Blizzard Entertainment:Blizzard End User License Agreement

Blizzard End User License Agreement

BLIZZARD® END USER LICENSE AGREEMENT

LAST REVISED AUGUST 17, 2017

IMPORTANT NOTICE:

THIS VERSION OF THE BLIZZARD END USER LICENSE AGREEMENT WILL BECOME EFFECTIVE ON AUGUST 25, 2017.

YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING BLIZZARD’S ONLINE GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.

Thank you for your interest in Blizzard Entertainment, Inc.’s online gaming platform (formerly known as “Battle.net”) and interactive games, and the interactive games from other developers (“Licensors”) who make their games available for purchase and use on and through the Platform (collectively, the “Games”). Except as otherwise provided below, if you reside in the United States, Canada, or Mexico, use of the Platform is licensed to you by Blizzard Entertainment, Inc., a Delaware corporation, and if you are not a resident of the United States, Canada, or Mexico, use of the Platform is licensed to you by Activision Blizzard International B.V., Beechavenue 131 D, 1119 RB Schiphol-Rijk, the Netherlands (Blizzard Entertainment, Inc., and Activision Blizzard International B.V. are referred to herein as “Blizzard”, “we,” or “us”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Platform. The term “Platform,” as used in this Agreement, means and refers collectively, and at times individually, to (1) the Blizzard App Client software (formerly known as the “Battle.Net” Client), (2) the gaming services offered and administered by Blizzard in connection with the Blizzard App Client and the Games, (3) each of the Games (including any authorized mobile apps relating to the Games), (4) Blizzard’s Game-related websites and their associated forums, and (5) all features and components of each of them, whether installed or used on a computer or mobile device. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE BLIZZARD PLATFORM. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN FOURTEEN (14) DAYS AFTER YOUR PURCHASE OF A GAME FROM BLIZZARD, YOU MAY CONTACT BLIZZARD AT 1-800-592-5499 TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF THAT GAME. IF YOU PURCHASED A GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.

