Diablo III End User License Agreement
IMPORTANT! PLEASE READ CAREFULLY.
THIS VERSION OF THE BATTLE.NET END USER LICENSE AGREEMENT WILL BECOME EFFECTIVE ON MARCH 18, 2014 G.M.T.
Revised as of February 10, 2014
NOTICE: Both the gold and real-money auction house systems for Diablo III will be permanently shut down on March 18, 2014. For more information, please visit diablo3.com.
THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, YOU MAY CALL (800) 757-7707 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE.
Additional License Limitations. The license granted to you in Section 1 above is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Blizzard’s copyrights in and to the Game. You agree that you will not, under any circumstances:
- In whole or in part, copy or reproduce (except as provided herein), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game;
- Exploit the Game or any of its parts for any commercial purpose without Blizzard’s express permission, except that you may use the Game on the Service at a publicly available cyber café or computer gaming center.
- Use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information;
- Modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by Blizzard;
- Create, utilize or transact in “Duplicated Items.” A “Duplicated Item” is any item in the Game created or copied by exploiting errors in the Game’s design, features which have not been documented, errors in the Service, and/or program bugs;
- Host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Blizzard), or as part of content aggregation networks;
- Facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using third party programs or tools; or
- Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game or your rights to the Game to any other party in any way not expressly authorized herein.
Ownership. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. You have no interest, monetary or otherwise, in any feature or content contained in the Game or associated with the Account.
Pre-Loaded Software The media on which the Game is distributed may contain additional software that requires a separate license before it can be used (“Additional Software”). You agree that Blizzard may install this Additional Software on your hard drive as part of the Game installation process. You also agree that you will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on this Additional Software until and unless you receive from Blizzard a license to use it along with a valid alphanumeric key with which to activate all or portions of the Additional Software. The terms of the End User License Agreement displayed during the installation or activation of the Additional Software will replace and supersede this Agreement, but only with regard to those portions of the Additional Software for which you receive a license from Blizzard. Notwithstanding anything to the contrary herein, you may make one (1) copy of the Additional Software for archival purposes only.
No Transfer or Sublicense. THE GAME IS LICENSED, NOT SOLD. NEITHER THE GAME NOR THE LICENSE GRANTED IN SECTION 1 MAY BE SUBLICENSED OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID. If a court of competent jurisdiction finds the foregoing sentence to be unenforceable, you agree that you will call Blizzard Customer Service at 1-800-592-5499 to arrange for the transfer of your rights under this Agreement to another person with a valid Battle.net account; provided, however, that Blizzard may charge a processing/handling fee to facilitate the transfer, issue a unique key to the transferee, and remove the preexisting key from the Battle.net account registered to you.
Consent to Monitor. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 2. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
Termination. This License Agreement is effective until terminated. You may terminate this License Agreement at any time by providing notice to Blizzard customer service via email at email@example.com, at which time Blizzard will remove your license to use the Game from the Account. Blizzard may terminate this Agreement at any time for any reason or no reason. Upon termination, all licenses granted herein shall immediately terminate and you must promptly remove the Game from your hard drive.
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. You represent and warrant 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 may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Blizzard may update the Game remotely, including without limitation the Game residing on your machine, without your knowledge, and you hereby grant to Blizzard your consent to deploy and apply such patches, updates and modifications.
Limited Warranty. Blizzard warrants that the media containing the Game shall be free from defects in material and workmanship for a period of 90 days from the date of your purchase of the Game. In the event that the media containing the Game proves to be defective during that time period, Blizzard will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money when you present Blizzard with proof of purchase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. THE GAME (INLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of the use or performance of the Game (including without limitation the Game program and manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Blizzard’s option. To submit a warranty claim to Blizzard, please call 1800 041 378 or send to PO Box 544, Pyrmont NSW 2009 Australia. The user is responsible for the costs of returning media to Blizzard.
Limitation of Liability, Indemnity. NEITHER BLIZZARD NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. NEITHER BLIZZARD NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. BLIZZARD SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION 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 BLIZZARD BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall Blizzard's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to Blizzard during the six (6) months immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold Blizzard harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Blizzard arising out of or from (a) your use of the Game; and (b) your violation of any provision of this Agreement. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
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 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.
Changes to the Agreement and/or Game. Blizzard may replace this Agreement with new versions (each a “New EULA”) over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review and accept the New EULA. If you accept the New EULA, and if the Account registered to you remains in good standing, you will be able to continue playing the Game subject to the terms of the New EULA. If you decline to accept the New EULA, or if you cannot comply with the terms of the New EULA for any reason, you will no longer be permitted to play the Game. New EULAs will not be applied retroactively. Blizzard may change, modify, suspend, or discontinue any aspect of the Game at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
Dispute Resolution and Governing Law. Any and all disputes between you and Blizzard which arose out of this Agreement will be resolved in accordance with the Blizzard Entertainment Dispute Resolution Policy, which is available for your review here: http://us.blizzard.com/en-us/company/legal/dispute-resolution-policy.html.
Governing Law. Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who purchased a license to the Game in, and are a resident of Canada, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. Those who choose to access the Service from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable
Severability. You and Blizzard agree that if any portion of Section 15 is found illegal or unenforceable (except any portion of 15(d)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 15 (d) is found to be illegal or unenforceable then neither you nor Blizzard will elect to arbitrate any Dispute falling within that portion of Section 15 (d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Blizzard agree to submit to the personal jurisdiction of that court.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking "Accept" or installing the Game I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.