STARCRAFT® II BETA TEST AGREEMENT

PRE-RELEASE TESTING AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING BETA TEST END USER LICENSE AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THE SOFTWARE.

This pre-release version of the “STARCRAFT® II” software program and any accompanying materials or documentation (collectively, the "Game") is the copyrighted work of Blizzard Entertainment, Inc. (“Blizzard”), or its suppliers. All use of the Game is governed by the terms of this Agreement. The Game may be used only by individuals designated by Blizzard solely for the purpose of testing the Game in accordance with the terms of this Agreement. Any use, reproduction, public display, sale or redistribution of the Game not in accordance with the terms of the Agreement is strictly and expressly prohibited.

STARCRAFT® II BETA TEST AGREEMENT

The “StarCraft® II Beta Test” (the “Beta Test”), provides a limited opportunity during which certain designated people (“Beta Testers”) are given the opportunity to test the pre-release version of the “Game.” If you are designated by Blizzard as a Beta Tester, and you agree to the terms and conditions of this Agreement, then you will be given the opportunity to test the Game.

1. Eligibility. Your eligibility to participate in this StarCraft® II Beta Test is subject to the following conditions: (i) You must have registered a Battle.net® account which is in good standing (the “Account”); (ii) you must be an adult in your country of residence; (iii) you must agree to the terms of this Beta Test Agreement; and (iv) the computer system that you will use to take part in the Beta Test (the “System”) meets the specifications which Blizzard determines are required for the Beta Test, noting that Blizzard has the right to change the required system specifications at any time during the Beta Test, and if at any time during the Beta Test your System does not meet the requirements, Blizzard may determine that you are ineligible to continue to participate in the Beta Test. In order to determine your eligibility for the Beta Test, you specifically agree to allow Blizzard to obtain hardware and software information from the System prior to registration for the Beta Test in order for Blizzard to determine if you are eligible participate.

2. Grant of License. Subject to the terms and conditions contained herein, Blizzard hereby grants, and by installing or using the Game you thereby accept, a limited, revocable, non-exclusive license and right to install and use one (1) copy of the Game for your use on one (1) computer which you own or control at your place of residence for the purpose of testing the Game. Use of the Game is also subject to your acceptance of the Battle.net Terms of Use Agreement (the “Terms of Use”). Your participation in the Beta Test is strictly conditioned upon your compliance with the terms, conditions and restrictions contained herein, and the terms, conditions and restrictions of the Battle.net Terms of Use Agreement. In the event of a conflict between the terms of this Agreement and the Battle.net Terms of Use, this Agreement shall govern and supersede the Battle.net Terms of Use Agreement. Blizzard reserves the right to update, modify or change this Agreement at any time during the Term of the Agreement upon providing reasonable notice to you as stated herein.

3. Distribution of the Game. Blizzard may choose to distribute the Game through the use of the “Blizzard Downloader” utility which utilizes the ‘upload’ capability of your computer to distribute the Game to other participants of the Beta Test. In such an event, you agree that Blizzard may distribute the Game by using your home computer to ‘upload’ all or part of the Game to other participants of the Beta Test.

4. Map Editor. As part of the Beta Test, Blizzard may allow Beta Testers to test the StarCraft II Map Editor (the “Map Editor”) that allows you to create custom levels, maps, scenarios or other materials for your personal use in connection with the Game ("New Materials"). The use of the Map Editor will be subject to an End User License Agreement that you will be required to accept prior to installing and using the Map Editor.

5. Confidentiality. All elements of the Game, how the Game interacts with Blizzard’s Battle.net® On-line Gaming Service (“Battle.net), any functions of Battle.net not available to the public at large, and this Agreement are confidential. You agree to maintain the secrecy associated with the Beta and the Battle.net Service during the Term (as defined in Section 9 below), and after the expiration of the Term of this Agreement. In the event of a breach of this Section 5 of the Agreement, Blizzard reserves the right to any and all actions available to Blizzard under the law to protect its rights hereunder.

