WoW EULA enEU 2004103
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE
AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY
INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN
THE UNUSED SOFTWARE PROGRAM TO THE PLACE OF PURCHASE.
END USER LICENSE AGREEMENT
This software program on CD-ROM, and any files that are delivered to you by Blizzard
Entertainment Europe (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 the copyrighted work of Blizzard Entertainment Europe, a
division of Davidson & Associates, Inc. or its 'affiliates,' specifically including Vivendi
Universal Games International, S.A., and/or its suppliers or licensors (collectively,
"Blizzard Entertainment Europe"). 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 Europe 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").
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 Europe 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 Europe reserves the right to update, modify or change the Terms of Use at
any time.
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/legal/. 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 purchase store within thirty (30) days of the original purchase.
3. Ownership.
A. All title, ownership rights and intellectual property rights in and to the Game 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,
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 Europe. 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 the licensors of those materials may enforce their rights in the
event of any violation of this License Agreement.
B. To play World of Warcraft you have to, as described in the Terms of Use, create a user
account (the "Account") which is bound to one user and is not transferable. When you
create the account you will be asked to enter the "Authentication Key" from the World of
Warcraft Software you purchased. The Authentication key will then be bound to the
Account and cannot be used on another. Blizzard Entertainment Europe does not
recognize the transfer of Accounts between persons which is why you may not offer any
Account for sale or trade and thus it is also not permitted to sell or trade the World of
Warcraft Software.
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) copy of the Game Client and the
Manuals for archival purposes only.
B. 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 express written consent of
Blizzard Entertainment Europe;
(iii) host, provide or develop matchmaking services for the Game or intercept, emulate or
redirect the communication protocols used by Blizzard Entertainment Europe 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 Europe. 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 Europe for public use.
5. 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 Europe by
mail with of your intention to terminate this License Agreement to the following address:
Vivendi Universal Games S.A. - Support Clients - TSA 60 001, 78143 Vélizy-
Villacoublay Cedex, France. Blizzard Entertainment Europe may, at its discretion,
terminate this License Agreement in the event that you fail to comply with 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.
6. 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.
7. 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.
8. Duration of the "On-line" Component of the Game.
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.
9. Limited Warranty.
Blizzard Entertainment Europe expressly disclaims any warranty for the Game, including
the Game Client and Manual(s). THE GAME, GAME CLIENT AND MANUAL(S)
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire
risk arising out of use or performance of the Game, Game Client and Manual(s) remains
with the user. Notwithstanding the foregoing, and in compliance with European Directive
99/44/EC, Blizzard Entertainment Europe warrants up to and including 60 days from the
discovery of the defect and 2 years from the date of your purchase of the Game that the
media containing the Game Client 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 Entertainment Europe of proof of purchase of the
defective media, Blizzard Entertainment Europe will at its option 1) correct any defect, 2)
provide you with a product of equal or lesser value, or 3) refund your money. THE
FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS
WARRANTY SET FORTH IN THIS SECTION. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY
FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
10. Limitation of Liability.
NEITHER LICENSOR NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL
BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING
FROM THE USE OF THE GAME, INCLUDING, BUT NOT LIMITED TO, LOSS OF
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. ANY
WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN
SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY
OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED.
FURTHER, Blizzard Entertainment Europe SHALL NOT BE LIABLE IN ANY WAY
FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS,
STATISTICS OR USER PROFILE INFORMATION STORED BY THE GAME
AND/OR THE SERVICE. LICENSOR shall NOT BE RESPONSIBLE FOR ANY
INTerRUPTIONS OF SERVICE, 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. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES. 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.
11. Equitable Remedies.
You hereby agree that Blizzard Entertainment Europe would be irreparably damaged if
the terms of this License Agreement were not specifically enforced, and therefore you
agree that Blizzard Entertainment Europe 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 Entertainment Europe
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.
12. 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 5 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.
13. Miscellaneous.
This License Agreement shall be deemed to have been made and executed in your
country of residence without regard to conflicts of law provisions, and any dispute arising
hereunder shall be resolved in accordance with the law of this country. 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. 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.
(c) 2004 Blizzard Entertainment. All rights reserved. World of Warcraft is a trademark,
and Warcraft and Blizzard Entertainment are trademarks or registered trademarks, of
Blizzard Entertainment in the U.S. and/or other countries. All rights are reserved.
This license agreement can be read and printed at this web address:
http://www.wow-europe.com/en/legal/eula.html