The Platform.
1. The Blizzard Account.
  To use the Platform, you must register, or have previously registered, an account on the Platform (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:
  1. You may establish an Account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Blizzard from using the Platform.
  2. When you create or update an Account, you must:
    1. provide Blizzard with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to play certain Games or use certain features offered on the Platform, you may be also be required to provide Blizzard with payment information (such as credit card information). Blizzard’s retention and/or use of your personal information is subject to Blizzard’s Privacy Policy, located at http://us.blizzard.com/en-us/company/about/privacy.html. Blizzard shall also have the right to obtain non personal data from your connection to the Platform; and
    2. select a unique username and password (collectively referred to hereunder as “Login Information”). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
  3. To play Games on the Platform, you will need to add a Game license to an Account, which requires an authentication code generated by Blizzard. For Game licenses purchased at retail, the authentication code will either be included in the packaging materials or sent to you via electronic means. If you purchase a Game digitally from Blizzard, the authentication code will be assigned to the Account when you purchase the Game.
  4. Please take a few moments to review Blizzard’s Account Security information here. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Blizzard at support@blizzard.com.
  5. Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on the Platform, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
  6. Your use of the Platform to interact with Blizzard and other players is governed by Blizzard’s Code of Conduct (the “Code of Conduct”) and applicable in-game policies (the “In-game Policies”). The Code of Conduct and In-Game Policies are not meant to be exhaustive. The Code of Conduct and In-Game Policies are incorporated into this Agreement by this reference, and are available on Blizzard’s Customer Support database, located at: https://us.support.blizzard.com/en-us/.
  7. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically (e.g., debited from your Blizzard Balance or charged to your credit card) until you cancel the subscription or the Account. Blizzard may revise the pricing for the goods and services offered through the Platform at any time. YOU ACKNOWLEDGE THAT BLIZZARD IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO BLIZZARD FOR USE OF THE PLATFORM, OR FOR DIGITAL PURCHASES MADE THROUGH THE PLATFORM, FOR ANY REASON.
  8. Blizzard shall have the right to monitor and/or record your communications when you use the Platform, and you acknowledge and agree that when you use the Platform, you have no expectation that your communications will be private. Blizzard shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Blizzard policy; (c) to protect Blizzard’s legal rights and remedies; (d) to protect the health or safety of anyone that Blizzard believes may be threatened; or (e) to report a crime or other offensive behavior.
2. Grant of License. If you accept and comply with the terms of this Agreement, Blizzard will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth in Section 1.C below, as follows:
  1. You may install applicable components or features of the Platform (including the Games) on one or more computers or mobile devices under your legitimate control.
  2. You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
  3. You may not transfer your rights and obligations to use the Platform.
  4. With regards to Games purchased from retailers on original media (e.g., on CD-ROM, DVD, etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Blizzard does not recognize any purported transfer of the Games.
  5. Some of the Games may be subject to specific license terms that may include the following:
3. License Limitations. Blizzard may suspend or revoke your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
  1. Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.
  2. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
    1. cheats; i.e. methods, not expressly authorized by Blizzard, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
    2. bots; i.e. any code and/or software, not expressly authorized by Blizzard, that allows the automated control of a Game, or any other feature of the Platform, e.g. the automated control of a character in a Game;
    3. hacks; i.e. accessing or modifying the software of the Platform in an manner, not expressly authorized by Blizzard; and/or
    4. any code and/or software, not expressly authorized by Blizzard, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
  3. Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Blizzard, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.v.3.); (ii) gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Blizzard’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
  4. “esports”: Use the Platform for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Blizzard or obtaining Blizzard’s prior written consent. For more information on obtaining appropriate authorization, please visit Blizzard’s website.
  5. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform; provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
  6. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.
  7. Matchmaking: Host, provide or develop matchmaking services for the Game(s), 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.
  8. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by Blizzard.
  9. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.
  10. Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of Blizzard’s Platform in any way, including:
    1. Disrupting or assisting in the disruption of any computer used to support the Platform or any Game environment. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
    2. Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates Blizzard’s Code of Conduct or In-Game Policies.
  11. Violation of Laws: use the Platform to violate any applicable law or regulation.
4. Platform and Game-Specific Features.
  1. Platform Features
    1. Global Play. Certain Games feature “Global Play,” which allows you to play with players who are outside of the region associated with the Account that you have registered. The Global Play feature requires that some or all of your personal information provided to Blizzard when you registered the Account be transferred to servers operated by Blizzard in the regions where you wish to play the Game. By agreeing to participate in Global Play, you agree that Blizzard can transfer your data to Blizzard’s servers in each of the regions that you select to participate in using the Global Play feature. For more information, please review Blizzard’s Privacy Policy located at http://us.blizzard.com/en-us/company/about/privacy.html.
    2. Blizzard Balance.
