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NOTICE:
IMPORTANT! PLEASE READ CAREFULLY.
THIS VERSION OF THE BATTLE.NET END USER LICENSE AGREEMENT WILL BECOME EFFECTIVE ON MARCH 18, 2014 AT 12:00 A.M., G.MT.
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YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING THE BATTLE.NET CLIENT OR USING THE BATTLE.NET SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THIS SOFTWARE PROGRAM.
BATTLE.NET® END USER LICENSE AGREEMENT
Thank you for your interest in Blizzard Entertainment, Inc.’s (“Blizzard” or “we”) Battle.net® service (the “Service”) and Blizzard’s interactive games (“Games”). Blizzard Entertainment, Inc., has licensed its rights to exploit the Games and the Service in the Philippines, Indonesia, Malaysia, Singapore, Australia and New Zealand, to Blizzard Entertainment International (“Blizzard” or “we”), a division of Coöperatie Activision Blizzard International U.A. Blizzard is your contractual partner. This Agreement sets forth the terms and conditions under which you are licensed to install and use the Battle.net client software (“Battle.net Client”) to obtain access to the Service, and use Games on the Service. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE BATTLE.NET CLIENT OR ANY OF THE GAMES. 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 HTTP://WWW.BATTLE.NET/SUPPORT 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.
1. The Service.
A. The Battle.net Account. To use the Service, you must register, or have previously established, an account on the Service (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:
i. 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 Service.
ii. The maximum number of Accounts that a person may register on the Service is limited to no more than three (3) Accounts.
iii. When creating or updating an Account, you are required to provide Blizzard with accurate and up to date personal information such as your name, address, phone number, email address. Additionally, Blizzard may require you to provide payment information to play certain Games or use certain features of the Service. Blizzard’s retention 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 Service. Certain Games playable on the Service 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.
iv. To add a Game license to an Account, an authentication key generated by Blizzard is required. The authentication code will be included in the packaging materials for Games purchased at retail, and for Games purchased digitally from Blizzard, the authentication code will be assigned to the Account when the Game is purchased. A Game license must be added to an Account before you can play that Game.
v. During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”). You agree that you will not use your real name as the password for the Account, and that you will not share the Account or the Login Information with anyone other than as expressly set forth in this Agreement.
vi. vi. Please review Blizzard’s Battle.net Account Security information. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. In the event 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 Battle.net Support.
vii. 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 Service, 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.
viii. Your use of the Service and Games to interact with Blizzard and other players is governed by Blizzard’s In-Game Policies which are maintained and enforced exclusively by Blizzard (the “In-game Policies”). The In-Game Policies are not meant to be exhaustive. The In-Game Policies are incorporated into this Agreement by this reference, and is available for your review here.
ix. 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 Battle.net 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 Service at any time. YOU ACKNOWLEDGE THAT BLIZZARD IS NOT REQUIRED TO REFUND AMOUNTS PAID TO BLIZZARD FOR THE USE OF THE SERVICE, OR PURCHASES MADE THROUGH THE SERVICE, FOR ANY REASON.
x. Blizzard shall have the right to monitor and/or record your communications when you use the Service. When You use the Service, you acknowledge and agree that you have no expectation of privacy concerning your communications. Blizzard reserves the right to disclose your communications for any reason, including without limitation: (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 our legal rights and remedies; (d) to protect the health or safety of anyone we believe may be threatened; or (e) to report a crime or other offensive behavior.
B. Grant of License. If you accept and comply with the terms of this Agreement, Blizzard will grant and you will receive a non-sub licensable, and non-exclusive license to use the Service and Games subject to the “License Limitations,” set forth in Section C below, as follows:
i. You may install the Battle.net Client on one or more computers under your legitimate control to access and use the Service.
ii. You may use the Service for your personal and non-commercial entertainment purposes only, unless otherwise set forth in this Agreement.
iii. You may make and distribute copies of the Battle.net Client free of charge for other potential users’ provided they agree to the terms of this Agreement.
iv. You may not transfer your rights and obligations to use the Service.
v. With regards to Games that are 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; and
vi. Certain Games may be subject to specific license terms that may include the following:
1. Trial or ‘Starter’ versions of Games allow you to play a limited version of the Game before you will be required to purchase a Game license from Blizzard. Licenses to use the full version of these Games can be purchased through the Service.
2. In certain cases, the “full version,” of Games can only be played after you purchase a license for the Game.
3. You may play the Game(s) you have licensed at publicly available cyber cafés or computer gaming centers on the Service through an Account registered to you.
C. License Limitations. You agree and acknowledge that the foregoing license is revoked any time that 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:
i. 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 Battle.net Client, Service, or Games.
ii. Cheating: Create, use, offer, 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 a
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