YOU SHOULD CAREFULLY READ THE FOLLOWING BETA TEST LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THE SOFTWARE.
This software program and any accompanying materials or documentation ("Program") is the copyrighted work of Blizzard Entertainment®, a division of Havas Interactive, Inc. and/or its wholly owned subsidiaries, or its suppliers. All use of the Program is governed by the terms of this Beta Test License Agreement which is provided below ("License Agreement"). The Program is solely for use by end users for the purpose of testing the Program according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.
BETA TEST LICENSE AGREEMENT
In consideration of Blizzard Entertainment ("Blizzard") granting your request to view and play the pre-release version of Blizzard's DiabloTM II, you agree to be bound by the terms and conditions of this License Agreement.
2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any 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, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by Blizzard Entertainment or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Program contains certain licensed materials and Blizzard's licensors may protect their rights in the event of any violation of this Agreement
3. Responsibilities of Beta Tester
A. Subject to the Grant of License above, you may not, in whole or in part, copy, reproduce, translate, reverse engineer, disassemble, de-compile, create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of Blizzard. Any such conduct without the express, written permission of Blizzard shall result in the immediate termination of this License Agreement and expose you to potential legal action. The Program shall remain the sole and exclusive property of Blizzard.
B. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
C. You are entitled to use the Program for your own use, but you are not entitled to:
(i) sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Blizzard, including, but not limited to, redistributing the Program to any person, corporation or other entity for any reason whatsoever by making the Program available to be downloaded from any location or website on the World Wide Web;
(ii) exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site;
(iii) host or provide matchmaking services for the Program or emulate or redirect the communication protocols used by Blizzard in the network feature of the Program, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks without the prior written consent of Blizzard; and
(iv) create or maintain, under any circumstance, more than one simultaneous connection to Battle.net. All such connections to Battle.net, whether created by the Program 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 to connect to Battle.net's private binary interface or interfaces other than those explicitly provided by Blizzard Entertainment for public use.
4. Confidentiality. All elements of this License Agreement are considered confidential information. You hereby agree not to disclose any such confidential information without the prior written consent of Blizzard. You shall not be liable for breach of this confidentiality obligation if the information covered hereby becomes public knowledge through no fault of your own.
5. Termination. Blizzard shall have the right to terminate this License Agreement at any time prior to the sixty (60) day term. Upon termination of the License Agreement, or upon expiration of the sixty (60) day term, you must destroy the Program and all documents and materials you have received and you must remove any elements of the Program from any hard drives on which the Program has been installed.
6. Feedback. Concurrent with the return of the Program or earlier upon the request of Blizzard, you shall provide Blizzard with comments, suggestions and impressions of the Program on the form provided by Blizzard.
7. Acknowledgments. You hereby acknowledge: (i) that the Program is a work in process and may contain bugs which may cause loss of data or potentially require you to reinstall your operating system; (ii) that you have backed-up your hard-drive prior to installation of the Program; (iii) that you have the resources necessary to reinstall your operating system and restore any and all lost data; (iv) that Blizzard Entertainment shall not be liable in any way for the loss or damage to player characters, accounts, statistics, or user profile information stored on Battle.net; and (v) Blizzard Entertainment reserves the right, in its sole discretion, to delete or modify the information stored on Battle.net for any reason at any time during the duration of the beta period. I understand and acknowledge that any Hardcore CharacterTM that I create on Battle.net is created at my own risk and that Blizzard Entertainment is not liable or responsible for any disruption of service including, but not limited to ISP disruptions, network or server lag, software or hardware failures or any other event which may cause a loss of data or disruption of service that results in the permanent death of said Hardcore Character.
8. DISCLAIMER OF WARRANTIES. THE PROGRAM AND ACCOMPANYING DOCUMENTATION IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. BLIZZARD DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. BLIZZARD DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. LIMITATION OF LIABILITY. BLIZZARD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING BY NOT LIMITED TO COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ON ACCOUNT OF THE LOSS OF DATA OR FOR ANY REASON WHATSOEVER. I UNDERSTAND AND ACKNOWLEDGE THAT BLIZZARD ENTERTAINMENT CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTURUPTIONS OF SERVICE ON BATTLE.NET 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. 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.
10. 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.
11. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of California and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of California, County of Los Angeles, having subject matter jurisdiction with respect to the dispute between the parties. 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, such provision will be enforced to the maximum extent permissible and 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.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein. I also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Blizzard and I and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Blizzard and myself.