it just crashes, twice when i try to run it in windows 7.

ah same here, windows 7 64bits

Solved topic: Game crashes at start - disable DEP

i have disabled that for diablo and it still crashes with BEX.

Try setting diablo.exe in compatibility mode with Win XP service pack 2

now it only crashes once with BEX, not twice as it did before.

BTW, there's a fix for this in another thread:
https://www.gog.com/forum/diablo/game_crashes_at_start/page2

I was also getting crash-on-launch, under Windows 7 64bit.
The fix that specified changing two bytes in storm.dll, fixed it for me.

To summarize:
After patching the respective storm.dlls by changing 2 bytes
from 04 to 40 at offsets 0x1d43b and 0x1dce8
Diablo.exe seems to run ;)

(This changes the flProtect argument to two VirtualAlloc() calls,
04 is PAGE_READWRITE, 40 is PAGE_EXECUTE_READWRITE)

storm.dll:
0x1d43b: 04 -> 40
0x1dce8: 04 -> 40

After these changes, Diablo also runs without disabling DEP.

that involves hex editing and would make it incompatible with my unaltered game which i am using in windows 10.