StarCraft II End User License Agreement

STARCRAFT® II: WINGS OF LIBERTY™
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 StarCraft® II: Wings of Liberty™ 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 International (“Blizzard”), a division of Coöperatie Activision Blizzard International U.A. Blizzard is your contractual partner. 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 by obtaining access to 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 login using an authorized Battle.net® account with the Service (the "Account") and (iii) agree to the terms of this License Agreement and to the Terms of Use. Note that in order to establish an Account, you must be a 'Natural Person,' who is the age of majority in the country where you are a citizen. Corporations, Limited Liability Companies, partnerships, or any other form of legal entity other than that of a "natural person" may not establish an account, and by accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. 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 2c 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 use of the Game, or any copy of the Game, is 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 Agreement and the Terms of Use, this 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 form 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, with the sole exception that you may use the Game, or copies of the Game, on the Service at a cyber cafe, computer gaming center or any other location-based site to play on your own Account;
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; provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
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. 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;
7. 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
8. 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.
9. Use the Map Editor (defined below) to access or edit anything other than content included in an authorized copy of STARCRAFT® II licensed to you.

3. Map Editor.

   The Game includes a program that allows you to create custom levels, maps, scenarios or other materials for use in connection with the Game (the “Map Editor”). The following terms are specific to the Map Editor:

   1. Map Content.

      You understand that the content required to create or modify STARCRAFT® II Modified Maps (as defined below) is included in the STARCRAFT® II game client, and that all such content is owned by Blizzard and governed by this Agreement. YOU ACKNOWLEDGE AND AGREE THAT ALL MAPS, LEVELS AND OTHER CONTENT CREATED OR MODIFIED USING THE MAP EDITOR (COLLECTIVELY, “MODIFIED MAPS”) ARE AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF BLIZZARD. WITHOUT LIMITING THE FOREGOING, YOU HEREBY ASSIGN TO BLIZZARD ALL OF YOUR RIGHTS, TITLE AND INTEREST IN AND TO ALL MODIFIED MAPS, AND AGREE THAT YOU WILL EXECUTE FUTURE ASSIGNMENTS PROMPTLY UPON RECEIVING SUCH A REQUEST FROM BLIZZARD. As far as an assignment is not possible or is not possible on a worldwide basis, you hereby grant to Blizzard an exclusive, irrevocable, royalty-free, assignable and sublicensable, temporally and geographically unlimited right to use the Modified Maps for any purpose and in any way. This granting of rights includes, but is not limited to, the right to reproduce, distribute and publish the Modified Maps and to make the Modified Maps available to the public, in particular through the Service with the possibility of third parties to use, edit or modify the Modified Maps. The right to use the Modified Maps includes all types of uses unknown at the time of granting the rights. It is granted for an indefinite period of time and without any territorial restrictions. The right may be assigned or sublicensed to third parties without any restrictions.

   2. User Content Restrictions.

      You represent and warrant that neither the content you use to create any Modified Maps, nor the compilation, arrangement or display of such content (collectively, the “User Content”), infringes or will infringe any copyright, trademark, patent, trade secret or other intellectual property right of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.

4. Service and Terms of Use.

   As mentioned above, you must accept the Terms of Use in order to access the Service to play the Game. 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. Once you accept the License Agreement and the Terms of Use, you will no longer be eligible for a refund.

5. 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.

6. 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. You can get access to and use the Additional Software if you (i) purchase or otherwise legally obtain a valid license and (ii) accept the End User License Agreement(s) for this Additional Software (the “Additional Software EULA”). The terms of the Additional Software EULA displayed during the installation or activation of the Additional Software will replace and supersede this Agreement, but only with regard to the Additional Software and those portions of the Additional Software for which you receive a license. Notwithstanding anything to the contrary herein, you may make one (1) backup copy of the Additional Software.

7. No Transfer or Sublicense.

   THE GAME IS LICENSED, NOT SOLD. NEITHER THE GAME NOR THE LICENSE GRANTED IN SECTION 1 MAY BE SUBLICENSED OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID.

8. 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.

9. 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, 78000 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 and/or the terms and conditions contained in the Terms of Use. 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 and/or the Terms of Use. 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.

10. 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.

11. Patches and Updates.

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

12. 12. 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 can neither guarantee that you will always be able to communicate with other users, nor that you can communicate without disruptions, delays or communication-related flaws. Blizzard is not liable for any such disruptions, delays or other omissions in any communication during your use of the Voice Client.
    
    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.

13. Additional Manufacturer's Guarantee for the Game.

    In the event that tangible media (e.g. CD-ROMs or DVDs) containing 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.

14. 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.

15. 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.

16. 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 www.battle.net 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 9 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.

17. 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 License 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 License Agreement shall coexist with the Terms of Use, and in the event of a conflict between this License and the Terms of Use, the terms of this License Agreement shall govern and supersede the Terms of Use. Sections 5, 13, 14, 16, 17 and 18 hereof shall survive the termination of this Agreement. 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.