YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THISSOFTWARE PROGRAM. This software program including any and all subsequent patches, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of Blizzard Entertainment, Inc., a Delaware corporation, and/or its licensors and/or its suppliers. All use of the Program is governed by the terms of the End User License Agreement which is provided below ("License"). The Program is solely for use by end users according to the terms of the License. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License is expressly prohibited. END USER LICENSE AGREEMENT 1. Limited Use License. Blizzard Entertainment,Inc. ("the Licensor"), 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; You may not network the Program or otherwise install it or use it on more than one computer at a time, except if expressly authorised otherwise in the applicable documentation which you should refer to if :(a) The Program contains a Level / World Editor (“Editor”) that allows you to create custom levels or other materials for your personal use in connection with the Program (“New Materials”).(b) The Program has a multi-player capability. This multi-player capability allows users to utilize the Program over the Internet exclusively through Blizzard Entertainment’s online game network Battle.net or other hosting services dully authorized by Blizzard Entertainment. Use of the Program over Battle.net or other hosting services dully authorized by Blizzard Entertainment 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. The Program is licensed not sold. Your license confers no title or ownership in the Program. 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 the Licensor or its licensors. The Program is protected by the English copyright laws , international copyright treaties and conventions and any other applicable laws. All rights are reserved. The Program may contain certain licensed materials and the Licensor's licensors may act to protect their rights in the event of any violation of this Agreement. 3. Responsibilities of End User. A. Subject to the Grant of License herein above, you may not, in whole or in part, copy, photocopy, reproduce, sublicense, translate, reverse engineer, derive source code, modify, disassemble, decompile, create a source code equivalent, create derivative works based on the Program, or remove any proprietary notices or labels on the Program, or allow others to do so, without the prior consent, in writing, of the Licensor. 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 be entitled to: (i) sell, 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 Licensor prior written consent ; (ii) publish and/or distribute the computer images, sound, files, fonts, graphics, clipart, animations, photographs, databases or other content of the Program (including without limitation, for resale printed materials for your personal or business use (e.g., flyers and brochures) and on your personal and business website);use any of the computer images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or services ; (iii) exploit the Program or any of its parts, computer images, sound files, fonts, graphics, clipart, animations, photographs, databases or other content in the Program, for any commercial purpose including, but not limited to, use at a cyber café, computer gaming centre or any other location-based site. (iv) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes including, but not limited to, distribution of New Materials on a stand alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution without the express written consent of Licensor; (v) host or provide matchmaking services for the Program or emulate or redirect the communication protocols used by the Licensor in the network feature of the Program, through protocol emulation, tunnelling, 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 utilising commercial or non-commercial gaming networks or as part of content aggregation networks without the Licensor prior written consent. (vi) create or maintain, under any circumstance, more than one simultaneous connection to Battle.net or other hosting services authorized by Blizzard Entertainment. All such connections to Battle.net or other hosting services authorized by Blizzard Entertainment, 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, provided the recipient agrees to the terms of this License and you agree to remove the Program from you home, business, or portable computer. 5. Termination. This License is effective until terminated. You may terminate the License at any time by destroying the Program and any New Material. The Licensor may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any New Material. 6. Export Controls. The Program may not be re-exported, download or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or anyone on the U.S. Treasury Department’s list of Specially Designated National or the U.S. Treasury 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. Customer Service/Technical Support. Licensor agrees to provide Customer Service and Technical Support for this Program until such time as the Program is “out of publication.” The Program shall be considered “Out of Publication” one (1) year following the date that the Program is no longer manufactured and/or distributed by Licensor, or its licensors. “Customer Service” as used herein may be provided to you by Licensor representatives by telephone and/or by electronic message (e-mail). “Technical Support” may be provided to you by Licensor by telephone, electronic message(e-mail), or by posting of information related to known technical support issues on a website. Unless otherwise stated in the Program’s packaging or in the Program’s user manual, nothing herein shall be construed so as toplace a duty upon Licensor to provide Customer Service or Technical Support via a toll free telephone numberfor an unlimited period of time. 8. Duration of the “On-Line” component of the Program. This Program contains an ‘on-line’ component that allows you to utilize the Product over the internet utilizing servers and software maintained or authorized by Licensor. Licensor agrees to provide the servers and software technology necessary to utilize the “on-line”component of the this Program until such time as the Program is Out of Publication, as defined above. Thereafter, Licensor may, in its sole discretion, continue to provide the servers and software technology necessary to utilize the “on-line” component of the this Program, or Licensor may license to third parties the right to provide the servers and software technology necessary to utilize the “on-line” component of this Program. However, nothing contained herein shall be construed so as to place an obligation upon Licensor to provide the servers and software technology necessary to utilize the “on-line” beyond the time that the Program is Out of Publication. 9. Limited Warranty. THE LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM, EDITOR, AND MANUAL(S). THEPROGRAM, EDITOR AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHEREXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The entire risk arising out of use or performance of the Program, Editor an...
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