YOU SHOULD CAREFULLY READ THE FOLLOWING BETA TEST AGREEMENT (THE ?AGREEMENT?) BEFORE INSTALLING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THIS SOFTWARE PROGRAM. SHOULD A CONFLICT ARISE BETWEEN THE TERMS OF THIS AGREEMENT, AND THE TERMS OF AN END USER LICENSE AGREEMENT WHICH GOVERNS THE USE OF A BLIZZARD ENTERTAINMENT INTERACTIVE GAME (A ?GAME EULA?), THE TERMS OF THE GAME EULA SHALL SUPERSEDE AND GOVERN ANY SUCH CONFLICTING TERMS DURING THE TERM OF THE BETA TEST.
BETA VERSION OF THE BATTLE.NET? END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING BATTLE.NET END USER LICENSE AGREEMENT (?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?). 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 1-800-592-5499 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 certain 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
Blizzard Entertainment
rivacy Policy. 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. This tool will collect system and driver data from your computer system during the crash and forward a report containing that data to Blizzard.
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 to share the Account or the Login Information with anyone other than as expressly set forth in this Agreement.
vi. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, 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.
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, 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? who agree to the terms of this Agreement to access the Service;
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. Subject to your continuing adherence to the terms of this Agreement, you may play the Games that you have licensed directly through the Service subject to the following terms and conditions:
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 to play the Game. You will be informed of any requirement to purchase a license before you can use a Game.
3. You may make and distribute copies of Game and any accompanying Game manual(s), free of charge, for potential users who agree to the terms of this Agreement; and
4. You may play the Game(s) you have licensed at publicly available cyber caf?s or computer gaming centers through and Account registered to you on the Service.
C. License Limitations. 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: Use cheats, automation software (bots), hacks, or unauthorized third-party software that modifies the Battle.net Client, the Service, a Game or any component or feature of the Battle.net Client, the Service, or any Game, in any way that violates this Agreement;
iii. Prohibited Commercial Uses: Exploit, in their entirety or individual components, the Battle.net Client, the Service or the Game(s) for any commercial purpose not found in this Agreement, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1(b)(vi)(4)); (ii) gathering in-game currency, items, or resources for sale outside of the Service or the Game(s); (iii) performing in-game services, like power-leveling, in exchange for payment outside of the Service or the Game(s); or (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Service or the Game(s).
iv. Data Mining: Use third-party software that intercepts, collects, reads, or ?mines? information generated or stored by the Battle.net Client, Service or the Game(s); provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
v. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Service or the Game(s);
vi. Matchmaking: Host, provide or develop matchmaking services for the Game(s) 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;
vii. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Service or the Game(s) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (ii) any connection using third-party programs or tools not expressly authorized by Blizzard;
viii. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game(s) or your rights to the Game(s) to any other party in any way not expressly authorized herein;
ix. Disruption: Disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment; or (ii) any other player?s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
D. Game and Service Features.
i. Service Features.
1. Global Play. Games that are playable on the Service which feature ?Global Play,? allow you to play with players who are outside of the region associated with the creation of the Account. The Global Play feature requires that some or all of your personal information related to the Account be transferred to servers operated by Blizzard in the regions where you wish to play the Game. By agreeing to participate in Global Play, you agree that Blizzard can transfer your data to Blizzard?s servers in each of the regions that you select to participate in using the Global Play feature. For more information, please review Blizzard?s Privacy Policy located at
Blizzard Entertainmentrivacy Policy.
2. Battle.net Balance.
a. As an active Account holder, you may participate in Blizzard?s Battle.net Balance service (?Battle.net Balance?). Battle.net Balance can only be used to obtain certain products and services offered by Blizzard; it has no cash value. Blizzard grants you a limited license to acquire, use, and redeem Battle.net Balance pursuant to the terms of this Agreement. Regardless of how it is acquired, Battle.net Balance is non-transferable to another person or Account, does not accrue interest, is not insured by the Federal Deposit Insurance Corporation (FDIC), and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money or monetary value from Blizzard at any time. Battle.net Balance does not constitute a personal property right. Battle.net Balance is not a bank account.
