North America

Blizzard End User License Agreement

    BLIZZARD® END USER LICENSE AGREEMENT

    LAST REVISED: August 25, 2017

    IMPORTANT NOTICE:

    THIS VERSION OF THE BLIZZARD END USER LICENSE AGREEMENT WILL BECOME EFFECTIVE ON September 11, 2018.

    YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING BLIZZARD’S ONLINE GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.

    Thank you for your interest in Blizzard’s online gaming services and interactive games, and the interactive games from other developers (“Licensors”) who make their games available through Blizzard’s Platform. (Blizzard’s and the Licensors’ games are collectively referred to herein as the “Games”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Platform. As used herein, the term “Platform” refers collectively, and at times individually, to (1) the Blizzard Battle.net App software, (2) the Blizzard Battle.net gaming services, (3) each of the Games, (4) authorized Mobile Apps relating to the Games and the Blizzard Battle.net service, and (5) all features and components of each of them, whether installed or used on a computer or mobile device.

    Except as otherwise provided below, if you reside within a member state of the European Union and are accessing the Platform on a personal computer, use of the Platform is licensed to you by Blizzard Entertainment S.A.S., a French company having its registered office at 145 rue Yves Le Coz, 78000 Versailles, France. In all other circumstances, use of the Platform is licensed to you by Activision Blizzard International B.V., Stroombaan 16, 1181 VX Amstelveen, the Netherlands (Blizzard Entertainment SAS, and Activision Blizzard International B.V. are referred to herein as “Blizzard”, “we,” or “us”).

    1. The Platform.

      1. The Blizzard Account. To use the Platform, you must register, or have previously registered, a Blizzard account (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:

        1. 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 Platform.

        2. When you create or update an Account, you must:

          1. provide Blizzard with accurate and up to date information that is personal to you, such as, but not limited to, your name and email address. Additionally, in order to play certain Games or use certain features offered on the Platform, you may also be required to provide Blizzard with payment information (such as credit card information). Blizzard’s retention and/or use of your personal information is subject to Blizzard’s Privacy Policy, located at http://eu.blizzard.com/en-gb/company/about/privacy.html. Blizzard shall also have the right to obtain non-personal data from your connection to the Platform; and

          2. select a unique username and password (collectively referred to hereunder as “Login Information”). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.

        3. To play Games on the Platform, you will need to add a Game license to an Account, which requires an authentication code generated by Blizzard. For Game licenses purchased at retail, the authentication code will either be included in the packaging materials or sent to you via electronic means. If you purchase a Game digitally from Blizzard, the authentication code will be assigned to the Account when you purchase the Game.

        4. Please take a few moments to review Blizzard’s Account Security information available here: https://eu.battle.net/support/en/article/14319. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If 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 http://support.blizzard.com/en-gb. 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 Account until Blizzard has returned control of your Account 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.

        5. 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 Platform, 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.

        6. Your use of the Platform to interact with Blizzard and other players is governed by Blizzard’s Code of Conduct (the “Code of Conduct”) and applicable in-game policies (the “In-game Policies”). The Code of Conduct and In-Game Policies are not meant to be exhaustive. The Code of Conduct and In-Game Policies are incorporated into this Agreement by this reference, and are available on Blizzard’s Customer Support database, located at: https://eu.battle.net/support/en/

      2. Grant of License. If you accept and comply with the terms of this Agreement, Blizzard will grant, and you will receive, a limited non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth in Section 1.C below, as follows:

        1. You may install applicable components or features of the Platform (including the Games) on one or more computers or mobile devices under your legitimate control.

        2. You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.

        3. You may not transfer your rights and obligations to use the Platform.

        4. Some of the Games may be subject to specific license terms that may include the following:

          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. Licenses to use the full version of these Games can be purchased through the Platform.

          2. In certain cases, the “full version,” of Games can only be played after you purchase and add a Game license to your Account.

          3. You may play the Game(s) for you obtained a license for at authorized publicly-available cyber cafés or computer gaming centers on the Platform through an Account registered to you. You will be informed of any requirement to purchase a license before you can use a Game, and of any time limitations that would affect how long you can play a Game.

