Blizzard’s EULA for Starcraft:
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Original
Statement/Clause |
Shortened
and Simplified |
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1.
Grant of A
Limited Use License Subject to your agreement to
and continuing compliance with this License Agreement, Blizzard hereby grants,
and you hereby accept, a non-transferable, non-sublicensable,
non-exclusive license to (a) install the Game on one or more computers owned
by you or under your legitimate control, (b) use the Game in conjunction with
the Service for your noncommercial entertainment
purposes only, subject to the terms of Section 2(c) below; and (c) to make
and distribute copies of the Game to other potential users free of any charge
for use solely on the Service. All use of the Game, or any copy of the Game,
is subject to this License Agreement and to the Terms of Use, both of which
must be accepted before the Game can be played. |
You can’t transfer the game to
another party. You cant license it to a third party. You do not have exclusive
control over it. It can be installed only on a
computer owned by you. |
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2.
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: A)
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; B)
Use cheats, automation software (bots), hacks, or
any other unauthorized third-party software designed to modify the Game
experience, including without limitation, mods that
violate the terms of this License Agreement or the Terms of Use; C)
Exploit the Game or any of its parts for any
commercial purpose without Blizzard’s express permission, with the sole
exception that you may use the Game, or copies of the Game, on the Service at
a cyber cafe, computer gaming center or any other
location based site; D)
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; provided,
however, that Blizzard may, at its sole and absolute discretion, allow the
use of certain third party user interfaces; E)
Modify or cause to be modified any files that are
a part of the Game in any way not expressly authorized by Blizzard; F)
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; G)
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; H)
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; or I)
Use the Map Editor (defined below) to access or
edit anything other than content included in an authorized copy of STARCRAFT®
II licensed to you. |
License that has been given to
you has limitations. If you violate these limitations, you will be infringing
/ violating copyright rules. The following limitations are the ones that you
agree to follow : A)
You will not ‘tinker’ with the game. B)
You cannot use any third party software that is
not authorized/allowed by Blizzard (this includes cheats, hacks, trainers
etc). Even some mods that are unapproved by
Blizzard will not be used. C)
You will not use the game for commercial purposes. D)
You will not use any third party software that
intercepts or collects information from the game or its services. However,
Blizzard can allow the use of such software and tools if it wishes to. E)
Cannot modify any files that are a part of the
game. F)
Will not host or develop any software or tool or
service that either intercepts or emulates the communication methods used by
Blizzard for any purpose. G)
Will not maintain connection to a service that
runs without authorization and emulates the Game. H)
You cannot sell, rent, lease or transfer a copy of
the game to a third party. I)
You will not use the Map Editor to access anything
else other than the maps that are included in your Game. |
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3.
Map Editor. The Game includes a program
that allows you to create custom levels, maps, scenarios or other materials
for use in connection with the Game (the “Map Editor”). The following terms
are specific to the Map Editor: A)
Map Editors can be used to create games, maps,
levels and other content (“Modified Maps”) that can only be used in
conjunction with the Game’s engine that is associated with a particular Map
Editor. B)
The manner in which Modified Maps can be used or
exploited is set forth in the Mod Acceptable Use Policy, the terms of which
are incorporated into this Agreement by this reference, and which can be
found at this link http://us.blizzard.com/en-us/company/legal/acceptable-use.html. C)
ALL MODIFIED MAPS ARE AND SHALL REMAIN THE SOLE
AND EXCLUSIVE PROPERTY OF BLIZZARD. WITHOUT LIMITING THE FOREGOING, YOU
HEREBY ASSIGN TO BLIZZARD ALL OF YOUR RIGHTS, TITLE AND INTEREST IN AND TO
ALL MODIFIED MAPS, AND AGREE THAT YOU WILL EXECUTE FUTURE ASSIGNMENTS
PROMPTLY UPON RECEIVING SUCH A REQUEST FROM BLIZZARD. If an assignment is not
possible, either locally or worldwide, you hereby grant to Blizzard an
exclusive, irrevocable, royalty-free, assignable, sublicensable,
unlimited right to use the Modified Maps temporally and geographically for
any purpose, and in any way. This granting of rights includes, but is not
limited to, the right to reproduce, distribute and publish the Modified Maps
and to make the Modified Maps available to the public, in particular through
the Service with the possibility of third parties to use, edit or modify the
Modified Maps. The right to use the Modified Maps includes all types of uses
unknown at the time of granting the rights. It is granted for an indefinite
period of time and without any territorial restrictions. The right may be
assigned or sublicensed to third parties by Blizzard without any
restrictions. |
The following are the
conditions that are applicable only to the Map Editor : A)
The Map Editor can be used to create content that
can be used ONLY with the game. B)
The accompanying link describes how modified maps
may be used. C)
All maps that you or anyone modifies, creates or
tweaks are the sole and exclusive property of Blizzard.
