WRATH OF THE LICH KING "BETA" TEST
END USER LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING WRATH OF THE LICH KING "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 "World of Warcraft®: Wrath of the Lich King™" software program and any accompanying materials or documentation (collectively, the "Program") is the copyrighted work of Blizzard Entertainment, Inc. ("Blizzard"), or its suppliers. All use of the Program is governed by the terms of this Agreement. The Program may be used only by individuals designated by Blizzard solely for the purpose of testing the Program in accordance with the terms of this Agreement. Any use, reproduction, public display, sale or redistribution of the Program not in accordance with the terms of the Agreement is expressly prohibited.

WRATH OF THE LICH KING "BETA" TEST AGREEMENT

The Wrath of the Lich King Beta Test (the "Beta Test") is a limited period during which certain designated people ("Beta Testers") are given the opportunity to test the pre-release version of the Program. If you are designated by Blizzard as an Beta Tester, and if you agree to the terms and conditions of this Agreement, then you will be given the opportunity to test the Program. The following terms and conditions apply solely to your use of the Program, and not to your use of a retail version of World of Warcraft, or The Burning Crusade.

1. Grant of License.

   Subject to the terms and conditions contained herein, Blizzard hereby grants, and by installing or using the Program you thereby accept, a limited, revocable, non-exclusive license and right to install and use one (1) copy of the Program for your use on one (1) computer for the purpose of testing the Program. Use of the Program is subject to your acceptance of: (i) this Agreement; and (ii) the "Wrath of the Lich King "Beta" Test Terms of Use Agreement (the "Terms of Use").

2. Eligibility.

   Your eligibility to participate in this Beta Test, is subject to the following restrictions: (i) you must have registered a World of Warcraft user account in good standing that has been upgraded with "The Burning Crusade" expansion (the "Account"); (ii) you must be an adult in your country of residence; (iii) you may not be a principal, employee, independent contractor, or agent of a company that is a publisher, manufacturer, or a developer of computer or video games (other than Blizzard Entertainment, Inc., or Vivendi Games, Inc); (iv) you may not be a member of the press; and (v) you may not maintain a gaming fan or guild website.

3. Strict Compliance.

   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 Terms of Use Agreement. By your acceptance of this Agreement, you hereby represent and acknowledge that you are liable for all activities conducted through the Account; and that a violation of the terms of this Agreement may, at Blizzard's sole discretion, result in disciplinary actions being taken against the Account that may include, but is not necessarily limited to, warnings, temporary suspension, permanent suspension or modification of the Account.

4. Distribution of the Program.

   Blizzard, at its sole option, may choose to distribute the Program using any method it chooses, including without limitation: (i) on DVD Rom; (ii) through 'streaming' technology; or (iii) through the use of the Blizzard downloader, which utilizes a 'Torrent' to deliver the Program to your computer while at the same time utilizing the 'upload' capability of your computer to distribute the Program to other participants of the Beta Test. If Blizzard chooses to deliver the Program via a 'Torrent,' you hereby agree that Blizzard may distribute the Program by using your computer to 'upload' all or part of the Program to other participants of the Beta Test.

5. Ownership.

   All title, ownership rights and intellectual property rights in and to the Program 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 Program is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Program may contain materials licensed by third parties, and the licensors of those materials may enforce their rights against you in the event of any violation of this Agreement.

6. Responsibilities of Beta Tester:

   1. 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 Program, or remove any proprietary notices or labels from the Program. Failure to comply with the restrictions and limitations contained in this Section 6 shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.

   2. You agree that you shall not, under any circumstances,

      1. sell, grant a security interest in or transfer reproductions of the Program to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the Program to others;

      2. exploit the Program or any of its parts for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location without the express prior written consent of Blizzard;

      3. host, provide or develop matchmaking services for the Program 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 Program, 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;

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

      5. Create, reproduce, distribute, display or otherwise make available screen shots or videos depicting the Program or any element thereof without the prior written consent of Blizzard

7. Consent to Monitor.

   WHEN RUNNING, THE PROGRAM MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND HARD DRIVE FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE PROGRAM. 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 PROGRAM 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 PROGRAM. IN THE EVENT THAT THE PROGRAM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE PROGRAM 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.

8. Confidentiality.

   The existence of the Beta Test and all elements thereof (including without limitation this Agreement) is confidential, and you agree to maintain secrecy associated with the Beta Test until such time that Blizzard releases such information publicly. For purposes of example and not limitation, you agree that you will not disclose the following:

1. The existence of the Beta Test.

2. Your role as an Beta Tester.

3. Any details regarding the stability of the Program, including, but not limited to connectivity, server stability, frame rates, lag, etc.

4. Any comments regarding the appearance, look, feel and playability of the Program.

5. Any details regarding the number of people currently participating in the Beta Test.

6. General comments about overall development of the Program.

7. Any comments relating to the length of time that the Beta Test may last.

8. General comments about the systems utilized in the Program, including, but not limited to, the races, classes, combat, magic, communication, grouping, questing, and monetary systems.

9. Any general comments regarding the storyline behind the Program, including, but not limited to the story itself, non-player characters, quests, player races, classes, and items, armor, and weapons, of both a magical and non-magical nature.

10. Any contact/private information provided by Beta Tester to Blizzard, including, but not necessarily limited to suggestions, bug reports, etc.

11. Any information related to private areas open only to Beta Testers, including but not limited to addresses, passwords, chat, email and message boards.

12. Any information/discussions/postings which may be located on the private Beta Test message boards.

13. Any comments/information that would allow people who are not currently part of the Beta Test to get access to the Beta Test through either legitimate or illegitimate means.

14. Any feature of the Program that is unique to the Program or represents an improvement over other massively multi-player on-line role playing games currently available to consumers.

This terms of this Section 8 shall survive any expiration or termination of the Agreement and shall continue until such time that Blizzard ships "Wrath of the Lich King" to retail customers.

9. Termination.

   Your use of the Program is all times subject to your meeting the eligibility requirements set forth in Section 2 above, and shall be limited to the term of the Beta Test, which will last until terminated by Blizzard in its sole and absolute discretion. This Agreement will terminate automatically 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 Program and all documents and materials you received from Blizzard in connection with the Beta Test, and you must remove any elements of the Program from any hard drives on which the Program 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 Program by using: (i) the in-program mechanisms provided to supply feedback and bug reports; (ii) the Program Beta Test website and forums (if applicable); and (iii) email communications sent to wowbetasupport@blizzard.com. Additionally, the Program includes 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 and agree that: (i) Blizzard reserves the right to update, modify or change this Agreement at any time; (ii) the Program is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system, and for that reason, you have or will back-up your hard drive prior to installation of the Program, and that you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost; (iii) that Blizzard is not liable in any way for the loss or damage to players, accounts, statistics, or user profile information stored by the Program; (iv) that Blizzard may monitor and record any and all communications, electronic or otherwise, pertaining to the Program including, without limitation, Program packets, chat, email, message board postings, etc.; (v) Blizzard may delete or modify the information stored on the Program for any reason at any time during the duration of the Beta period, including the modification or deletion of player characters; and (vi) 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 Delaware, and any dispute arising hereunder shall be resolved in accordance with the law of Delaware. 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 Program I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.

    © 2008 Blizzard Entertainment, Inc. All rights reserved. Wrath of the Lich King is a trademark, and The Burning Crusade, Warcraft, World of Warcraft, and Blizzard Entertainment are registered trademarks of Blizzard Entertainment, Inc., in the U.S. and/or other countries.