With the announcement that Diablo III Friends & Family Internal Beta testing has officially begun, and no NDA is required, now we can post the installer screenshots and the EULA. Sorry, I personally don’t like to post Leaks until they are official.
PRE-RELEASE TESTING AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING PRE-RELEASE TEST 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 THIS SOFTWARE PROGRAM.
This pre-release version of the “DIABLO® III” 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. This Diablo® III Pre-Release Test (the “Test”) provides a limited opportunity during which certain designated people (“Testers”) are given the opportunity to test the pre-release version of the “Game.” If you are designated by Blizzard as a Tester, then in consideration of your meeting the eligibility requirements set forth below, and agreeing and adhering to the terms and conditions of this Agreement, you will be given the opportunity to test the Game.
1. Eligibility. You are only eligible to participate in the Test if:
(i) You are designated by Blizzard as a Tester;
(iii) You are an adult in your country of residence;
(iv) You allow Blizzard to obtain hardware and software information from the computer system that you will use to take part in the Test (the “System”) prior to registration for the Test in order for Blizzard to determine if you are eligible to participate in the Test; and
(v) The System meets the specifications which Blizzard determines are required for the Test.
You understand that Blizzard may change the required system specifications at any time during the Test, and if at any time during the Test your System does not meet the requirements, Blizzard, in its sole discretion, may determine that you are ineligible to continue to participate in the Test.
2. Grant of License. Blizzard grants you a license 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. This license is limited, non-exclusive, and can be revoked by Blizzard at any time, for any reason.
3. Distribution of the Game. The “Blizzard Downloader” utility utilizes the ‘upload’ capability of your computer to distribute the Game to other participants of the Test. By accepting the terms of this agreement, you agree that Blizzard may distribute the Game using the upload capacity of the System to ‘upload’ all or part of the Game to other participants of the Test.
4. Confidentiality. The existence of the Test and all elements thereof (including without limitation this Agreement) is confidential, and you agree to maintain secrecy associated with the Test. For purposes of example and not limitation, you agree that you will not disclose the following:
(i) Information about the Test, such as your role as a Tester, the length of the Test, the number of Testers, how you became a Tester, etc.
(ii) Information related to the Game, such as the Game’s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, the Game’s non-player character interaction, quests, items, armor, weapons, stability of the Game, etc.
During the Test, Blizzard can announce to Testers that certain information about the Game may be disclosed to the public. After such an announcement, you may disclose information that Blizzard has approved for public disclosure.
5. Ownership. Blizzard owns the Game, including all intellectual property rights in and to the Game and all copies thereof. 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.
6. Tester Responsibilities
(i) You may not copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game,
(ii) You may not remove any proprietary notices or labels from the Game.
(iii) Without limiting Blizzard’s rights hereunder, you agree that you shall not:
a) 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, or let any third person use the Game and/or the Account;
b) exploit the Game or any of its parts for any commercial purpose;
c) 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; or
d) facilitate, create or maintain any connection to the Game which has not been authorized by Blizzard, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Game.
7. Consent to Monitor. 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” IS A THIRD PARTY SOFTWARE, SUCH AS AN “ADDON,” “MOD,” “HACK,” “TRAINER,” OR “CHEAT,” THAT: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IF THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD THAT COULD INCLUDE YOUR ACCOUNT NAME, IP ADDRESSS, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) TERMINATE YOUR ACCESS TO THE TEST.
8. Termination. Blizzard may 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 Test, and remove any elements of the Game from any hard drives on which the Game has been installed.
9. Feedback. During and after the Test, Blizzard may provide you with an opportunity to provide Blizzard with comments, suggestions and impressions of the Game by using the in-program mechanisms provided to supply feedback and bug reports, internal websites and forums, and such other methods. The Game may also include a tool that will allow the 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 allow you to forward a report to Blizzard via electronic mail.
