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
FROM WHICH YOU OBTAINED IT FOR A FULL REFUND.
This software program (the "Program"), any printed materials, any on-
line or electronic documentation, and any and all copies and
derivative works of such software program and materials are the
copyrighted work of Blizzard Entertainment, a division of Davidson &
Associates, Inc., or its suppliers. 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 or portable computer. In
addition, the Program has a multi-player capability that allows up to
eight players per registered version of the Program to play
concurrently. These additional copies of the Program are known as and
referred to hereafter as "Spawned Versions." You may install Spawned
Versions of the Program on an unlimited number of computers. However,
Spawned Versions of the Program must be played in conjunction with the
registered version of the Program from which they were spawned. All of
the terms and conditions of the License Agreement shall also apply to
the Spawned Version of the Program, with the exception that the
Spawned Version Program may be installed on as many computers as you
wish. The Program also contains a Level Editor (the "Editor") that
allows you to create custom levels or other materials for your
personal use in connection with the Program ("New Materials"). All use
of the Editor or any New Materials is subject to this License
Agreement. The Program is licensed, not sold. Your license confers no
title or ownership in the Program.
2. Ownership. All title, ownership rights 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 be entitled to:
(i) sell, 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 cafй, 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) use or allow third parties to use the Editor and the
New Materials created thereby for commercial purposes
including, but not limited to, distribution of New Materials
on a stand alone basis or packaged with other software or
hardware through any and all distribution channels,
including, but not limited to, retail sales and on-line
electronic distribution without the express written consent
of Blizzard; and
(iv) 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.
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 and any New Materials from your home or portable computer.
5. Termination. This License Agreement is effective until
terminated. You may terminate the License Agreement at any time by
destroying the Program and any New Materials. 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 and any New Materials.
6. 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.
7. Limited Warranty. Blizzard expressly disclaims any warranty for
the Program, Editor and Manual(s). The Program, Editor 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 User, 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.
8. Limitation of Liability. NEITHER BLIZZARD, DAVIDSON &
ASSOCIATES, 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 EDITOR INCLUDING, BUT NOT LIMITED TO, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
9. 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.
10. 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 parities 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 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 I and that
the License Agreement supersedes any prior or contemporaneous
agreement, either oral or written, and any other communications
between Blizzard and myself.