          4. Certain Games may be obtained through the Platform, but may not be playable on the Platform. In such an event, the Game will be provided with a separate End User License Agreement that will govern your installation and use of the Game post purchase.

          5. Games which are produced by Blizzard’s Licensors and distributed through, and/or played upon, the Platform will require that you agree to the Licensor’s End User License Agreement prior to your being able to play the Game on the Platform, and the terms and conditions of Licensor’s End User License Agreement are hereby incorporated into this Agreement by this reference. In the event of a conflict between the terms of this Agreement and a Licensor’s End User License Agreement pertaining to the use of the Licensor’s Game, the Licensor’s End User License Agreement shall supersede and govern your use of the Licensor’s Game. However, in the event of a conflict between the terms of this Agreement and the Licensor’s End User License Agreement pertaining to any other aspect of the Platform, this Agreement shall supersede and govern your use of the Platform.

      3. License Limitations. Blizzard may suspend or terminate your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

        1. 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 Platform.

        2. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:

          1. cheats; i.e. methods not expressly authorized by Blizzard, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;

          2. bots; i.e. any code and/or software, not expressly authorized by Blizzard, that allows the automated control of a Game, or any other feature of the Platform, e.g. the automated control of a character in a Game;

          3. hacks; i.e. accessing or modifying the software of the Platform in any manner not expressly authorized by Blizzard; and/or

          4. any code and/or software, not expressly authorized by Blizzard, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;

        3. Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Blizzard, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.iv.3.); (ii) gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Blizzard’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.

        4. “esports": Use the Platform for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Blizzard or obtaining Blizzard’s prior written consent. For more information on obtaining appropriate authorization, please visit Blizzard’s website.

        5. Cloud Computing: Use the Platform, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device.

        6. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform; provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.

        7. 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 Platform.

        8. 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.

        9. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by Blizzard.

        10. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.

        11. Disruption / Harassment: Engage in any conduct disrupting or diminishing the game experience for other players, or disrupt operation of Blizzard’s Platform in any way, including:

          1. Disrupting or assisting in (i) the disruption of any computer used to support the Platform or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

          2. Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates Blizzard’s Code of Conduct or In-Game Policies.

        12. Violation of Laws: use the Platform to violate any applicable law or regulation.

      4. Platform and Game-Specific Features.

        1. Platform Features.

          1. Global Play. Certain Games feature “Global Play,” which allows you to play with players who are outside of the region associated with the Account that you have registered. The Global Play feature requires that some or all of your personal information provided to Blizzard when you registered 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 http://eu.blizzard.com/en-gb/company/about/privacy.html.

          2. Blizzard Balance.

            1. As an active Account holder, you may participate in Blizzard’s Blizzard Balance service (“Blizzard Balance”). Blizzard 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 Blizzard Balance pursuant to the terms of this Agreement. Regardless of how it is acquired, Blizzard Balance is non-transferable to another person or Account, does not accrue interest, is not insured by any government entity, 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. Blizzard Balance does not constitute a personal property right. Blizzard Balance is not a bank account. And, while you can register and play on multiple Accounts, you are not allowed to have more than three (3) Accounts with Blizzard Balance.

            2. To add to your Account Blizzard Balance, go to https://eu.shop.battle.net/en-gb/product/balance and follow the instructions provided to you on the page. Transactions to add Blizzard Balance or redeem Blizzard Balance are governed by the Terms of Sale, which can be viewed at http://eu.blizzard.com/en-gb/company/about/termsofsale.html. It may take up to five (5) days before purchases of Blizzard Balance are made available on your Account for your use. Certain minimums may apply to purchases when adding Blizzard Balance to your Account, and the maximum value of your Blizzard Balance is limited as is the maximum value of all transactions using Blizzard Balance per day. In order to check the applicable maximum values for your currency, go to https://eu.support.blizzard.com/en-gb/article/battle-net-balance-faq. Blizzard reserves the right to change the maximum and minimum amounts at any time.

