
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 OR CONTACT BLIZZARD
ENTERTAINMENT CUSTOMER SERVICE AT (949) 955-1382
FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN
THIRTY (30) DAYS OF THE ORIGINAL PURCHASE.

This software program (the "Program"), any printed
materials, any on-line or electronic documentation,
and any and all copies and derivative works of such
software program and materials are 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 the End User License Agreement which is
provided below ("License Agreement"). The Program is
solely for use by end users 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.

END USER LICENSE AGREEMENT

    1. Limited Use License. Blizzard Entertainment
("Blizzard") hereby grants, and by installing the
Program you thereby accept, a limited, non-exclusive
license and right to install and use one (1) copy of
the Program for your use on either a home, business
or portable computer. Further, the Program has a
multi-player capability that allows for multiple people
to copy and use a portion the Program concurrently.
These additional copies of the Program are known as and
referred to hereafter as "Spawned Versions." You may
install Spawned Versions of the Program on an unlimited
number of computers. All of the terms and conditions of
this License Agreement shall also apply to the Spawned
Version of the Program, with the exception that the
Spawned Version of the Program may be installed on as
many computers as you wish. In addition, the Program
has a multi-player capability that allows users to
utilize the Program over the Internet via Blizzard
Entertainment's online game network Battle.net. Use of
the Program over Battle.net is subject to your
acceptance of Battle.net's Terms of Use Agreement.
Blizzard Entertainment reserves the right to update,
modify or change the Battle.net Terms of Use Agreement
at any time.

    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 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, 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.

        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 or 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.

          (ii)  exploit the Program or any of its parts
                for any commercial purpose including,
                but not limited to, use at a cyber cafe,
                computer gaming center or any other
                location-based site. Blizzard may offer
                a separate Site License Agreement to
                permit you to make the Program available
                for commercial use; contact Blizzard for
                details;

          (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;

          (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. Program Transfer. You may permanently transfer
all of your rights under this License Agreement,
provided the recipient agrees to the terms of this
License Agreement and you agree to remove the Program
from your home, business or portable computer.

    5. Termination. This License Agreement is effective
until terminated. You may terminate the License
Agreement at any time by destroying the Program.
Blizzard may, at its discretion, terminate this License
Agreement in the event that you fail to comply with the
terms and conditions contained herein. In such event,
you must immediately destroy the Program.

    6. Export Controls. 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. By installing the Program, 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. Limited Warranty. Blizzard expressly disclaims
any warranty for the Program and Manual(s). The Program
and Manual(s) are provided "as is" without warranty of
any kind, either express or implied, including, without
limitation, the implied warranties of merchantability,
fitness for a particular purpose, or noninfringement.
The entire risk arising out of use or performance of the
Program and Manual(s) remains with the User, however
Blizzard warrants up to and including 90 days from the
date of your purchase of the Program that the media
containing the Program shall be free from defects in
material and workmanship. In the event that the media
proves to be defective during that time period, and upon
presentation to Blizzard of proof of purchase of the
defective Program, Blizzard will at its option 1)
correct any defect, 2) provide you with a product of
equal or lesser value, or 3) refund your money. 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.

    8. Limitation of Liability. NEITHER BLIZZARD, HAVAS
INTERACTIVE, INC., ITS PARENT, SUBSIDIARIES OR
AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE
OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM OR USE
OF BLIZZARD ENTERTAINMENT'S ONLINE GAME NETWORK,
BATTLE.NET INCLUDING, BUT NOT LIMITED TO, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES. BLIZZARD FURTHER DISCLAIMS ALL WARRANTIES WITH
REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE.
SPECIFICALLY, BLIZZARD MAKES NO WARRANTIES THAT THE
PERFORMANCE OR FUNCTIONALITY OF THE PROGRAM WILL NOT BE
AFFECTED BY DATES PRIOR TO, DURING OR AFTER THE YEAR
2000, OR THAT THE PROGRAM WILL BE CAPABLE OF CORRECTLY
PROCESSING, PROVIDING, AND/OR RECEIVING DATE INFORMATION
WITHIN AND BETWEEN CENTURIES, INCLUDING THE PROPER
EXCHANGE OF DATE INFORMATION BETWEEN PRODUCTS OR
APPLICATIONS. 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 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. I UNDERSTAND AND ACKNOWLEDGE THAT BLIZZARD
ENTERTAINMENT CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY
INTURRUPTIONS 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.

    9. 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 that 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.

    10. Limitations on License. Nothing in this License
Agreement shall preclude you from making or authorizing
the making of another copy or adaptation of the Program
provided, however, that (1) such new copy or adaptation
is created as an essential step in your utilization of
the Program in accordance with the terms of this License
Agreement and for NO OTHER PURPOSE; or (2) such new copy
or adaptation is for archival purposes ONLY and all
archival copies are destroyed in the event of your
Transfer of the Program, the Termination of this License
Agreement or other circumstances under which your
continued use of the Program ceases to be rightful.

    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. This License
Agreement may be amended, altered or modified only by an
instrument in writing, specifying such amendment,
alteration or modification, executed by both 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.
