may contact Blizzard by email http://www.battle.net/support to request a full refund of the purchase price within thirty (30) days of the original purchase. Once you accept the License Agreement and the Terms of Use, you will no longer be eligible for a refund.

4. Ownership.

   All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard Entertainment or Blizzard. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. You have no interest, monetary or otherwise, in any feature or content contained in the Game or associated with the Account.

5. Pre-Loaded Software.

   The media on which the Game is distributed may contain additional software and/or content that requires a separate license before it can be used (“Additional Software”). You agree that Blizzard may install this Additional Software on your hard drive as part of the Game installation process. You also agree that you will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on this Additional Software until and unless you receive a license to use it along with a valid alphanumeric key with which to activate all or portions of the Additional Software. The terms of the End User License Agreement displayed during the installation or activation of the Additional Software will replace and supersede this Agreement, but only with regard to those portions of the Additional Software for which you receive a license from Blizzard. Notwithstanding anything to the contrary herein, you may make one (1) backup copy of the Additional Software.

6. No Transfer or Sublicense

   THE GAME IS LICENSED, NOT SOLD. THE LICENSE GRANTED IN SECTION 1 MAY NOT BE SUBLICENSED OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID.

7. Consent to Monitor.

   DURING YOUR REGISTRATION FOR THE BATTLE.NET ACCOUNT YOU GRANT YOUR CONSENT TO THE FOLLOWING: WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 2. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

8. Termination

   This License Agreement is effective until terminated. Upon termination for any reason, all licenses granted herein as well as licenses for Additional Software shall immediately terminate and you may terminate the License Agreement at any time by cumulatively (i) destroying the Game; and (ii) removing the Game Client from your hard drive; and (iii) notifying Blizzard by mail of your intention to terminate this License Agreement to the following address: Blizzard Entertainment International, c/o Blizzard Entertainment S.A.S., TSA 60 001, 78008 Versailles Cedex, France. Blizzard reserves the right to terminate this License Agreement without notice if you fail to comply with any terms and conditions contained herein, the terms and conditions contained in the Terms of Use and/or the terms and conditions for the real currency Diablo III Auction House. In case of minor violations of these rules Blizzard will provide you with a prior warning of your non-compliance prior to terminating the Agreement. If, however, your behavior is utterly unacceptable, Blizzard is not required to provide you with such prior warning. A behavior is considered utterly unacceptable in case of a serious violation of important provisions of this Agreement, the Terms of Use and/or the terms of use agreement for the Diablo III Auction House. Important provisions include a violation of Section 2 and 5 above. In such event, you must immediately destroy the Game and remove the Game Client from your hard drive.

9. Export Controls

   The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

10. Patches and Updates

    Blizzard and or Blizzard Entertainment may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Blizzard may update the Game remotely, including without limitation the Game residing on your machine, without your knowledge, and you hereby grant to Blizzard your consent to deploy and apply such patches, updates and modifications.

11. Restrictions. Duration of the “On-line” Component of the Game.

    This Game is playable ‘on-line,’ and must connect to the Internet through the Service, as provided by Blizzard, before it can be used. It is your entire responsibility to secure an Internet connection and all fees related thereto shall be at your own charge. Blizzard will use reasonable efforts to provide the Service all day, every day. However, Blizzard reserves the right to temporarily suspend the Service for maintenance, testing, replacement and repair of the telecommunications equipment related to the Game, as well as for transmission interruption or any other operational needs of the system.
    Blizzard agrees to provide the servers and software necessary to access the Service until such time as the Game is “Out of Publication.” The Game shall be considered “Out of Publication” following the date that the Game is no longer manufactured and/or distributed by Blizzard, or its affiliates. Thereafter, Blizzard may, in its sole and absolute discretion, continue to provide the Service or license to third parties the right to provide the Service. However, nothing contained herein shall be construed so as to place an obligation upon Blizzard to provide the Service beyond the time that the Game is Out of Publication. In the event that Blizzard determines that it is in its best interest to cease providing the Service, or license to a third party the right to provide the Service, Blizzard shall provide you with no less than three (3) months prior notice. Neither the Service nor Blizzard’s agreement to provide access to the Service shall be considered a rental or lease of time on or capacity of Blizzard’s servers or other technology.

