World of Warcraft End User License Agreement


WORLD OF WARCRAFT®
END USER LICENSE AGREEMENT
Last Updated November 20, 2014

IMPORTANT! PLEASE READ CAREFULLY. PLEASE READ THE FOLLOWING WORLD OF WARCRAFT END USER LICENSE AGREEMENT BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE PROGRAM. THIS SOFTWARE IS LICENSED, NOT SOLD. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE DELETE THE SOFTWARE PROGRAM IMMEDIATELY AND ARRANGE TO RETURN THE GAME TO YOUR RETAILER.



This software program, and any files that are delivered to you (via on-line transmission or otherwise) to "patch," update, or otherwise modify and/or enhance the software program, as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and materials (collectively, together with the "Game Client" defined below, the "Game") are copyrighted works of Blizzard Entertainment, Inc. (“Blizzard Entertainment”), who has licensed its rights to exploit the Game in the European Union to its affiliate Blizzard Entertainment, SAS (“Blizzard”). All use of the Game is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement"). To play the Game, you must have registered an account on Blizzard’s Battle.net® game service (the “Battle.net® Account”), which is subject to a separate Terms of Use agreement available at http://eu.blizzard.com/en-gb/company/about/termsofuse.html?rhtml=y (the “BNET Terms of Use Agreement). Blizzard’s Battle.net® game service (the “Battle.net® Service) is provided to you by Blizzard. In addition, the Game may only be played by obtaining access to Blizzard Entertainment’s World of Warcraft massively multi-player on-line role-playing game service (the "Service"), which is subject to a separate Terms of Use agreement (the "WoW Terms of Use") and which is provided to you by Blizzard. The Service includes the use of a voice over Internet protocol technology, which enables you to communicate orally with other users and which includes certain features to determine who to speak with (the “Voice Client”). Blizzard is your contractual partner for the performance of the Service. If your purchase of the Game included a limited period of "free access" to the Service, the WoW Terms of Use also govern your access to the Service during the period of "free access." The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of the License Agreement is expressly prohibited.
  1. 1. Grant of a Limited Use License.

    The Game installs computer software (hereafter referred to as the “Game Client”) onto your hardware to allow you to use your Battle.net® Account to play the Game through access to the Service. To play the Game you must therefore: (i) register for and login using an authorized Battle.net® Account, (ii) obtain access to the Service and (iii) agree to the terms of this License Agreement, the WoW Terms of Use and the BNET Terms of Use Agreement. Subject to your agreement to and continuing compliance with this License Agreement, Blizzard hereby grants, and by installing the Game Client you thereby accept, a limited, revocable, non-transferable, non-sublicensable and non-exclusive license and right to install the Game Client – unless otherwise expressly permitted in this License Agreement – for your personal and non-commercial use on one (1) or more computers which you own or which are under your personal control. All use of the Game is subject to this License Agreement, the BNET Terms of Use Agreement, and the WoW Terms of Use, each of which you must accept before you can use your Battle.net® Account to play the Game through access to the Service. Blizzard Entertainment and/or Blizzard reserve the right to update, modify or change the Game for the reasons stated in Section 9 below. Changes to the License Agreement will be notified and enter into force according to Section 15 below.
  2. 2. Pre-Loaded Software.

    The media on which the Game Client is distributed may contain additional software and/or content for which you may not have a valid license and which is specially protected against unauthorized access (the “Locked Software”). You agree that Blizzard Entertainment and/or Blizzard may install the Locked Software onto your hard drive during the Game Client installation process. You also agree that you will not access, use, distribute, copy or display any Locked Software, or create any derivative works based on the Locked Software. PLEASE NOTE THAT THE CIRCUMVENTION OF ACCESS OR COPY PROTECTION MEASURES MAY CONSTITUTE A CRIMINAL ACT UNDER THE COPY PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE. You can get access to and use the Locked Software, or parts thereof, if you (a) purchase or otherwise legally obtain a valid license and (b) accept the End User License Agreement(s) for this Locked Software, in such case you will receive an alphanumeric key from Blizzard to unlock the software. Please note that you will only be allowed to unlock those portions of the Locked Software for which you accepted the respective End User License Agreement (“the Unlocked Software EULA”) and were granted a valid license (the “Unlocked Software”). The terms of this Agreement, the WoW Terms of Use and the BNET Terms of Use Agreement shall apply to Unlocked Software in addition to the Unlocked Software EULA. However, to the extent any provision of this Agreement conflicts with any provision in the Unlocked Software EULA, the provisions of the Unlocked Software EULA shall prevail, but only with regard to the Unlocked Software.
  3. 3. Service and Terms of Use.