            3. You may choose to add Blizzard Balance in different currencies that are applicable to your country of residence, in order to redeem Blizzard Balance for certain goods and/or services offered on the Platform. TO HAVE A BLIZZARD BALANCE OF MORE THAN A CERTAIN VALUE, YOU MUST HAVE ATTACHED AN AUTHENTICATOR TO YOUR BLIZZARD ACCOUNT. In order to check the applicable value for your currency, go to https://eu.battle.net/support/en/article/25904. Blizzard reserves the right to change the value limitation at any time. You can download the Blizzard Authenticator for mobile devices at https://battle.net/account/management/authenticator.html. Blizzard will not send you a statement of itemized transactions on the Account. In order to check the Blizzard Balance loaded on the Account, or review recent transactions on the Account, go to https://eu.battle.net/account/management/transaction-history.html

            4. You are responsible for all Blizzard Balance transactions, including unauthorized transactions.

            5. You are responsible for all uses of your Blizzard Balance. If you suspect that the Account has been compromised, you should contact Blizzard customer service immediately at http://eu.blizzard.com/support/webform.xml. Blizzard Balance will only be protected from the point that Blizzard issues a message to you indicating that Blizzard has received your notice that the Account may have been compromised. You are solely responsible for verifying that the proper amount of Blizzard Balance has been added to or deducted from your Account. You can view your Blizzard Balance from your account management page. Note that we may require additional information and/or documentation to verify your claim. From that point forward, Blizzard will take actions to freeze your Blizzard Balance, and will unfreeze your Blizzard Balance once Blizzard has returned control of your Blizzard Balance to you.

            6. Blizzard reserves the right to reduce, liquidate, deactivate, suspend or terminate any Blizzard Balance added to the Account or access to Blizzard Balance or other Platform features if Blizzard determines, after investigation and in accordance with Section 10.B.ii. below, that you have violated this Agreement, including the license limitations set forth in Section 1.C., misused Blizzard Balance, or have otherwise used Blizzard Balance to conduct any fraudulent or illegal activity.

            7. In the event that you are in any way responsible for compromising Accounts, Blizzard retains the right to remove Blizzard Balance from the Account gained through compromising other Accounts, suspending access to any services provided to you by Blizzard, such as access to in-Game auction houses and/or terminating the Account, subject to the terms of Section 10.B.ii. below.

          3. Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform and/or in certain Games playable on the Platform, 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 Platform may provide you an opportunity to upload and display content on the Platform, such as on the Blizzard forums, and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the “User Content”). User Content specifically does not include a Custom Game, as defined in Section 1.D.ii.1. below. You hereby grant Blizzard a perpetual (or for the maximum period of time permitted under applicable law), irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised.  Blizzard shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, make publicly available, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property and/or personality 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. Blizzard may remove any User Content and any related content or elements from the Platform at its sole discretion. You hereby agree not to be identified as the author of the User Content.

          5. Real ID Feature and Identity Disclosure. The Platform allows you to disclose your identity to other users of the Platform 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 and online status. Certain features, such as the Platform Voice Chat App, are only available between users of the Platform who have opted in to the Real ID feature. If you are a parent or legal guardian and if you provide your approval to allow your minor child to use your Account, please be aware that your child may opt in to the Real. 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 AND ONLINE STATUS 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.

          6. Blizzard Television Service: Upon your association of a World of Warcraft or StarCraft II: Wings of Liberty Game license with your Account, or by ordering any online services related to World of Warcraft or StarCraft II: Wings of Liberty, you shall receive as part of the fees paid for the online services, access to the online game(s) and access to a television service (ESL Turtle TV), which is an IP TV service featuring, among other content, Blizzard games, Blizzard products and other Blizzard related content.

        2. Game Features.

          1. Game Editors. Certain Games include editing software (hereafter referred as “Game Editor(s)”) that will allow you to create custom games, levels, maps, scenarios or other content (“Custom Games”). For purposes of this Agreement and any agreements referenced herein, “Custom Games” includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas.  A Custom Game may only be used 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 Custom Game Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference, and which can be found at http://eu.blizzard.com/en-gb/company/legal/acceptable-use.html. Blizzard may modify, remove, disable, or delete Custom Games at any time in its sole and absolute discretion.

