License, Starcraft
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YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENTBEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OROTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THETERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THISAGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACEFROM WHICH YOU OBTAINED IT FOR A FULL REFUND.This software program (the "Program"), any printed materials, any on-line or electronic documentation, and any and all copies andderivative works of such software program and materials are thecopyrighted work of Blizzard Entertainment, a division of Davidson &Associates, Inc., or its suppliers. All use of the Program is governedby the terms of the End User License Agreement which is provided below("License Agreement"). The Program is solely for use by end usersaccording to the terms of the License Agreement. Any use, reproductionor redistribution of the Program not in accordance with the terms ofthe License Agreement is expressly prohibited.END USER LICENSE AGREEMENT1. Limited Use License. Blizzard Entertainment ("Blizzard") herebygrants, and by installing the Program you thereby accept, a limited,non-exclusive license and right to install and use one (1) copy of theProgram for your use on either a home or portable computer. Inaddition, the Program has a multi-player capability that allows up toeight players per registered version of the Program to playconcurrently. These additional copies of the Program are known as andreferred to hereafter as "Spawned Versions." You may install SpawnedVersions of the Program on an unlimited number of computers. However,Spawned Versions of the Program must be played in conjunction with theregistered version of the Program from which they were spawned. All ofthe terms and conditions of the License Agreement shall also apply tothe Spawned Version of the Program, with the exception that theSpawned Version Program may be installed on as many computers as youwish. The Program also contains a Level Editor (the "Editor") thatallows you to create custom levels or other materials for yourpersonal use in connection with the Program ("New Materials"). All useof the Editor or any New Materials is subject to this LicenseAgreement. The Program is licensed, not sold. Your license confers notitle or ownership in the Program.2. Ownership. All title, ownership rights and intellectual propertyrights in and to the Program and any and all copies thereof (includingbut not limited to any titles, computer code, themes, objects,characters, character names, stories, dialog, catch phrases,locations, concepts, artwork, animations, sounds, musicalcompositions, audio-visual effects, methods of operation, moralrights, any related documentation, and "applets" incorporated into theProgram) are owned by Blizzard Entertainment or its licensors. TheProgram is protected by the copyright laws of the United States,international copyright treaties and conventions and other laws. Allrights are reserved. The Program contains certain licensed materialsand Blizzard's licensors may protect their rights in the event of anyviolation of this Agreement.3. Responsibilities of End User.A. Subject to the Grant of License hereinabove, you may not, inwhole or in part, copy, photocopy, reproduce, translate, reverseengineer, derive source code, modify, disassemble, decompile, createderivative works based on the Program, or remove any proprietarynotices or labels on the Program without the prior consent, inwriting, of Blizzard.B. The Program is licensed to you as a single product. Itscomponent parts may not be separated for use on more than onecomputer.C. You are entitled to use the Program for your own use, but youare not be entitled to:(i) sell, grant a security interest in or transferreproductions of the Program to other parties in any way, norto rent, lease or license the Program to others without theprior written consent of Blizzard.(ii) exploit the Program or any of its parts for anycommercial purpose including, but not limited to, use at acyber caf?, computer gaming center or any other location-based site. Blizzard may offer a separate Site LicenseAgreement to permit you to make the Program available forcommercial use; contact Blizzard for details;(iii) use or allow third parties to use the Editor and theNew Materials created thereby for commercial purposesincluding, but not limited to, distribution of New Materialson a stand alone basis or packaged with other software orhardware through any and all distribution channels,including, but not limited to, retail sales and on-lineelectronic distribution without the express written consentof Blizzard; and(iv) host or provide matchmaking services for the Program oremulate or redirect the communication protocols used byBlizzard in the network feature of the Program, throughprotocol emulation, tunneling, modifying or adding componentsto the Program, use of a utility program or any othertechniques now known or hereafter developed, for any purposeincluding, but not limited to network play over the Internet,network play utilizing commercial or non-commercial gamingnetworks or as part of content aggregation networks withoutthe prior written consent of Blizzard.4. Program Transfer. You may permanently transfer all of yourrights under this License Agreement, provided the recipient agrees tothe terms of this License Agreement and you agree to remove theProgram and any New Materials from your home or portable computer.5. Termination. This License Agreement is effective untilterminated. You may terminate the License Agreement at any time bydestroying the Program and any New Materials. Blizzard may, at itsdiscretion, terminate this License Agreement in the event that youfail to comply with the terms and conditions contained herein. In suchevent, you must immediately destroy the Program and any New Materials.6. Export Controls. The Program may not be re-exported, downloadedor otherwise exported into (or to a national or resident of) anycountry to which the U.S. has embargoed goods, or to anyone on theU.S. Treasury Department's list of Specially Designated Nationals orthe U.S. Commerce Department's Table of Denial Orders. By installingthe Program, you are agreeing to the foregoing and you arerepresenting and warranting that you are not located in, under thecontrol of, or a national or resident of any such country or on anysuch list.7. Limited Warranty. Blizzard expressly disclaims any warranty forthe Program, Editor and Manual(s). The Program, Editor and Manual(s)are provided "as is" without warranty of any kind, either express orimplied, including, without limitation, the implied warranties ofmerchantability, fitness for a particular purpose, or noninfringement.The entire risk arising out of use or performance of the Program andManual(s) remains with the User, however Blizzard warrants up to andincluding 90 days from the date of your purchase of the Program thatthe media containing the Program shall be free from defects inmaterial and workmanship. In the event that the media proves to bedefective during that time period, and upon presentation to Blizzardof proof of purchase of the defective Program, Blizzard will at itsoption 1) correct any defect, 2) provide you with a product of equalor lesser value, or 3) refund your money. Some states do not allow theexclusion or limitation of implied warranties or liability forincidental damages, so the above limitations may not apply to you.8. Limitation of Liability. NEITHER BLIZZARD, DAVIDSON &ASSOCIATES, INC., ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BELIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THEUSE OF THE PROGRAM OR EDITOR INCLUDING, BUT NOT LIMITED TO, LOSS OFGOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY ANDALL OTHER COMMERCIAL DAMAGES OR LOSSES.9. Equitable Remedies. You hereby agree that Blizzard would beirreparably damaged if the terms of this License Agreement were notspecifically enforced, and therefore you agree that Blizzard shall beentitled, without bond, other security, or proof of damages, toappropriate equitable remedies with respect to breaches of thisLicense Agreement, in addition to such other remedies as Blizzard mayotherwise have available to it under applicable laws.10. Miscellaneous. This License Agreement shall be deemed to havebeen made and executed in the State of California and any disputearising hereunder shall be resolved in accordance with the law ofCalifornia. You agree that any claim asserted in any legal proceedingby one of the parities against the other shall be commenced andmaintained in any state or federal court located in the State ofCalifornia, County of Los Angeles, having subject matter jurisdictionwith respect to the dispute between the parties. This LicenseAgreement may be amended, altered or modified only by an instrument inwriting, specifying such amendment, alteration or modification,executed by both parties. In the event that any provision of thisLicense Agreement shall be held by a court or other tribunal ofcompetent jurisdiction to be unenforceable, such provision will beenforced to the maximum extent permissible and the remaining portionsof this License Agreement shall remain in full force a...
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