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4.
Service and
Terms of Use. The Terms of Use agreement
governs all aspects of game play. If you do not agree with the Terms of Use,
then (a)
you may not register for an Account to play the
Game; and (b)
you may call
1-800-592-5499 within thirty (30) days after the original purchase and
request a full refund of the purchase price. Once you accept the License Agreement
and the Terms of Use, you will no longer be eligible for a refund. |
Gameplay will be
governed by the terms mentioned here and if you do not agree with these
terms, you may do one of two things : (a)
you can decide to not register for an account and
therefore not play the game; AND (b)
You may call 1-800-592-5499 within 30 days from
the date you have purchased the game and ask for a refund. |
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5.
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. |
All the elements and contents
are the game are owned and licensed by Blizzard. The game is protected by the
copyright laws of the United States. |
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6.
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. |
You agree that Blizzard may
install the additional third party software that is a part of the
installation process. You also agree that you will
not tweak or edit or tinker with the additional third party software. |
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7.
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. |
The game is licensed to you,
not sold. Therefore, you cannot pass the
game to someone else and such an attempt will be considered legally void.
(i.e. it will not be recognized legally) If you wish to pass the rights
of this game to someone else, you will have to contact Blizzard first and ask
for permission. In this case, Blizzard may decide to charge an extra fee for
“handling”. |
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8.
Consent to
Monitor. DURING YOUR REGISTRATION FOR
THE BATTLE.NET ACCOUNT YOU GRANT YOUR CONSENT TO THE FOLLOWING: 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. |
While you are running the game,
the game’s processes will monitor your computer’s RAM for any “prohibited
third party software” as mentioned in Section
2. If the game detects any such software, you agree to letting the game
report all information collected to Blizzard |
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9.
Term and
Termination. a.
Term. This Agreement
is effective upon adding the Game license to a Battle.net account, and shall
remain in effect for a reasonable period of time. In the event that Blizzard
chooses to cease providing the Service, or license to a third party the right
to provide the Service, Blizzard shall provide you with no less than three
(3) months prior notice. Neither the Service nor Blizzard 's agreement to
provide access to the Service shall be considered a rental or lease of time
on, or capacity of, Blizzard 's servers or other technology. b.
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 support@blizzard.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 for any
reason, all licenses granted herein as well as licenses for Additional
Software shall immediately terminate and you must promptly remove the Game
from your hard drive. |
a)
The lease that has been provided to you will stay
in force for a reasonable period of time. If Blizzard chooses to stop
providing this Service to you, they will notify you three months in advance.
