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Use cheats, automation software (bots), hacks, or any other unauthorized third-p
arty software designed to modify the Program experience, including without limit
ation, mods that violate the terms of this License Agreement or the Terms of Use
;
Exploit the Program or any of its parts for any commercial purpose without Blizz
ards express permission;
Modify or cause to be modified any files that are a part of the Program in any w
ay not expressly authorized by Blizzard;
Host, provide or develop matchmaking services for the Program or intercept, emul
ate or redirect the communication protocols used by Blizzard in any way, for any
purpose, including without limitation, unauthorized play over the internet, net
work play (except as expressly authorized by Blizzard), or as part of content ag
gregation networks;
3. Limited Warranty. Blizzard warrants that the media containing the Program sha
ll be free from defects in material and workmanship for a period of 90 days from
the date of your purchase of the Program. In the event that the media containin
g the Program proves to be defective during that time period, Blizzard will at i
ts option (a) correct any defect, (b) provide you with a similar product of simi
lar value, or (c) refund your money when you present Blizzard with proof of purc
hase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPR
ESS WARRANTY SET FORTH IN THIS SECTION. THE PROGRAM (INLUDING WITHOUT LIMITATION
THE PROGRAM SOFTWARE AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRA
NTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of the use or performa
nce of the Program (including without limitation the program software and manua
l(s)) remains with you, the user. Some jurisdictions do not allow the exclusion
or limitation of implied warranties, so the above limitations may not apply to y
ou.
If you are a resident of Australia, the benefits provided to you by this Limited
Warranty are in addition to other rights or remedies you may have under local l
aws related to the goods to which the warranty applies. Our goods come with guar
antees that cannot be excluded under the Australian Consumer Law. You are entitl
ed to a replacement or refund for a major failure and compensation for any other
reasonably foreseeable loss or damage. You are also entitled to have the goods
repaired or replaced if the goods fail to be of acceptable quality and the failu
re does not amount to a major failure. The provisions of this clause containing
the Limited Warranty and the clause containing the Limitation of Liability and I
ndemnity below apply only to the extent permitted by the Competition and Consume
r Act 2010 (Cth). The entitlement to a replacement or a refund for a major failu
re is not subject to Blizzards option. To submit a warranty claim to Blizzard, pl
ease call 1800 041 378 or send to PO Box 544, Pyrmont NSW 2009 Australia. The us
er is responsible for the costs of returning media to Blizzard.
4. Limitation of Liability. NEITHER BLIZZARD NOR ITS PARENT, SUBSIDIARIES OR AFF
ILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OU
T OF THE PROGRAM OR ANY USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION LOSS OF
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR GAMING UNIT FAILURE OR MALFU
NCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. NEITHER BLIZZARD NOR ITS PARENT,
SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO
ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED B
Y THE PROGRAM. BLIZZARD SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVIC
E, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES,
OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
IN NO EVENT WILL BLIZZARD BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL
, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
5. Indemnification. You hereby agree to defend, indemnify and hold Blizzard harm
less from and against any claim, liability, loss, injury, damage, cost or expens
e (including reasonable attorneys fees) incurred by Blizzard arising out of or
from (a) your use of the Program; and (b) your violation of any provision of thi
s Agreement. Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitations may not apply to you.
6. Termination. Blizzard may terminate this Agreement at any time should you fai
l to comply with the terms of this License Agreement. Upon termination, you must
destroy all copies of this Program and all of its component parts, and remove t
he Program from your computer or gaming unit.
6. Termination. Blizzard may terminate this Agreement at any time should you fai
l to comply with the terms of this License Agreement. Upon termination, you must
destroy all copies of this Program and all of its component parts, and remove t
he Program from your computer or gaming unit.
7. Miscellaneous. This License Agreement constitutes and contains the entire agr
eement between the parties with respect to the subject matter hereof and superse
des any prior oral or written agreements. This License Agreement can be amended
only by an instrument in writing signed by each of the parties. If any provisio
n of this Agreement is found to be unenforceable, that provision shall be severe
d and the remainder of the Agreement shall be given full force and effect. This
License Agreement shall be governed by, and will be construed under, the Laws of
the United States of America and the law of the State of Delaware, without rega
rd to choice of law principles. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded. For our
customers who purchased a license to the Program in, and are a resident of Cana
da, other laws may apply if you choose not to agree to arbitrate as set forth ab
ove; provided, however, that such laws shall affect this Agreement only to the e
xtent required by such jurisdiction. In such a case, this Agreement shall be int
erpreted to give maximum effect to the terms and conditions hereof. Those who ch
oose to access the Program from locations outside of the United States and Canad
a do so on their own initiative and are responsible for compliance with local la
ws if and to the extent local laws are applicable.