product. At the end of the TOU, Blizzard includes a button with the text, "Agree" in it, which the user must click before the Battle.net service can be used. The product will not work with the Battle.net service if the "Agree" button is not selected.
For every game at issue in this litigation except for Diablo, the outside packaging of the game states that use of the game is subject to a EULA, and that use of Blizzard's Battle.net service is subject to the Battle.net TOU. The terms of the EULAs and TOU themselves do not appear on the outside packaging. If the user does not agree to the terms of Blizzard's EULAs or Battle.net TOU, he or she may return the game for a full refund of theoccasionally experienced difficulties with the service. Blizzard has also received complaints about user profanity and users who cheated to win games by modifying Blizzard's software ("client hacks"). Although Blizzard has taken actions to correct these difficulties with its Battle.net service, including adding additional server capacity, banning cheaters, and providing *1172 for private channels and games, defendants were frustrated by the difficulties.
To address their frustrations with Battle.net, the defendants joined a group of non-profit volunteer game hobbyists, programmers, and other individuals called the "bnetd project." Combs, Crittenden, and Jung were lead developers for the bnetd project. Combs led all the developers. The bnetd project was a collaboration focusing on development of the bnetd server, which is a program that attempts to emulate Blizzard's Battle.net service. The bnetd server was