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YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACE OF PURCHASE OR CONTACT BLIZZARD ENTERTAINMENT CUSTOMER SERVICE AT (949) 955-1382 FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN THIRTY (30) DAYS OF THE ORIGINAL PURCHASE.

This software program (the "Program"), any printed materials, any online or electronic documentation, and any and all copies and derivative works of such software program and materials are the copyrighted work of Blizzard Entertainment. All use of the Program is governed by the terms of the End User License Agreement which is provided below ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.

END USER LICENSE AGREEMENT

1. Limited Use License. Blizzard Entertainment ("Blizzard") hereby grants, and by installing the Program You thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a home, business, or portable computer. In addition, the Program has a multi-player capability that allows users to utilize the Program over the Internet via Blizzard Entertainment's online game network, Battle.net. Use of the Program over Battle.net is subject to your acceptance of Battle.net's Terms of Use Agreement. Blizzard Entertainment reserves the right to update, modify, or change the Battle.net Terms of Use Agreement at any time.

2. Ownership. All title, ownership, and intellectual property rights in and to the Program and any and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by Blizzard Entertainment or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Program contains certain licensed materials, and Blizzard's licensors may protect their rights in the event of any violation of this Agreement.

3. Responsibilities of End User.

   A. Subject to the Grant of License hereinabove, You may not, in
   whole or in part, copy, photocopy, reproduce, translate, reverse
   engineer, derive source code, modify, disassemble, decompile,
   create derivative works based on the Program, or remove any
   proprietary notices or labels on the Program without the prior
   consent, in writing, of Blizzard.
   B. The Program is licensed to you as a single product. Its
   component parts may not be separated for use on more than one
   computer.
   C. You are entitled to use the Program for your own use, but you
   are not entitled to:
       (i) sell or grant a security interest in or transfer
       reproductions of the Program to other parties in any way,
       nor to rent, lease, or license the Program to others without
       the prior written consent of Blizzard;
       (ii) exploit the Program or any of its parts for any
       commercial purpose, including, but not limited to, use at a
       cyber cafe, computer gaming center, or any other
       location-based site. Blizzard may offer a separate Site
       License Agreement to permit You to make the Program
       available for commercial use--contact Blizzard for details;
       (iii) host or provide matchmaking services for the Program
       or emulate or redirect the communication protocols used by
       Blizzard in the network feature of the Program, through
       protocol emulation, tunneling, modifying or adding
       components to the Program, use of a utility program, or any
       other techniques now known or hereafter developed for any
       purpose, including, but not limited to, network play over
       the Internet, network play utilizing commercial or
       non-commercial gaming networks, or as part of content
       aggregation networks without the prior written consent of
       Blizzard;
       (iv) create or maintain, under any circumstance, more than
       one simultaneous connection to Battle.net. All such
       connections to Battle.net, whether created by the Program or
       by other tools and utilities, may only be made through
       methods and means expressly approved by Blizzard
       Entertainment. Under no circumstances may You connect or
       create tools that allow You to connect to Battle.net's
       private binary interface or interfaces other than those
       explicitly provided by Blizzard Entertainment for public
       use; and
       (v) utilize "Duplicated Characters" and/or "Duplicated
       Items" on Battle.net, including, but not limited to,
       weapons, armor, rings, amulets, stones, staves, etc., that
       were created by exploiting a slow connection or "lag,"
       programming error, or any other manner that allows You to
       utilize "Duplicate Characters" and/or "Duplicate Items" on
       the Battle.net service. In the event that Blizzard discovers
       that You are utilizing such characters and/or items on
       Battle.net, You hereby acknowledge that Blizzard may, at its
       sole discretion, delete such characters and/or items from
       your account on Battle.net.

4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Program from your home, business or portable computer.

5. Acknowledgments. You hereby acknowledge (i) that certain games played on Battle.net require electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, weapons, armor, quests, and maps ("Online Data"), be stored upon Battle.net for Your use when utilizing Battle.net to play these games online, You hereby agree and acknowledge that Blizzard shall not have any liability to You for the loss of Online Data for any reason whatsoever, including, but not limited to server failure, telephonic interruptions of any kind, defects, viruses or other harmful components, and negligent acts of Blizzard and/or its affiliates; and (ii) You understand and acknowledge that any Hardcore(TM) Character that You create on Battle.net is created at Your own risk and that Blizzard Entertainment is not liable or responsible for any disruption of service, including, but not limited to, ISP disruptions, network or server lag, software or hardware failures, or any other event that may cause a loss of data or disruption of service that results in the permanent death of said Hardcore(TM) Character.

6. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program. Blizzard may, at its discretion, terminate this License Agreement in the event that You fail to comply with the terms and conditions contained herein. In such event, You must immediately destroy the Program.

7. Export Controls. The Program 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 Program, 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.

8. Limited Warranty. Blizzard expressly disclaims any warranty for the Program and Manual(s). The Program and Manual(s) are provided "as is," without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Program and Manual(s) remains with the You, however, Blizzard warrants up to and including 90 days from the date of your purchase of the Program that the media containing the Program shall be free from defects in material and workmanship. In the event that the media proves to be defective during that time period, and upon presentation to Blizzard of proof of purchase of the defective Program, Blizzard will at its option 1) correct any defect, 2) provide You with a product of equal or lesser value, or 3) refund your money. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to You.

9. Limitation of Liability. NEITHER BLIZZARD, VIVENDI UNIVERSAL PUBLISHING, INC., ITS PARENT, SUBSIDIARIES, OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM OR USE OF BLIZZARD ENTERTAINMENT'S ONLINE GAME NETWORK, BATTLE.NET, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. BLIZZARD FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE. SPECIFICALLY, BLIZZARD MAKES NO WARRANTIES THAT THE PERFORMANCE OR FUNCTIONALITY OF THE PROGRAM WILL NOT BE AFFECTED BY DATES PRIOR TO, DURING, OR AFTER THE YEAR 2000, OR THAT THE PROGRAM WILL BE CAPABLE OF CORRECTLY PROCESSING, PROVIDING, AND/OR RECEIVING DATE INFORMATION WITHIN AND BETWEEN CENTURIES, INCLUDING THE PROPER EXCHANGE OF DATE INFORMATION BETWEEN PRODUCTS OR APPLICATIONS. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, BLIZZARD ENTERTAINMENT SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS, OR USER PROFILE INFORMATION STORED ON BATTLE.NET. I UNDERSTAND AND ACKNOWLEDGE THAT BLIZZARD ENTERTAINMENT CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE ON BATTLE.NET, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply.

10. Equitable Remedies. You hereby agree that Blizzard would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore You agree that Blizzard shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Blizzard may otherwise have available to it under applicable laws. In the event that any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees, and other expenses incurred by such prevailing party in the litigation.

11. Limitations on License. Nothing in this License Agreement shall preclude You from making or authorizing the making of another copy or adaptation of the Program provided, however, that (1) such new copy or adaptation is created as an essential step in your utilization of the Program in accordance with the terms of this License Agreement and for NO OTHER PURPOSE; or (2) such new copy or adaptation is for archival purposes ONLY and all archival copies are destroyed in the event of your Transfer of the Program, the Termination of this License Agreement, or other circumstances under which your continued use of the Program ceases to be rightful.

12. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of California and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of California, County of Los Angeles, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered, or modified only by an instrument in writing, specifying such amendment, alteration, or modification, executed by both parties. 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, such provision will be enforced to the maximum extent permissible, and 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.

I hereby acknowledge that I have read and I understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein. I also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Blizzard and me and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Blizzard and myself.

[edit] Licensing

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