12. Additional Manufacturer’s Guarantee for the retail version of the Game.

    In the event that tangible media (e.g. CD-ROMs or DVDs) containing a retail version of the Game were purchased in the European Union and they prove to be defective and provided you inform Blizzard of such defect within (i) two (2) months from the day you detected such defect and (ii) within two (2) years from the date of the purchase of the Game, Blizzard will, upon presentation to Blizzard of proof of purchase of the defective media and the media itself, at its sole discretion 1) correct any defect, 2) replace the Game, or 3) refund your money. This guarantee does not affect or restrict the statutory warranty claims that you may have against the retailer of the Game.

13. Limitation of Liability

    As regards the online service provided by Blizzard, for damages or compensation of unavailing expenditures, whatever the legal basis including tort may be, the following rules apply: Blizzard may only be liable in cases of where it is adjudged that Blizzard: (i) engaged in intentionally damaging conduct; (ii) was grossly negligent; and/or (iii) is in breach of the requirements of the Product Liability Act according to statutory law. If you acquired the media containing the Game Client in Germany or Austria or if you access Blizzard’s servers, including Blizzard’s Battle.net servers, from the territory of Germany or Austria or in such other countries where local laws would apply, Blizzard may also be liable in case of death or personal or physical injury according to statutory law where Blizzard is adjudged to be responsible for such death or personal or physical injury.
    Blizzard shall not be liable for slight negligence. However, if you acquired the media containing the Game Client in Germany or Austria or if you access Blizzard’s servers, including Blizzard’s Battle.net servers, from the territory of Germany or Austria, Blizzard may also be liable for slight negligence if Blizzard is adjudged to be in breach of such contractual obligation hereunder, the fulfillment of which is required for the due performance under this Agreement, the breach of which would endanger the purpose of this Agreement and the compliance with which you may constantly trust in. In such cases, Blizzard’s liability is limited to typical and foreseeable damages. In other cases Blizzard shall not be liable for slight negligence.

14. Rights on Breach.

    The Game, as well as the trademarks and copyrighted content contained therein and associated with the Game are the copyrighted property of Blizzard Entertainment, and, through the efforts of Blizzard Entertainment, has established substantial goodwill and recognition. In the event of a significant breach of the terms of this Agreement, Blizzard Entertainment reserves its right to take all legal actions which may be available to a licensor of intellectual property under the law to protect its rights in its property. In the event that Blizzard Entertainment is the prevailing party in any such actions, Blizzard Entertainment shall see any and all rights that may be available to Blizzard Entertainment under the law to recover damages, costs of suit and its attorneys fees.

15. Changes to the Agreement.

    Blizzard may, from time to time change, modify, add to, supplement or delete this Agreement. Those changes will be effective upon prior notice as follows: Blizzard will post notification of any such changes to this Agreement on the website located at http://eu.blizzard.com/en-gb/company/legal/index.html and will post any revised version of this Agreement in this location, and may provide other notice which may include by email, postal mail or pop-up screen. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use the Game and terminate this Agreement in accordance with Section 8 herein. After expiry of one (1) month following the notification the continued use of the Game and Service by you will mean you accept any and all such changes. With the notification, Blizzard will remind you that your continued use after the expiration of one (1) month following the notification means that you accept any and all changes. The modified version of the Agreement shall enter into force at the beginning of the second month following the notification, unless Blizzard has received a notification of termination from you by that time.

16. Miscellaneous.

    This Agreement shall be governed by and construed in accordance with the laws applicable in your country of residence. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable and/or invalid, the remaining portions of this License Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements; provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in this Agreement shall govern. The provisions of Sections 4, 13, 14 and 16 shall survive termination of this Agreement for any reason.
    
    I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking “Accept” or installing the Game I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.