      1. As an active Account holder, you may participate in the Blizzard Balance service (“Blizzard Balance”). Blizzard Balance can only be used to obtain certain products and services offered by Blizzard; it has no cash value. Blizzard grants you a limited license to acquire, use, and redeem Blizzard Balance pursuant to the terms of this Agreement. Regardless of how it is acquired, Blizzard Balance is non-transferable to another person or Account, does not accrue interest, is not insured by the Federal Deposit Insurance Corporation (FDIC), and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money or monetary value from Blizzard at any time. Blizzard Balance does not constitute or confer upon you any personal property right. Blizzard Balance is not a bank account. And, while you can register and play on multiple Accounts, you are not allowed to have more than three (3) Accounts with Blizzard Balance.
      2. To purchase Blizzard Balance, go to https://us.account.blizzard.com/en-us/ebalance-purchase.html and follow the instructions provided to you on that page. You may choose to purchase Blizzard Balance in different currencies (e.g., US Dollars, Mexican Pesos, Chilean Pesos, and/or Argentinean Pesos) in order to redeem your Blizzard Balance for certain products or services offered on the Platform. It may take up to five (5) days before purchases of Blizzard Balance are made available for your use. Certain minimums may apply to purchases of Blizzard Balance, and the maximum balance of your Blizzard Balance at any time is limited to the equivalent of $350.00 USD, and the maximum value of all transactions using Blizzard Balance is limited to $2,000.00 USD per day. The balance of your Blizzard Balance shall be determined by converting the Blizzard Balance across all of the various currencies in your Blizzard Balance on all Accounts registered to you to the equivalent of US Dollars using the currency conversion formulas posted on http://online.wsj.com/mdc/public/page/2_3021-forex.html. Blizzard reserves the right to change the maximum and minimum amounts applicable to Blizzard Balances at any time in accordance with Section 9.B. of this Agreement. Transactions to purchase Blizzard Balance, or redeem Blizzard Balance for certain goods and services from Blizzard, are governed by the terms of this Agreement and the Blizzard Terms of Sale, which can be viewed at http://us.blizzard.com/en-us/company/about/termsofsale.html. Purchases of Blizzard Balance are non-refundable, unless otherwise required by law. IN ORDER TO HAVE A BLIZZARD BALANCE OF MORE THAN $10.00 USD, YOU MUST ATTACH A BLIZZARD AUTHENTICATOR TO YOUR ACCOUNT. You can download the Blizzard Authenticator for mobile devices at https://us.account.blizzard.com/en-us/support/mobile-auth-download.html, or you can purchase a Battle.net Authenticator at http://us.blizzard.com/store/browse.xml?f=c:6,c:29.
      3. Blizzard will not send you a statement of itemized transactions for your Blizzard Balance. In order to check the balance of your Blizzard Balance or review your recent Blizzard Balance transactions, go to https://us.account.blizzard.com/en-us/transaction-history.html. You are solely responsible for verifying that the proper amount of Blizzard Balance has been added to or deducted from your Blizzard Balance.
      4. Sales tax may apply to your redemption of Blizzard Balance for products or services purchased through the Platform in some jurisdictions. The amount of tax charged depends upon many factors, including the type of product or service purchased.
      5. Blizzard reserves the right to reduce, liquidate, deactivate, suspend or terminate your Blizzard Balance, or other Platform features if Blizzard determines, in its sole discretion, after investigation, that you have violated this Agreement, including the license limitations set forth in Section 1.C., misused Blizzard Balance, or have otherwise used Blizzard Balance to conduct any fraudulent or illegal activity.
      6. You are responsible for all uses of your Blizzard Balance. If you suspect that your Blizzard Balance has been compromised, you should contact Blizzard Customer Service at support@blizzard.com so that the matter can be investigated. Blizzard, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Blizzard has the information that Blizzard deems necessary to verify your claim, Blizzard will take actions to freeze your Account until Blizzard has returned control of your Account to you. Regardless of any actions Blizzard may take on your behalf, you acknowledge and agree that Blizzard has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.
    3. Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform and/or in certain Games playable on the Platform, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Blizzard and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
    4. User Created or Uploaded Content. The Platform may provide you an opportunity to upload and display content on the Platform, such as on the Blizzard forums, and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the “User Content”). User Content specifically does not include a Custom Game, as defined in Section 1.D.ii.1. below. You hereby grant Blizzard a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Blizzard shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to Blizzard any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and Blizzard, and Blizzard may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and Blizzard. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Blizzard may remove any User Content and any related content or elements from the Platform at its sole discretion.
    5. Real ID Feature and Identity Disclosure. The Platform allows you to disclose your identity to other users of the Platform through the “Real ID Friends” feature. If you use the Real ID feature and opt-in to a request to be “Real ID Friends” with another user, that user will be able to see your real name and online status. Certain features, such as the Platform Voice Chat App, are only available between users of the Platform who have opted in to the Real ID feature. IF YOU OPT-IN TO THE REAL ID FEATURE, THOSE PEOPLE YOU DESIGNATE AS A “REAL ID FRIEND” WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER “REAL ID FRIENDS,” AND YOUR NAME AND ONLINE STATUS WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR “REAL ID FRIENDS” HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the Real ID feature at any time by deleting all Real ID Friends from your Account.
  2. Game Features.
    1. Game Editors. Certain Games include editing software (hereafter referred as “Game Editor(s)”) that will allow you to create custom games, levels, maps, scenarios or other content (“Custom Games”).For purposes of this Agreement and any agreements referenced herein, “Custom Games” includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas. A Custom Game may only be used with the Game’s engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is set forth in the Custom Game Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference, and which can be found at http://us.blizzard.com/en-us/company/legal/acceptable-use.html. Blizzard may modify, remove, disable, or delete Custom Games at any time in its sole and absolute discretion.
    2. Community Tournaments. In order to support local esports tournament activities, Blizzard provides a license program for organizers of community tournaments under its Community Competition License, which can be found at http://us.blizzard.com/en-us/company/legal/community-competition-license.html.
    3. Beta Testing Pre-Release Versions of Games. Certain pre-release versions of Games may be made available to you through the Platform for testing (“Beta Test”). Your participation in a Beta Test through the Platform will be governed by the following:
      1. Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
        