This service or agreement is not a rental or lease of time on Blizzard’s
servers b)
This Licenese Agreement
will be effective until it is terminated. Also, Blizzard
may terminate this agreement at any time for any or no reason whatsoever. In
case that happens, you must remove this game from your HD. |
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10. 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. |
This game may not be exported
or downloaded by a resident of a country that has been embargoed by the US of
A, or someone on the Treasury Dept’s list of Specially Designated Nationals
or the US Commerce Dept’s Table Of Denial Orders. |
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11. 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. |
Blizzard may deploy and install
patches, updates and modifications without your knowledge. You grant them
your consent to do so. |
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12. Additional Manufacturer's Guarantee
for the retail version of the Game. Blizzard warrants that the
media containing the Game shall be free from defects in material and
workmanship for a period of ninety (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 (INCLUDING 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
Client 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. |
Blizzard provides you a
warranty of 90 days from the date of the purchase of your game. If any defect
in the game arises, it will, according to its discretion, do one of the
following three things : a)
Correct the defect b)
Provide you a similar product of equal value c)
Refund your money if you give proof of the defect
and your purchase of the defected product. Any, and all risk
that arises from the use of this risk will be liable on you; Blizzard will
not be held liable for it. |
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13. 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; (b)
your violation of any provision of this Agreement (including without
limitation any violation of the representations and warranties set forth in
Section 3(b)); and/or (c) your creation, distribution or use of Modified Maps
or other content created or edited using the Map Editor. Some states do not
allow the exclusion or limitation of incidental or consequential damages, so
the above limitations may not apply to you. |
Blizzard or its affiliated
companies will not be responsible in any way for any damage that arises from
the use of this product. Blizzard and its affiliates
will also not be responsible for any loss of data related to the game or
caused by it. Blizzard will, under no
circumstances, be liable to you. |
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14. 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. |
You acknowledge and agree that
in case you violate this agreement, Blizzard will be “irreparably damaged”
and will be entitled to compensation of damages. |
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15. Changes to the Agreement and/or Game. A)
Blizzard’s Rights. Blizzard may create updated
versions of this License Agreement (each a “New Agreement)” as the Game and
the law evolve. B)
New Agreements. This Agreement will terminate
fifteen (15) days following Blizzard’s notice that the Agreement will be
revised, and/or the introduction of a New Agreement, whichever occurs first.
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. A)
Acceptance. If you accept the New Agreement, and
if the Account registered to you remains in good standing, you will be able
to continue to play the Game subject to the terms of the New Agreement. B)
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 Game. C)
Features. Blizzard may also impose limits on
certain features or restrict your access to parts or all of the Game without
notice or liability |
A)
Blizzard may make updated versions of the EULA. B)
This agreement will terminate 15 days after
Blizzard announces that a new agreement will be introduced. You will have
an opportunity to either accept or reject the new agreement. A)
If you accept this new agreement, you can continue
to play the game B)
If you reject the new agreement, you will no
longer be able to play the game. C)
Blizzard may set certain restrictions on access to
certain parts of the game without prior notice or liability. |
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16. 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: http://us.blizzard.com/en-us/company/legal/dispute-resolution-policy.html |
If there are any disputes
between the user(you) or Blizzard regarding the Agreement, they will be
resolved and decided according to company policy, as shown in the following
link : http://us.blizzard.com/en-us/company/legal/dispute-resolution-policy.html |
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17. Governing Law. A)
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. B)
The application of the United Nations Convention
on Contracts for the International Sale of Goods to this Agreement is
expressly excluded. C)
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. D)
Users who access
the Service from outside of the United States and Canada, are responsible for
compliance with all applicable local laws. |
A)
This Agreement is governed by laws of the USA and
of the State of Delaware B)
United Nations Convention on Contracts For The International Sale Of Goods is not applicable to
this agreement. C)
If you are a Canadian resident who wishes not to
arbitrate (resolve dispute) as mentioned above, other laws may apply. These
laws will only effect this to the extent that are
required by the legal system. The terms and conditions of this agreement will
be given as much effect as possible D)
If you are not from USA or Canada, you are
responsible to comply with the applicable local laws in your country. |
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18. Severability. 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. |
If a part of this EULA is
invalid or not enforceable by law, then that portion will be removed and the
rest of the agreement will be in force. |
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19. Miscellaneous. 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. The provisions of
Sections 2-7, 10 and 12-20 shall survive the termination of this Agreement
for any reason. If any provision of this Agreement is found to be
unenforceable, that provision shall be severed and the remainder of the
Agreement shall be given full force and effect. |
This Agreement has all the
terms and conditions of the agreement between the two parties (i.e. You and
Blizzard). This supersedes any form of oral or written agreement between the
two above mentioned parties. |
