Xbox User Agreement
This Diablo® III interactive game and all files provided to you by Blizzard Entertainment, Inc. (by online transmission or otherwise) to “correct, update or otherwise modify the software and all printed materials and electronic documentation (the “Manual”), as well as all copies and derivative works of this software and manual (collectively, the “Program”), is Blizzard`s copyrighted work. Entertainment, Inc. or its licensors (collectively, “Blizzard”). All uses of the Program are subject to the terms of this License Agreement (the “License Agreement” or the “Agreement”). The Program is distributed solely for use by authorized end users in accordance with the terms of this License Agreement. Any use, reproduction, modification or distribution of the Program not expressly authorized by the terms of this License Agreement is expressly prohibited. Stock prices and index data (including index values). You may not use any of the Dow JonesSM Indices, Index Data or Dow Jones Marks in connection with the issuance, creation, sponsorship, trading, marketing or promotion of financial instruments or investment products (. B e.g. derivatives, structured products, mutual funds, exchange-traded funds, investment portfolios, etc.) on which the price, yield and/or performance of the instrument or investment product is based, B.
in connection with or intended to: to replicate any of the indices or an approximation of any of the indices) without a separate written agreement with Dow Jones. 6. SUPPORT SERVICES. Microsoft is under no obligation under this Agreement to provide support services for the Software. All media is “as is”, “with all faults” and without warranty of any kind. f) share, publish, distribute or lend the Software, make the Software available to others for use as a stand-alone hosted solution, or transfer the Software or this Agreement to a third party. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether oral or written. This License Agreement may only be modified by a written document signed by each of the parties. If any provision of this Agreement is held to be unenforceable, that provision will be deleted and the remainder of the Agreement shall have full force and effect. This License Agreement shall be governed by and construed in accordance with the laws of the United States of America and the laws of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Our customers who have purchased a license for the Program in Canada and are residents of Canada may be subject to different laws if they do not agree to arbitrate as set forth above; provided, however, that such laws affect this Agreement only to the extent required by that jurisdiction. In such a case, this Agreement shall be construed as giving maximum effect to the terms of this Agreement. Those who choose to access the Program from locations outside the United States and Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. 8. BINDING ARBITRATION AND CLASS ACTION WAIVER. This section applies if you live in the United States (or, if it is a corporation, your principal place of business is in the United States). If you and Microsoft have a dispute, you and Microsoft agree to try to resolve it informally for 60 days. If you and Microsoft are unable to do so, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”) and not to bring an action before a judge or jury. Instead, a neutral arbitrator decides. Class actions, class arbitration, private actions of the Attorney General and any other proceeding in which a person acts in a representative capacity are not permitted; or the combination of individual proceedings without the consent of all parties. The full arbitration agreement contains additional terms and is aka.ms/arb-agreement-1.
You and Microsoft agree to these Terms. Subject to your acceptance of this License Agreement and your continued compliance with this License Agreement, Blizzard hereby grants and you hereby agree to a limited, non-transferable, non-sublicensable, non-exclusive license to use one copy of the Program for non-commercial entertainment purposes. This license granted is subject to the following restrictions, and you agree not to: a) Australia. You have legal warranties under australian consumer law and nothing in this Agreement is intended to affect those rights. Effect and sale. Upon termination or expiration of the Agreement, Publisher will no longer have the right to exercise the rights licensed under the Agreement and will not do so and will immediately cease the manufacture of TPUs by its authorized replicators and, unless otherwise specified below, will cease use of Microsoft`s trademarks. Publisher shall [***] after expiration (or termination, except due to infringement by Publisher) (“Sale Period”) to sell its existing inventory at the time of termination or expiration to THE CIPUs, after which Publisher shall immediately return all unsold TPUs to an authorized replicator for destruction. Publisher instructs the authorized replicator to: (1) destroy all returned TPUs; and (2) request its authorized representative to confirm in writing to Microsoft that all such PFUs have been destroyed. All of the Publisher`s obligations under the Contract and this Annex apply during this Sales Period. If the Agreement is terminated due to a breach by Publisher, Microsoft may require Publisher to immediately destroy all undistributed TPUs that have not yet been distributed to Publisher`s distributors, resellers, and/or end users, and to cease distribution to all those who distribute the PUP over which It has control. Publisher will continue to support existing game features for TPUs sold prior to the effective date of termination or expiration until the end of the Minimum Commitment Term. 10.
APPLICABLE LAW AND PLACE OF DISPUTE RESOLUTION. If you acquired the Software in the United States or Canada, the laws of the state or province in which you live (or, if it is a company where your principal place of business is located) govern the interpretation of this Agreement, claims for breach thereof, and all other claims (including consumer protection, unfair competition and tort liability); regardless of conflict of laws principles. except that the FAA regulates everything related to arbitration. If you purchased the Software in another country, its laws will apply, except that the FAA will govern everything related to arbitration. If there is a U.S. federal jurisdiction, you and Microsoft consent to the exclusive jurisdiction of the federal court located in King County, Washington, for all disputes arising in court (excluding arbitration). If not, you and Microsoft consent to the exclusive jurisdiction of the Superior Court of King County, Washington, for all disputes arising in court (except arbitration). ii. Limitation of Liability. In the event of intent, gross negligence, claims under product liability law, and injury to life, limb, or health, Microsoft will be liable in accordance with the law. Subject to section ii above. Microsoft will only be liable for slight negligence if Microsoft violates these essential contractual obligations, the performance of which facilitates the proper performance of this Agreement, the breach of which would compromise the subject matter of this Agreement, and the performance of which a party can constantly rely on (referred to as “cardinal obligations”).
In other cases of slight negligence, Microsoft will not be liable for slight negligence. b) Third Party Software. The Software may contain third-party applications licensed to you under this Agreement or on their own terms. License terms, notices, and, if applicable, confirmations for third-party applications can be found online at aka.ms/thirdpartynotices or in an accompanying message file. Even if such applications are subject to other agreements, to the extent permitted by law, the following exclusions of liability, limitations of liability and exclusions of damages also apply. .