World of Warcraft End User License Agreement
WORLD OF WARCRAFT®
END USER LICENSE AGREEMENT
Last Updated December 15, 2010
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.
Grant of a Limited Use License.
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.
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.
Parents can restrict the use their child makes of the Service by way of a parental control system. Further information can be found here: https://www.wow-europe.com/account/parental-control-schedule.html
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. 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.
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.
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.
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.
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.
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.
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.
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.
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.
© 2005-2010 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.