          2. Community Tournaments. In order to support local esports tournament activities, Blizzard provides a license program for organizers of community tournaments under its Community Competition license, which can be found at http://eu.blizzard.com/en-gb/company/legal/community-competition-license.html.

          3. Beta Testing Pre-Release Versions of Games. Certain pre-release versions of Games may be made available to you through the Platform for testing (“Beta Test”). Your participation in a Beta Test through the Platform will be governed by the following:

            1. Eligibility. In order to participate in a Beta Test, you must meet the following requirements:

              1. Blizzard must designate you to participate in a Beta Test (a “Beta Tester”);

              2. The Account that you will use to participate in the Beta Test must be in good standing;

              3. If the Beta Test is to test an expansion to a Game, then the Account must be upgraded with all previous expansions to that particular Game;

              4. 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 “Beta Test 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

              5. The Beta Test System must meet the specifications which Blizzard determines are required for the Beta Test.

            2. Confidentiality. If Blizzard announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until 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, non-player character interaction, items, armor, weapons, stability of the Game, etc.

            3. Beta Tests and 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 in some cases, items or services purchased during a Beta Test may not transition to the retail release version of a Game. In those cases, Blizzard will provide you with information that explains what, if any, credit you would receive for your purchase of digital goods or services for real money during a Beta Test once the Beta Test has concluded.

            4. Feedback. During and after the Beta Test, you may be provided with an opportunity to give Blizzard your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game 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 from your computer system related to the crash, and allow you to forward a report to Blizzard via electronic mail.

            5. Acknowledgments. You acknowledge that:

              1. the Game being Beta Tested 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 the Beta Test System’s 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 Beta Test 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, in-game chat, forum postings, etc.;

              6. Blizzard may delete or modify the information stored by the Platform or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;

              7. Blizzard may transfer software program files to the Beta Test System, including a program that will collect and send Blizzard CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and

              8. You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Blizzard’s express authorization.

            6. Termination. Blizzard can terminate a Beta Test at any time. When Blizzard terminates a Beta Test, you must delete the pre-release version of the Game that was the subject of the Beta Test and all documents and materials you received from Blizzard in connection with the Beta Test, and you may be asked by Blizzard to remove any elements of the Beta from any hard drives on which the pre-release version of the Game that was the subject of the Beta Test 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, digital items, refunds for time purchased to access World of Warcraft, etc.

            7. 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.iv.3. of the Agreement is specifically excluded from the use of a Beta.

    2. Blizzard’s Ownership.

      1. With the sole exception of the Licensors’ Games, Blizzard is the owner or licensee of all right, title, and interest in and to the Platform, including the Games that are produced and developed by Blizzard Entertainment, Inc. (“Blizzard Games”), Custom Games derived from a Blizzard Game, Accounts, and all of the features and components thereof. The Platform 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 components of the Platform (which do not include content or components of the Licensors’ Games), are owned or licensed by Blizzard:

        1. All virtual content appearing within the Platform, including the Blizzard 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, such as digital cards, currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.;

        2. All data and communications generated by, or occurring through, the Platform;

        3. All sounds, musical compositions, recordings, and sound effects originating in the Platform;

        4. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;

        5. Computer code, including but not limited to “Applets” and source code;

        6. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform;

        7. All Accounts, including the name of the Account and any Battle Tags associated with an Account. 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;

        8. All Moral Rights that relate to the Platform, including Custom Games derived from a Blizzard Game, such as the right of attribution, and the right to the integrity of certain original works of authorship; and

        9. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Platform, except as expressly set forth in this Agreement or otherwise by Blizzard in certain contest rules, Blizzard’s Fan Policies, or addenda to this Agreement.

    3. Pre-Loaded Software. The Platform may contain additional software that requires you to agree to additional terms prior to your use thereof (“Additional Software”).

      1. Installation. You agree that Blizzard may install Additional Software on your hard drive as part of the installation of the Platform, and from time to time during the term of this Agreement.

