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From: 腾讯
Subject: (no subject)
Date: Fri, 9 Jul 2004 02:41:19 +0800

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 
FROM 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 and 
derivative works of such software program and materials are the 
copyrighted work of Blizzard Entertainment, a division of Davidson & 
Associates, Inc., 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 or portable computer. In 
addition, the Program has a multi-player capability that allows up to 
eight players per registered version of the Program to play 
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. However, 
Spawned Versions of the Program must be played in conjunction with the 
registered version of the Program from which they were spawned. All of 
the terms and conditions of the License Agreement shall also apply to 
the Spawned Version of the Program, with the exception that the 
Spawned Version Program may be installed on as many computers as you 
wish. The Program also contains a Level Editor (the "Editor") that 
allows you to create custom levels or other materials for your 
personal use in connection with the Program ("New Materials"). All use 
of the Editor or any New Materials is subject to this License 
Agreement. 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 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 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 
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 caf? 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) 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 Blizzard; and

(iv) 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.

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 and any New Materials from your home 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 and any New Materials. 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 and any New Materials.

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, Editor and Manual(s). The Program, Editor 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, DAVIDSON & 
ASSOCIATES, 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 EDITOR INCLUDING, BUT NOT LIMITED TO, LOSS OF 
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND 
ALL OTHER COMMERCIAL DAMAGES OR LOSSES. 

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.

10. 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 parities 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.




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