b. To purchase Battle.net Balance, go to
https://us.battle.net/account/management/ebalance-purchase.html and follow the instructions provided to you on that page. You may choose to purchase Battle.net Balance in different currencies (e.g., US Dollars, Mexican Pesos, Chilean Pesos, and Argentinean Pesos) in order to redeem your Battle.net Balance for certain products and/or services offered on Battle.net. It may take up to five (5) days before purchases of Battle.net Balance are made available for your use. Certain minimums may apply to purchases of Battle.net Balance, and the maximum balance of your Battle.net Balance at any time is limited to the equivalent of $250.00 USD, and the maximum value of all transactions using Battle.net Balance is limited to $2,000.00 USD per day. The balance of your Battle.net Balance shall be determined by converting the Battle.net Balance across all of the various currencies in your Battle.net Balance on all Accounts registered to you to the equivalent of US Dollars using the currency conversion formulas posted on
Exchange Rates: New York Closing - Markets Data Center - WSJ.com. Blizzard reserves the right to change the maximum and minimum amounts applicable to Battle.net Balances at any time by notifying you in accordance with Section 8 of this Agreement. Transactions to purchase Battle.net Balance, or redeem Battle.net Balance for certain goods and services from Blizzard, are governed by the terms of this Agreement and the Blizzard Terms of Sale, which can be viewed at
Blizzard Entertainment:Terms of Sale. Purchases of Battle.net Balance are non-refundable, unless otherwise required by law. IN ORDER TO HAVE A BATTLE.NET BALANCE OF MORE THAN $10.00 USD, YOU MUST ATTACH A BATTLE.NET AUTHENTICATOR TO YOUR ACCOUNT. You can download the Battle.net Authenticator for mobile devices at
https://us.battle.net/account/support/mobile-auth-download.html, or you can purchase a Battle.net Authenticator at
Blizzard Store.
c. Blizzard will not send you a statement of itemized transactions for your Battle.net Balance. In order to check the balance of your Battle.net Balance or review your recent Battle.net Balance transactions, go to
https://us.battle.net/account/management/transaction-history.html. You are solely responsible for verifying that the proper amount of Battle.net Balance has been added to or deducted from your Battle.net Balance.
d. Sales tax may apply to your redemption of Battle.net Balance for Blizzard products or services in some jurisdictions. The amount of tax charged depends upon many factors, including the type of product or service purchased.
e. Blizzard reserves the right to reduce, liquidate, deactivate, suspend or terminate your Battle.net Balance, the Diablo III Real Money Auction House (the ?Auction House?) or other Blizzard Games or Service features if Blizzard determines in its sole discretion, after investigation, that you have misused Battle.net Balance or have otherwise used Battle.net Balance to conduct any fraudulent or illegal activity.
f. You are responsible for all uses of your Battle.net Balance. If you suspect that your Battle.net Balance has been compromised, you should contact Blizzard Customer Service at
http://www.battle.net/support so that the matter can be investigated. Blizzard, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Blizzard has the information that Blizzard deems necessary to verify your claim, Blizzard will take actions to freeze
your Battle.net Balance and will unfreeze your Battle.net Balance once Blizzard has returned control of your Battle.net Balance to you. Regardless of any actions Blizzard may take on your behalf, you acknowledge and agree that Blizzard has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.
3. Advertising. Blizzard?s Games and the Service may incorporate third-party technology that enables advertising on Battle.net and/or in certain Games playable on Battle.net, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Blizzard and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
4. User Created or Uploaded Content. The Service and certain Games may provide you an opportunity to upload and display content on the Service and/or as part of a Game. You represent and warrant that the content uploaded by you to the Service, including the compilation, arrangement or display of such content (collectively, the ?User Content?), does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.
5. Real ID Feature and Identity Disclosure. The Service allows you to disclose your identity to other users of the Service through the ?Real ID Friends? feature. If you use the Real ID feature and opt-in to a request to be ?Real ID Friends? with another user, that user will be able to see your real name. Certain features, such as the Battle.net Voice Chat Client, are only available between users of the Service who have opted in to the Real ID feature. IF YOU OPT-IN TO THE REAL ID FEATURE, THOSE PEOPLE YOU DESIGNATE AS A ?REAL ID FRIEND? WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER ?REAL ID FRIENDS,? AND YOUR NAME WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR ?REAL ID FRIENDS? HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the Real ID feature at any time by deleting all Real ID Friends from your Account.
ii. Game Features.
1. Game Editors. Certain Games, such as ?StarCraft? II: Wings of Liberty??, and ?StarCraft? II: Heart of the Swarm??, include a program that allows you to create custom games, levels, maps, scenarios or other materials for use in connection with the Game (hereafter referred as ?Game Editor(s)?). Game Editors can be used to create games, maps, levels and other content (?Custom Games?) that can only be used in conjunction with the Game?s engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is set forth in the StarCraft II Custom Game Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference, and which can be found at
Blizzard Entertainment:StarCraft II Custom Game Acceptable Use Policy.
2. Auction House. Certain Games, such as Diablo? III, may provide you with the right to use the Game?s Auction House feature to buy and sell licenses to use virtual items, or ?Loot,? found in the Game subject to the terms and conditions contained in the Auction House Terms of Use, which is incorporated herein by this reference. You may review the Auction House Terms of Use at
Blizzard Entertainment
iablo III End User License Agreement.