      2. Use. Unless Blizzard grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Blizzard grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement.

      3. Copies. You may make one (1) copy of the Additional Software for archival purposes only.

    4. Consent to Monitor. WHILE RUNNING, THE PLATFORM (INCLUDING A GAME) MAY MONITOR YOUR COMPUTER OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1.C. ABOVE. IN THE EVENT THAT THE PLATFORM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE PLATFORM MAY 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) BLIZZARD MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Blizzard in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to Blizzard receiving and/or using this data.

    5. Limited Warranty. FOR RESIDENTS OF THE EUROPEAN UNION THE WARRANTIES APPLY AS PER APPLICABLE STATUTARY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION THE FOLLOWING APPLIES: THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BLIZZARD DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    6. Limitations of Liability.

      1. Blizzard may be 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.

      2. Without limiting the foregoing, you agree and acknowledge that Blizzard may be liable for slight negligence only 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.

    7. Indemnity. You agree to indemnify, defend and hold Blizzard harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Platform, or any breach by you of this Agreement, or any Game-specific Terms of Use; however, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

    8. Equitable Remedies. You hereby agree that Blizzard would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

    9. Alterations. Blizzard may, from time to time, change or modify this Agreement as its business and the law evolves. In this case, Blizzard will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within six (6) weeks following the special notice, your continued use of the Platform will mean that you accept the amended Agreement. With the special notice, Blizzard will remind you that your continued use after the expiration of six (6) weeks following the special notice means that you accept any and all changes. Those changes or modifications will not affect essential characteristics of the Platform. Should you have any questions or concerns, please contact Blizzard Customer Service.

    10. Term and Termination.

      1. Term. This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform. In the event that Blizzard chooses to cease providing the Platform, or license to a third party the right to provide the Platform, Blizzard shall provide you with no less than three (3) months prior notice.

      2. Termination.

        You are entitled to terminate this Agreement for any legitimate reason as may be specified by applicable law or relevant court decision, subject to prior written notice by mail at Blizzard Entertainment, Attn: Law Department, 145, rue Yves Le Coz, 78000 Versailles, France.

        1. If you fail to comply with any terms contained in this Agreement and/or the In-Game Policies or Code of Conduct, Blizzard will provide you with a warning of your non-compliance. In case of a serious violation of this Agreement, the In-Game Policies, or the Code of Conduct, Blizzard will be entitled to immediately terminate this Agreement, the Platform and/or any Game license without any prior warning. Serious violations are violations of important provisions which include Sections 1.A.ii.2, 1.A.iv., 1.B.iii., 1.C., 1.D.i.2.g., 2 and 3.B. of this Agreement or repeated violations of other provisions of this Agreement or the In-Game Policies, including further non-compliance where you already have received a prior warning.

        2. In the event of any termination of this Agreement, your right to access and play Games will be revoked.

    11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of France. If you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state.

    12. General.

      1. The Game(s) 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. Commerce Department's Denied Persons List or Entity List. 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.

      2. Blizzard may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights under this Agreement. You may not assign this Agreement without Blizzard’s prior written consent, and any unauthorized assignment by you shall be null and void.

      3. Blizzard’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Blizzard may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.

      4. Notices.

        1. If to Blizzard. All notices given by you under this Agreement shall be in writing and addressed to: Blizzard Entertainment, Attn. Law Department, 145, rue Yves Le Coz, 78000 Versailles.

        2. If to You. All notices given by Blizzard under this Agreement shall be given to you either through written notice, email, or website blog post. These notice forms and instances are specified in our Privacy Policy, which can be reviewed at http://eu.blizzard.com/en-gb/company/about/privacy.html.

      5. Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, natural disaster, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

      6. 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.

      7. In the event of any conflict as to whether your licensor and contracting partner is Blizzard Entertainment S.A.S. or Activision Blizzard International B.V., your licensor and contracting partner shall be deemed to be Activision Blizzard International B.V.

      8. This Agreement, along with Blizzard’s other applicable agreements located on Blizzard’s Legal Documentation page, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

      9. The provisions of Sections 1.C, 2, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement for any reason.

    END