WoW EULA enEU 2004103

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.

END USER LICENSE AGREEMENT

This software program on CD-ROM, and any files that are delivered to you by Blizzard Entertainment Europe (via on-line transmission or otherwise) to "patch," update, or otherwise modify 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, with the "Game Client" defined below, the "Game") are the copyrighted work of Blizzard Entertainment Europe, a division of Davidson & Associates, Inc. or its 'affiliates,' specifically including Vivendi Universal Games International, S.A., and/or its suppliers or licensors (collectively, "Blizzard Entertainment Europe"). All use of the Game is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement").

The Game may only be played by obtaining from Blizzard Entertainment Europe access to the 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 "Terms of Use"). If your purchase of the Game included a period of "free access" to the Service, the Terms of Use agreement also governs 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 the License Agreement. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of the License Agreement is expressly prohibited.

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 play the Game through your account with the Service (your "Account"). Blizzard Entertainment Europe hereby grants, and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install the Game Client for your personal use on one (1) or more computers which you own or which are under your personal control. All use of the Game Client is subject to this License Agreement and to the Terms of Use agreement, which you must accept before you can use your Account to play the Game through access to the Service. Blizzard Entertainment Europe reserves the right to update, modify or change the Terms of Use at any time.

2. 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. You may view the Terms of Use by visiting the following website: http://www.wow-europe.com/legal/. If you do not agree with the Terms of Use, then (i) you should not register for an Account to play the Game, and (ii) you should arrange to return the Game to the purchase store within thirty (30) days of the original purchase.

3. Ownership.

A. All title, ownership rights and intellectual property rights in and to the Game 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, 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 Europe. 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 the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

B. To play World of Warcraft you have to, as described in the Terms of Use, create a user account (the "Account") which is bound to one user and is not transferable. When you create the account you will be asked to enter the "Authentication Key" from the World of Warcraft Software you purchased. The Authentication key will then be bound to the Account and cannot be used on another. Blizzard Entertainment Europe does not recognize the transfer of Accounts between persons which is why you may not offer any Account for sale or trade and thus it is also not permitted to sell or trade the World of Warcraft Software.

4. 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, 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 4 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) copy of the Game Client and the Manuals for archival purposes only.

B. 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, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site without the express written consent of Blizzard Entertainment Europe;

(iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Blizzard Entertainment Europe 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 Entertainment Europe. 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 Entertainment Europe for public use.

5. Termination.

This License Agreement is effective until terminated. 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 Entertainment Europe by mail with of your intention to terminate this License Agreement to the following address: Vivendi Universal Games S.A. - Support Clients - TSA 60 001, 78143 Vélizy-Villacoublay Cedex, France. Blizzard Entertainment Europe may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein, or the terms and conditions contained in the Terms of Use. In such event, you must immediately destroy the Game and remove the Game Client from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.

6. 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. 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.

7. Patches and Updates.

Blizzard Entertainment 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, Licensor 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 Licensor your consent to deploy and apply such patches, updates and modifications to the Game.

8. Duration of the "On-line" Component of the Game.

This Game is an 'on-line' game that must be played over the Internet through the Service, as provided by Blizzard Entertainment. It is your entire responsibility to secure an Internet connection and all fees related thereto shall be at your own charge. Blizzard Entertainment will use reasonable efforts to provide the Service all day, every day. However, Blizzard Entertainment 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.

9. Limited Warranty.

Blizzard Entertainment Europe expressly disclaims any warranty for the Game, including the Game Client and Manual(s). THE GAME, GAME CLIENT AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game, Game Client and Manual(s) remains with the user. Notwithstanding the foregoing, and in compliance with European Directive 99/44/EC, Blizzard Entertainment Europe warrants up to and including 60 days from the discovery of the defect and 2 years from the date of your purchase of the Game that the media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Blizzard Entertainment Europe of proof of purchase of the defective media, Blizzard Entertainment Europe will at its option 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. 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.

10. Limitation of Liability.

NEITHER LICENSOR NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. 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 Europe SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. LICENSOR shall NOT BE RESPONSIBLE FOR ANY INTerRUPTIONS OF SERVICE, 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. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. 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 to you.

11. Equitable Remedies.

You hereby agree that Blizzard Entertainment Europe would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Blizzard Entertainment Europe 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 Entertainment Europe may otherwise have available to it under applicable laws. In the event 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.

12. Changes to the Agreement.

Blizzard Entertainment may, from time to time, post notification of changes to this License Agreement on the World of Warcraft website 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. By means of the notification Blizzard Entertainment 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 5 herein. The modified version of the License Agreement shall enter into force at the beginning of the second month following the notification unless Blizzard Entertainment has received a notification of termination from you by that time.

13. Miscellaneous.

This License Agreement shall be deemed to have been made and executed in your country of residence without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of this country. 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 Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. I hereby acknowledge that I have read and understand the foregoing License Agreement and 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.

© 2004 Blizzard Entertainment. All rights reserved. World of Warcraft is a trademark, and Warcraft and Blizzard Entertainment are trademarks or registered trademarks, of Blizzard Entertainment in the U.S. and/or other countries. All rights are reserved.

This license agreement can be read and printed at this web address:

http://www.wow-europe.com/en/legal/eula.html

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