10. Acknowledgments. You acknowledge that:
(i) the Game is a work in progress and may contain bugs which may cause loss of data and/or damage to the System;
(ii) you have, or will, back-up your hard drive prior to installation of the Game;
(iii) you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;
(iv) Blizzard is not liable in any way for the loss of data or damage to the System, interruptions of service, software or hardware failures, or loss of data or disruption of service.
(v) Blizzard may monitor and record any and all communications, electronic or otherwise, pertaining to the Game including, without limitation, packets, chat, email, message board postings, etc.;
(vi) Blizzard may delete or modify the information stored by the Game for any reason at any time during the duration of the Test; and
(vii) Blizzard may transfer software program files to the System, including a program that will collect and send Blizzard CPU, RAM, operating system, video card, and sound card information from the System.
11. DISCLAIMER OF WARRANTIES. THE GAME AND ANY ACCOMPANYING DOCUMENTATION IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. 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.
12. LIMITATION OF LIABILITY. BLIZZARD IS NOT 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 AND YOUR PARTICIPATION IN THE TEST.
13. Equitable Remedies. You agree that Blizzard would be damaged if you breach the terms of sections 2,3,5,7, and 10-14 of this Agreement, and if you are in breach of one or more of these sections of the Agreement, 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 any other legal remedies available to Blizzard.
© 2011 Blizzard Entertainment, Inc. All rights reserved. Diablo and Blizzard Entertainment are registered trademarks of Blizzard Entertainment, Inc., in the U.S. and/or other countries.
Bashiok revealed a few tidbits about the upcoming beta testing. Some bits have been filtered out in interviews, and serve as reassurance for those who missed said interviews.
Beta testing has a length of about two hours of gameplay. However, counting on beta testers to try out the other five classes definitely counts as a 10 hours of basic experience, plus the countless replayability for those who will keep playing throughout the lifespan of the beta test.
This is not a normal beta in the sense of what we have experienced in StarCraft II and World of Warcraft, so don’t take those assumptions with you aboard.
Blizzard has enough internal testers to guarantee a nigh perfect game without a public closed or open beta. If Blizzard wanted to — they could release Diablo III in a couple of months or who knows even sooner. That gives me a sense of awe to know this game development is pretty much ironed out and ready to ship.
What the Diablo III beta test aims for is to test and monitor battle.net 2.0′s performance via stress test. More and more invites will be sent over time as needed.
Some might find these statements disapponting. Many of us are used to beta test for up to three or four months. However, the fact they don’t need more feedback than that of their internal QA Team and family & friends to test the alpha client means Diablo III is closer to release than assumed — and it is a technical matter for this game to be released or not within 2011. I’m game for that. Let beta testing roll, and let Diablo III come out Q4 2011. Gimme !!!!
Beta will only go to Skeleton King?
Bashiok: It’s a couple hours of content, times five classes (times two genders if you want).
The intent of the beta is purely to test hardware, server stability, the launcher, patcher, and other very technical bits. We frankly have more than enough testers in-house to test a game like Diablo III for bugs and balance (I fully expect someone to quote this when the game releases with bugs or imbalance). We really need help from the beta to see how it runs on a wide variety of systems, and how the servers hold up with a large amount of people.
Cutting it off at the Skeleton King gives enough gameplay to hit those intents of the beta, and it’s a great place to stop as it’s also right before some huge spoilers. The game has a fairly straightforward campaign, and so keeping that under wraps is extremely important to us, and we think you’ll ultimately appreciate us protecting the sanctity of the release experience.
how the servers hold up with a large amount of people.” SO that means you’re going to invite a ton of people?
Bashiok: It depends on how active people stay. If concurrency dips, we’ll invite more. If the first wave stays active to the end of beta then we may not invite anyone else.
We’ll just have to see.
Personally I expect the need for lots of continual invites just because of the limited amount of content peoples desire to not ‘spoil’ the final game experience. But we’ll just have to see.– Source