WoW_EULA_enEU_20070828
This software program on CD-ROM, and any files that are delivered to you (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 copyrighted works. 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 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"). 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 Entertainment, Inc. is your contractual partner for the performance of the Service. 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, Inc. (herein referred to as "Blizzard Entertainment") 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 reserves the right to update, modify or change the Terms of Use for the reasons stated in Section 8 below. Changes to the Terms of Use will be notified and enter into force according to Section 13 below.
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/en/legal/termsofuse.html. 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 place where you purchased the Game within thirty (30) days of the original purchase.
3. Ownership.
A. All intellectual property rights in and to the Game 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. 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 play World of Warcraft, you are required to establish a user account (the "Account") as described in the Terms of Use that is unique to you and non-transferable. To establish the Account, you will be asked to provide Blizzard Entertainment with an Authentication Key of the Game that is exclusively linked to the Account you have established with the Authentication Key. Therefore, Bllizzard Entertainment does not allow you to transfer ownership of the Game Client to third parties.
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) backup copy of the Game Client 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, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site without the prior express written consent of Blizzard Entertainment;
(iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Blizzard Entertainment 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. 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 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.
5. Parental Control. Parents can resitrict the restrict the use their child makes of the Service by way of a parental control system. For further details please click here.
6. 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 by mail of your intention to terminate this License Agreement to the following address: Blizzard Entertainment S.A.S., TSA 60 001, 78143 Vélizy-Villacoublay Cedex, France. Blizzard Entertainment may, at its discretion, terminate this License Agreement in the event of a significant breach of 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.
7. 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.
8. 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.
9. 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 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.
Blizzard Entertainment 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 Entertainment is not liable for any such disruptions, delays or other omissions in any communication during your use of the Voice Client.
Blizzard Entertainment 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 Entertainment 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 Entertainment 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 Entertainment shall provide you with no less than three (3) months prior notice. Neither the Service nor Blizzard Entertainment's agreement to provide access to the Service shall be considered a rental or lease of time on or capacity of Blizzard Entertainment's servers or other technology.
10. 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 Entertainment is not liable for any such sort of communication of other users through the Voice Client.
11. Additional Manufacturer's Guarantee for the Game Client. In the event that CD-ROMs containing the Game Client were purchased in the European Union and they prove to be defective and provided you inform Blizzard Entertainment 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 Entertainment will, upon presentation to Blizzard Entertainment of proof of purchase of the defective media and the media itself, at its option 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.
12. Limitation of Liability . As regards the online service provided by Blizzard Entertainment, for damages or compensation of unavailing expenditures, whatever the legal basis including tort may be, the following rules apply: Blizzard Entertainment 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 CD-ROMs containing the Game Client in Germany or Austria or if you access the WOW servers from the territory of Germany or Austria or in such other countries where local laws would apply, Blizzard Entertainment 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 Entertainment shall not be liable for slight negligence. However, if you acquired the CD-ROMs containing the Game Client in Germany or Austria or if you access the WOW servers from the territory of Germany or Austria, Blizzard Entertainment may also be liable for slight negligence if Blizzard Entertainment is adjudged to be in breach of a “material” contractual obligation hereunder. In such cases, Blizzard Entertainment's liability is limited to typical and foreseeable damages. In other cases Blizzard Entertainment shall not be liable for slight negligence.
13. Rights on Breach. The Game, Game Client, 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.
14. 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 6 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.
15. 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 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. Sections 10, 11, 12, 13, 14 and 15 hereof shall survive the termination of this Agreement.
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.
© 2005-2007 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.