        Blizzard must designate you to participate in a Beta Test (a “Beta Tester”);
        
        The Account that you will use to participate in the Beta Test must be in good standing;
        
        If the Beta Test is to test an expansion to a Game, then the Account must be upgraded with all previous expansions to that particular Game;
        
        You agree to allow Blizzard to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “Beta Test System”) prior to registration for the Beta Test in order for Blizzard to determine if you are eligible to participate in the Beta Test; and
        
        The Beta Test System must meet the specifications which Blizzard determines are required for the Beta Test.
      2. Confidentiality. If Blizzard announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until Blizzard informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
        
        Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
        
        Information related to the Game that you are Beta Testing, such as the Game’s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armor, weapons, stability of the Game, etc.
      3. Beta Tests and Real Money Features. Certain Games may have features that will allow you to purchase licenses to use digital items or services through the Game’s interface. If you purchase a license to use a digital item or service through the Game’s interface during a Beta Test, all purchases are subject to the Terms of Sale. Blizzard will not provide you with a refund for your purchase of a digital item or service, and in some cases, items or services purchased during a Beta Test may not transition to the retail release version of a Game. In those cases, Blizzard will provide you with information that explains what, if any, credit you would receive for your purchase of digital goods or services for real money during a Beta Test once the Beta Test has concluded.
      4. Feedback. During and after the Beta Test, you may be provided with an opportunity to give Blizzard your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to Blizzard in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to Blizzard via electronic mail.
      5. Acknowledgments. You acknowledge that:
        
        the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
        
        you have, or will, back-up your hard drive prior to installation of the Beta;
        
        you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
        
        Blizzard is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
        
        Blizzard may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-game chat, forum postings, etc.;
        
        Blizzard may delete or modify the information stored by the Platform or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
        
        Blizzard may transfer software program files to the Beta Test System, including a program that will collect and send Blizzard CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and
        