    As previously stated, you must have registered a Battle.net® Account to access the Service and play the Game. The Battle.net® Service is subject to the BNET Terms of Use Agreement, which you may view http://eu.blizzard.com/en-gb/company/about/termsofuse.html and which you must accept to register a Battle.net® Account. You must also accept the WoW Terms of Use in order to access the Service to play the Game. The WoW Terms of Use govern all aspects of game play. You may view the Terms of Use by visiting the following website: http://eu.blizzard.com/en-gb/company/legal/wow_tou.html. If you have purchased a hardcopy of the Game and do not agree with the BNET Terms of Use Agreement, or the WoW Terms of Use, you should (i) not register for a Battle.net® Account to play the Game, (ii) not access the Service to play the Game, and (iii) return the Game to the place where you purchased the Game within thirty (30) days of the original purchase date.
  4. 4. Ownership.

    A. All intellectual property rights in and to the Game, including without limitation the Locked and Unlocked Software, and all copies thereof (including, but not limited to, any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game) are owned or expressly licensed by Blizzard Entertainment or Blizzard. The Game is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Game may contain certain licensed materials, and licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

    B. In order to access the Service and to play World of Warcraft , you are required to establish a Battle.net® Account as described in the BNET Terms of Use Agreement that is unique to you and non-transferable. To access the Service, you will be asked to provide Blizzard with an Authentication Key of the Game that will be exclusively linked to the Battle.net® Account you have established. Therefore, Blizzard does not allow you to transfer ownership of the Game Client to third parties.
  5. 5. Responsibilities of End User.

    A. Subject to the Grant of License herein, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section 5 shall result in immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) backup copy of the Game Client, the Unlocked Software and the Manuals.
    B. You agree that you shall not, under any circumstances,
    (i) sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the Game to others;

    (ii) exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose without Blizzard’s express permission, with the sole exception that you may use the Game Client, or copies of the Game Client, on the Service at a cyber cafe, computer gaming center or any other location based site;

    (iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Blizzard in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or

    (iv) create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Blizzard. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by Blizzard for public use.

    (v) use the Voice Client for any unlawful purposes. In particular you shall not (i) eavesdrop, intercept or monitor any communication which is not intended for you, (ii) use any type of spider, virus, worm, trojan-horse or any other codes or tools that are designed to distort or otherwise interfere with the communication, (iii) use the Voice Client for any commercial communication, or (iv) expose any other user to communication which is offensive, harmful to minors, indecent or otherwise objectionable.
  6. 6. Parental Control.

    Parents can restrict the use their child makes of the Service by way of a parental control system. Further information can be found here: http://www.battle.net/parents
  7. 7. Termination.

    This License Agreement is effective until terminated. Upon termination for any reason, all licenses granted herein as well as licenses for Unlocked 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 S.A.S., 145 rue Yves le Coz, 78000 Versailles, 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 WoW Terms of Use and/or the BNET Terms of Use Agreement. In case of minor violations of these rules Blizzard will provide you with a prior warning of your non-compliance prior to terminating the License Agreement. If, however, your behavior is utterly inacceptable, in particular if it endangers the gaming experience of other players, Blizzard is not required to provider you with such prior warning. A behavior is utterly inacceptable in case of a serious violation of important provisions of this License Agreement, the WoW Terms of Use and/or the BNET Terms of Use Agreement. Important provisions include a violation of Sections 1, 2 and 5 above. In such event, you must immediately destroy the Game and remove the Game Client from your hard drive.
  8. 8. Export Controls.

