FANSITE KIT LICENSE
The following represents an agreement between Blizzard Entertainment, a division of Davidson & Associates, Inc., and yourself, relating to the use of the materials contained in the World of Warcraft Fansite Kit (“Fansite Kit License”). Your use of the materials contained in the World of Warcraft Fansite Kit indicates your agreement to be bound by the terms and conditions contained herein.
All materials contained in this “Fansite Kit,” including, but not limited to, any electronic files, code, audio or images (“Fansite Materials”), are the copyrighted property of Blizzard Entertainment®, who grants you a personal, non-exclusive, non-transferable, non-assignable, royalty free license to display, the Fansite Materials for your personal, non-commercial use, provided, however, that you must include or maintain all copyright, trademark and other notices contained in, or associated with, the Fansite Materials. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Fansite Materials, and that no title to the Fansite Materials has been or will be transferred to you from Blizzard Entertainment® or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Fansite Materials, except as needed to create a "fansite" based upon
Blizzard Entertainment’s World of Warcraft product.
This license will continue until terminated. Blizzard Entertainment reserves the right to revoke this limited use license at any time, for any reason, and at the sole discretion of Blizzard Entertainment®. You may not use the Fansite Materials in association with, or on websites that feature, defamatory, pornographic, or inflammatory content, including, but not limited to, hacks and cheats for any products developed by Blizzard Entertainment® or any other content that Blizzard Entertainment® find objectionable or unlawful.
You hereby agree that Blizzard Entertainment® would be irreparably damaged if the terms of this Fansite Kit License were not specifically enforced, and therefore you agree that Blizzard Entertainment® shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Fansite Kit License Agreement, in addition to such other remedies as Blizzard Entertainment® may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Fansite Kit License, 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.
This Fansite Kit License 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. This Fansite Kit License 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 Fansite Kit 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 Fansite Kit License Agreement shall remain in full force and effect. This Fansite Kit 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.