        You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Blizzard’s express authorization.
      6. Termination. Blizzard can terminate a Beta Test at any time. When Blizzard terminates a Beta Test, you must delete the pre-release version of the Game that was the subject of the Beta Test and all documents and materials you received from Blizzard in connection with the Beta Test, and you may be asked by Blizzard to remove any elements of the Beta from any hard drives on which the pre-release version of the Game that was the subject of the Beta Test has been installed. You agree and acknowledge that Blizzard’s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, refunds for time purchased to access World of Warcraft, etc.
      7. Sections of the Agreement Applicable to Beta Tests. When participating in a Beta Test, the terms of this Section 1.D.ii.3. shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1.D.ii.3. Additionally, Section 1.B.iv., and 1.B.v.3. of the Agreement are specifically excluded from the use of a Beta.
Blizzard’s Ownership.
1. With the sole exception of the Licensors’ Games, Blizzard is the owner or licensee of all right, title, and interest in and to the Platform, including the Games that are produced and developed by Blizzard (“Blizzard Games”), Custom Games derived from a Blizzard Game, Accounts, and all of the features and components thereof. The Platform may contain materials licensed by third-parties to Blizzard, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Platform (which do not include content or components of the Licensors’ Games), are owned or licensed by Blizzard:
  1. All virtual content appearing within the Platform, including the Blizzard Games, such as:
    1. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
    2. Narrations: Themes, concepts, stories, and storylines;
    3. Characters: The names, likenesses, inventories, and catch phrases of Game characters;
    4. Items: Virtual goods, such as digital cards, currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.;
  2. All data and communications generated by, or occurring through, the Platform;
  3. All sounds, musical compositions, recordings, and sound effects originating in the Platform;
  4. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
  5. Computer code, including but not limited to “Applets” and source code;
  6. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform;
  7. All Accounts, including the name of the Account and any Battle Tags associated with an Account. All use of an Account shall inure to Blizzard’s benefit. Blizzard does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
  8. All Moral Rights that relate to the Platform, including Custom Games derived from a Blizzard Game, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
  9. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Platform, except as expressly set forth in this Agreement or otherwise by Blizzard in certain contest rules, Blizzard’s Fan Policies, or addenda to this Agreement.
  10. All right, title and interest in and to Blizzard’s websites. The websites and all associated proprietary rights are owned by Blizzard or its licensors, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or Blizzard’s permitting you to use the websites.
Pre-Loaded Software. The Platform may contain additional software that requires you to agree to additional terms prior to your use thereof (“Additional Software”).
1. Installation. You agree that Blizzard may install Additional Software on your hard drive as part of the installation of the Platform, and from time to time during the term of this Agreement.
2. Use. Unless Blizzard grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Blizzard grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement.
3. Copies. You may make one (1) copy of the Additional Software for archival purposes only.
Consent to Monitor. WHILE RUNNING, THE PLATFORM (INCLUDING A GAME) MAY MONITOR YOUR COMPUTER OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1.C. ABOVE. IN THE EVENT THAT THE PLATFORM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE PLATFORM MAY 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) BLIZZARD MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Blizzard in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to Blizzard receiving and/or using this data.
Limited Warranty. THE PLATFORM, ACCOUNTS, AND THE GAME(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Platform and the Game(s) remains with the user. Notwithstanding the foregoing, Blizzard warrants up to and including ninety (90) days from the date of your purchase of a license to the Game, that the physical media on which the Game was distributed, if any, 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 of proof of purchase of the defective media, Blizzard will at its option: (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. 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.
Limitations of Liability. Blizzard, its parent, subsidiaries, Licensors and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Platform or Account(s). Blizzard’s liability shall never exceed the total fees paid by you to Blizzard during the six (6) months prior to your making a claim against Blizzard. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Blizzard’s liability shall be limited to the fullest extent permitted by law.
Indemnity. You hereby agree to defend and indemnify Blizzard, its parent, subsidiaries, Licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Blizzard arising out of or from your use of the Platform or Account(s), or any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, Blizzard Balance, and this Agreement.
Equitable Remedies. You agree that Blizzard would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Blizzard shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Blizzard will not limit its ability to receive remedies that are otherwise available to Blizzard under applicable laws.
Alterations.
1. Alterations to the Agreement.
  1. Blizzard’s Rights. Blizzard may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.
  2. New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms.
    1. Acceptance. If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue using the Platform and Account(s), subject to the terms of the New Agreement.
    2. Rejection. If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Platform or Account(s).
2. Alterations to the Platform. Blizzard may change, modify, suspend, or discontinue any aspect of the Platform or Accounts at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Platform or Accounts without notice or liability.
Term and Termination.
1. Term. This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform. In the event that Blizzard chooses to cease providing the Platform, or license to a third party the right to provide the Platform, Blizzard shall provide you with no less than three (3) months prior notice. Neither the Platform nor Blizzard’s agreement to provide access to the Platform shall be considered a rental or lease of time on the capacity of Blizzard's servers or other technology.
2. Termination.
  1. You are entitled to terminate this Agreement at any time by notifying Blizzard by email at support@blizzard.com.
  2. Blizzard reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Blizzard may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
  3. In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Platform.
Dispute Resolution. Any and all disputes between you and Blizzard which arise out of this Agreement will be resolved in accordance with the Blizzard Entertainment Dispute Resolution Policy, which is available for your review here.
Governing Law.
1. This 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.
2. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
3. If you are a (1) Canadian resident who has (2) purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
4. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
General.
1. The Platform may not be used, 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.
2. Blizzard may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Blizzard’s prior written consent. Your assignment of this Agreement without Blizzard’s prior written consent shall be void.
3. Blizzard’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Blizzard may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
4. Notices.
  1. If to Blizzard.
    1. If you are a resident of the United States, Canada, or Mexico, all notices given by you under this Agreement shall be in writing and addressed to: Blizzard Entertainment, Inc., 1 Blizzard Way, Irvine, CA 92618, Attn: Law Department.
    2. If you are not a resident of the United States, Canada or Mexico, then all notices given by you under this Agreement shall be in writing and addressed to: Activision Blizzard International B.V., Beechavenue 131 D, 1119 RB Schiphol-Rijk, the Netherlands., Attn: Law Department.
  2. If to You. All notices given by Blizzard under this Agreement shall be given to you either through written notice, email, or website blog post.
5. Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
6. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
7. This Agreement, along with Blizzard’s other applicable agreements located at http://us.blizzard.com/en-us/company/legal/, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
8. The provisions of Sections 2, 5, 6, 7, 8, 11, 12, and 13 shall survive termination of this Agreement for any reason.

END

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