3. Beta Testing Pre-Release Versions of Games. Certain pre-release versions of Games (?Betas?) may be made available to you through the Service for testing (?Beta Testing?). Beta Testing through the Service will be governed by the following:
a. Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
1. Blizzard must designate you as a Beta tester;
2. The Account that you will use to participate in the Beta Test must is in good standing;
3. If the Beta that is to be Beta Tested is an expansion to another Game, then the Account must be upgraded with all expansions to that particular Game;
4. You must be an adult in your country of residence;
5. You agree to allow Blizzard to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the ?System?) prior to registration for the Beta Test in order for Blizzard to determine if you are eligible to participate in the Beta Test; and
6. The System must meet the specifications which Blizzard determines are required for the Beta Test.
b. Confidentiality. Certain Beta Tests may be determined by Blizzard to be Confidential. If a Beta Test is confidential, you will be informed of the confidential nature of the Beta Test in your invitation to participate in Beta Test. During a confidential Beta Test, the existence of the Beta and all elements thereof is to be considered confidential. Accordingly, you agree to maintain secrecy associated with a confidential Beta Test until such time as Blizzard informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
1. Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
2. Information related to the Game that you are Beta Testing, such as the game?s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, the game?s, non-player character interaction, quests, items, armor, weapons, stability of the Game, etc.
c. Beta Testing Real Money Features. Certain Games may have features that will allow you to purchase licenses to use digital items or services through the Game?s interface. If you purchase a license to use a digital item or service through the Game?s interface during a Beta Test, all purchases are subject to the Terms of Sale. Blizzard will not provide you with a refund for your purchase of a digital item or service, and items or services purchased during a Beta Test will not be transitioned to the retail release version of a Game in most instances. During your purchase of digital goods or services for real money during a Beta Test, Blizzard will provide you with information that explains what, if any, credit you would receive for your purchase after the Beta Test for that Game is over.
d. Feedback. During and after the Beta Test, Blizzard may provide you with an opportunity to provide Blizzard with comments, suggestions and impressions of the Beta by using the in-program mechanisms provided to supply feedback and bug reports, internal websites and forums, and such other methods. The Beta may also include a tool that will allow your computer system to forward system and driver information to Blizzard in the event of a crash. This tool will collect data on your computer system related to the crash, and allow you to forward a report to Blizzard via electronic mail.
e. Acknowledgments. You acknowledge that:
1. the Beta is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
2. you have, or will, back-up your hard drive prior to installation of the Beta;
3. you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;
4. Blizzard is not liable in any way for the loss of data or damage to the System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
5. Blizzard may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, chat, email, message board postings, etc.;
6. Blizzard may delete or modify the information stored by the Beta for any reason at any time during the duration of the Beta Test; and
7. Blizzard may transfer software program files to the System, including a program that will collect and send Blizzard CPU, RAM, operating system, video card, and sound card information from the System.
f. Termination. Blizzard may terminate a Beta Test at any time, for any reason, or for no reason. Upon termination of the Beta Test, you must remove the Beta and all documents and materials you received from Blizzard in connection with the Beta Test, and remove any elements of the Beta from any hard drives on which the Beta has been installed. You agree and acknowledge that Blizzard?s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, refunds for time purchased to access World of Warcraft.
g. Sections of the Agreement Applicable to Beta Tests. When participating in a Beta Test, the terms of this Section 1(D)(ii)(3) shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1(D)(ii)(3). Additionally, Section 1(B)(v), 1(B)(vi)(3), and 1(B)(vi)(4) of the Agreement are specifically excluded from the use of a Beta.
2. Blizzard?s Ownership.
A. Blizzard is the owner or licensee of all right, title, and interest in and to the Battle.net Client, the Service, the Games, Accounts, and all of the features and components thereof. The Service or the Games may contain materials licensed by third-parties to Blizzard, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following, without limitation, are owned or licensed by Blizzard:
i. All virtual content appearing within the Service or the Games, such as:
1. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
2. Narrations: Themes, concepts, stories, and storylines;
3. Characters: The names, likenesses, inventories, and catch phrases of Game characters;
4. Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
ii. All communications occurring through the Service or the Games;
iii. All sounds, musical compositions, recordings, and sound effects originating in the Service or the Games;
iv. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
v. Computer code, including but not limited to ?Applets? and source code;
vi. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Service or the Games;
vii. All Accounts. Note that Blizzard owns all Accounts, and that all use of an Account shall inure to Blizzard?s benefit. Blizzard does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
viii. All Moral Rights that relate to the Service or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
ix. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Service or the Games, except as expressly set forth in this Agreement or otherwise by Blizzard in certain contest rules, Blizzard?s Fan Policies, or addendum to this Agreement.