6. Ownership. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement.

7. Responsibilities of Beta Tester

A. Subject to the license granted hereunder, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels from the Game. Failure to comply with the restrictions and limitations contained in this Section 7 shall result in the immediate, automatic termination of the license granted hereunder and may subject you to potential civil and/or criminal liability.

B. Without limiting Blizzard’s rights hereunder, you agree that you shall not, under any circumstances:

(i) sell, rent, lease, lend, license the Game to others, grant a security interest in, or transfer reproductions of, the Game and/or the Account to other parties in any way not expressly authorized herein, or let any third person use the Game and/or the Account;

(ii) Exploit the Game or any of its parts for any commercial purpose, including without limitation use at a cyber café, computer gaming center or any other commercial establishment without the express written consent of Blizzard;

(iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Blizzard in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks;

(iv) Facilitate, create or maintain any unauthorized connection to the Game, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Game. All connections by or to the Game may only be made through methods and means approved by Blizzard. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game other than those expressly provided by Blizzard for use by Beta Testers; or

(v) Create, reproduce, distribute, display or otherwise make available screen shots depicting the Game or any element thereof without the prior written consent of Blizzard.

8. Consent to Monitor. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADDON,” “MOD,” “HACK,” “TRAINER,” OR “CHEAT,” THAT IN BLIZZARD'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY BLIZZARD; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

9. Term and Termination. Your use of the Game shall be limited to the Term of the Beta Test, which will begin upon your installation of the Game, and last until terminated by Blizzard at its sole and absolute discretion (the “Term”). This Agreement will terminate automatically without notice upon the termination of the Beta Test. Blizzard shall have the right to terminate this Agreement at any time, for any reason, or for no reason. Upon termination of the Agreement, you must destroy the Game and all documents and materials you received from Blizzard in connection with the Beta Test, and you must remove any elements of the Game from any hard drives on which the Game has been installed.

10. Feedback. At the termination of the Beta Test, and during the Term as requested by Blizzard, you agree to provide Blizzard with comments, suggestions and impressions of the Game by using the in-program mechanisms provided to supply feedback and bug reports, the Game Beta Test internal website and forums, and such other methods are provided by Blizzard. Additionally, the Game may include a tool that will allow your system to forward system and driver information to Blizzard in the event of a crash. This tool will collect data on the system during the crash, and forward a report to Blizzard via electronic mail, after allowing you to see and approve of the information contained in the electronic mail message.

11. Acknowledgments. You hereby acknowledge: (i) that the Game is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system; (ii) that you have, or will, back-up your hard drive prior to installation of the Game; (iii) that you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost; (iv) that Blizzard is not be liable in any way for the loss or damage to players, accounts, statistics, or user profile information stored by the Game; (v) that Blizzard may monitor and record any and all communications, electronic or otherwise, pertaining to the Game including, without limitation, Program packets, chat, email, message board postings, etc.; (vi) Blizzard may delete or modify the information stored on the Game for any reason at any time during the duration of the Beta Test, including the modification or deletion of player characters, statistics, and rankings; and (vii) that as part of the Beta Test registration process, Blizzard may transfer software program files to your computer system, including without limitation, a program that will collect and send Blizzard CPU, RAM, operating system, video card, and sound card information from your computer.

12. DISCLAIMER OF WARRANTIES. THE PROGRAM AND ACCOMPANYING DOCUMENTATION IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. BLIZZARD DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. BLIZZARD DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. LIMITATION OF LIABILITY. BLIZZARD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. I UNDERSTAND AND ACKNOWLEDGE THAT BLIZZARD CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.

14. Equitable Remedies. You hereby agree that Blizzard would be irreparably damaged if the terms of this 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 Agreement, in addition to such other remedies as Blizzard may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

15. Miscellaneous. This 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 parties 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. In the event that any provision of this 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 Agreement shall remain in full force and effect. This 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 Agreement and agree that by clicking “agree” or installing the Game I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.

© 2009 Blizzard Entertainment, Inc. All rights reserved. StarCraft and Blizzard Entertainment are registered trademarks of Blizzard Entertainment, Inc., in the U.S. and/or other countries.