    The Game may not be re-exported, downloaded or otherwise exported into any country against which the U.S. Government maintains comprehensive economic sanctions, , or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entity List. By installing the Game, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  9. 9. Patches and Updates.

    Blizzard Entertainment and/or Blizzard shall have the right to deploy or provide patches, updates and modifications to the Game, as needed or as useful to:
    (i) enhance the gaming experience by adding new content to the Game, (ii) incorporating new features to the Game, (iii) enhancing content or features already in the Game; (iv) fixing ‘bugs’ that may be altering the Game; and (v) determining how you and other players utilize the Game so that the Game can be enhanced for the enjoyment of the Game’s users; and (vi) protect you and other players against cheating; and (iii) make the gaming environment safer for you. These patches, updates and modifications to the Game must be installed for the user to continue to play the Game. For these purposes, Blizzard Entertainment and/or Blizzard may update the Game remotely, including, without limitation, the Game Client residing on the user's machine, without knowledge or consent of the user, and you hereby grant to Blizzard Entertainment and/or Blizzard your consent to deploy and apply such patches, updates and modifications to the Game.
  10. 10. Duration of the "On-line" Component of the Game and of the Voice Client.

    This Game is an 'on-line' game that must be played over the Internet through the Service, as provided by Blizzard. 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 World of Warcraft, 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 World of Warcraft is "Out of Publication." World of Warcraft shall be considered "Out of Publication" following the date that World of Warcraft is no longer manufactured and/or distributed by Blizzard Entertainment, 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 World of Warcraft 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.
  11. 11. No Responsibility for Individual Communication.

    You acknowledge that the content of the communication with other users through the Voice Client is entirely the responsibility of the user from whom such content originates. You may therefore be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. Blizzard is not liable for any such sort of communication of other users through the Voice Client.
  12. 12. Additional Manufacturer's Guarantee for the Game Client.

    In the event that tangible media (e.g. CD-ROMs or DVDs) containing the Game Client 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 Client.
  13. 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 the Service 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 the Service 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. 14. Rights on Breach.

    The Game, Game Client as well as the Locked Software, 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. 15. Changes to the Agreement.

    Blizzard may, from time to time, change, modify, add to, supplement or deleted this License Agreement. Those changes will become effective upon prior notice as follows: Blizzard will post notification of any such changes to this License Agreement on the World of Warcraft website located at http://eu.battle.net/index.html and will post the revised version of this License Agreement in this location, and may provide other notice which may include by email, postal mail or pop-up screen. After expiry of one month following the notification the continued use of the Game and Services by you will mean you accept any and all such changes. By means of the notification Blizzard will inform you about the fact that the License Agreement has been amended and shall point out that after expiration of one month following the notification your installation or use of the Game shall be deemed as consent to the modification or amendment. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 7 herein. The modified version of the License 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. 16. Miscellaneous.

    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, 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 agreement shall coexist with, and shall not supersede, the WoW Terms of Use and the BNET Terms of Use Agreement. To the extent that the provisions of this Agreement conflict with the provisions of the WoW Terms of Use, the conflicting provisions in the WoW Terms of Use shall govern. In the event of a conflict between the terms of this Agreement and the BNET Terms of Use Agreement, this Agreement shall govern and supersede the BNET Terms of Use Agreement. Sections 4A, 11, 12, 13, 14, 154 and 16 hereof shall survive the termination of this Agreement.


I represent that I am a ‘natural person’ over the age of eighteen (18) years or over the age of majority in my country of residence. I hereby acknowledge that I have read and understand the foregoing License Agreement. I further agree that the action of installing the Game Client is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein on behalf of myself and, as far as applicable, for one minor child for whom I am a parent or legal guardian and whom I have authorized to use the Service and to play the Game.

© 2005-2014 Blizzard Entertainment, Inc. All rights reserved. World of Warcraft is a trademark, and Warcraft and Blizzard Entertainment are trademarks or registered trademarks, of Blizzard Entertainment, Inc., in the U.S. and/or other countries. All rights are reserved.