Console (PS3™ and Xbox®) End User License Agreement
THIS SOFTWARE PROGRAM IS LICENSED, NOT SOLD. BY INSTALLING, OR OTHERWISE USING THE PROGRAM (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL OR USE THE PROGRAM.
This Diablo® III interactive game, and all files that are delivered to you by Blizzard Entertainment, Inc. (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, as well as all printed materials and electronic documentation (the "Manual"), together with any and all copies and derivative works of such software program and Manual (collectively, the "Program") is the copyrighted work of Blizzard Entertainment, Inc. or its licensors (collectively, "Blizzard Entertainment") who has licensed its rights to exploit the Program in the European Union to Blizzard Entertainment SAS, a French company having its registered office at 145, rue Yves le Coz, 78000 Versailles, France (“Blizzard”). Any and all uses of the Program are governed by the terms of this License Agreement (the "License Agreement" or "Agreement"). The Program is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the Program not expressly authorized by the terms of this License Agreement is expressly prohibited.
Grant of 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 use one copy of the Program for your noncommercial entertainment purposes. This license granted is subject to the following limitations, and you agree that you will not:
- 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 Program unless explicitly allowed by the provisions under Art. 6 of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs;
- Exploit the Program or any of its parts for any commercial purpose without Blizzard’s express permission;
- Modify or cause to be modified any files that are a part of the Program in any way not expressly authorized by Blizzard;
- Host, provide or develop matchmaking services for the Program 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;
- Facilitate, create or maintain any unauthorized connection to the Program, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Program; and (b) any connection using third party programs or tools; or
- Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Program or your rights to the Program to any other party in any way not expressly authorized herein.
The Program 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.
Patches and Updates.
Blizzard and or Blizzard Entertainment may deploy or provide patches, updates and modifications to the Program that must be installed for you to continue to play the Program. Blizzard may update the Program remotely, including without limitation the Program residing on your machine, without your knowledge, and you hereby grant to Blizzard your consent to deploy and apply such patches, updates and modifications.
Additional Manufacturer’s Guarantee for the retail version of the Program.
The present guarantee does not affect or restrict the statutory warranty claims that you may have against the retailer of the Program. This is an additional guarantee contractually offered by Blizzard. In the event that tangible media (e.g. CD-ROMs or DVDs) containing a retail version of the Program were purchased in the European Union and they prove to be defective and provided you inform Blizzard of such defect within (i) two (2) months from the day you detected such defect and (ii) within two (2) years from the date of the purchase of the Program, Blizzard will, upon presentation to Blizzard of proof of purchase of the defective media and the media itself, at its sole discretion 1) correct any defect, 2) replace the Program, or 3) refund your money.
Blizzard is liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties. Without limiting Blizzard’s liability as stated above, Blizzard is only liable for slight negligence in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfillment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
When connected to the Internet, Blizzard may collect in-game data (such as, but not limited to IP addresses, characters status, progression and achievements) from your console, via Demonware, Inc., or Demonware, Ltd., a company of the Activision Blizzard group, to which Blizzard belongs. Blizzard shall remain the data controller and the sole purpose of data collection is to provide you with matchmaking, statistics and other game services.
If you fail to comply with any terms contained in this License Agreement, Blizzard will provide you with a warning of your non-compliance. In case of a serious violation of this License Agreement, Blizzard will be entitled to immediately terminate the Service without any prior warning. Serious violations are violations of important provisions which the Grant of License clause listed above or repeated violations of other provisions of this License Agreement, including further non-compliance where you already have received a prior warning.
Rights on Breach.
The Program, as well as the trademarks and copyrighted content contained therein and associated with the Program are the copyrighted property of Blizzard Entertainment, and, through the efforts of Blizzard Entertainment, has established substantial goodwill and recognition. In the event of a significant breach of the terms of this Agreement, Blizzard Entertainment reserves its right to take all legal actions which may be available to a licensor of intellectual property under the law to protect its rights in its property. In the event that Blizzard Entertainment is the prevailing party in any such actions, Blizzard Entertainment shall see any and all rights that may be available to Blizzard Entertainment under the law to recover damages, costs of suit and its attorneys fees.
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. This License Agreement can be amended only by an instrument in writing signed by each of the parties. 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 License Agreement shall be governed by, and will be construed under, the laws applicable in your country of residence. 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 and/or invalid, the remaining portions of this License Agreement shall remain in full force and effect.