EULA (End User License Agreement)
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (THIS “LICENSE AGREEMENT”) BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THE SOFTWARE PRODUCT.
“Game Client” means (i) any software program made available to you by Smilegate Entertainment, Inc. (“SGE” or “we”) under this License Agreement, whether in the form of a CD-ROM or DVD-ROM (“CD-ROM”), a batch of downloadable files made available through ( ) , or in any other form or manner (via on-line transmission or otherwise). The Game Client includes any patches, updates, or other upgrades or modifications thereto, as well as any security and anti-hack modules and tools.
“Game” under this License Agreement mean to include any Game Client, any printed materials and any on-line or electronic documentation related to or for the Game Client (the “Manual”), and any and all copies and derivative works of such software program and materials.
THE GAME IS DISTRIBUTED SOLELY FOR USE BY AUTHORIZED END USERS ACCORDING TO THE TERMS OF THIS LICENSE AGREEMENT. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT EXPRESSLY AUTHORIZED BY THE TERMS OF THIS LICENSE AGREEMENT IS EXPRESSLY PROHIBITED.
- 1. Grant of a Limited Use License.
The Game installs the Game Client on your hardware to allow you to play the Game through your Account. You acknowledge and agree that the Game is the copyrighted work of SGE or its suppliers and licensors (collectively, the “Licensor”).
Subject to the provisions of this License Agreement, the Licensor hereby grants you a limited, non-exclusive license and right to install the Game Client, and to access and use the Game for your personal use on one (1) or more devices which you own or which are under your personal control. By downloading, installing, or using the Game Client, you acknowledge and agree that you accept such limited, non-exclusive license and right subject to the provisions of this License Agreement.
- 2. Ownership.
- A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including, but not limited to, 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, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Game) are owned or licensed by the Licensor. The Game is protected by the Copyright Act of the Republic of Korea, international copyright treaties and conventions, and other applicable laws. All rights are reserved. The Game may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of your violation of this License Agreement. Licensor retains the intellectual property rights in and to the Game and any derivative works thereto created by or on behalf of Licensor.
- B. The Game is licensed to you, and this License Agreement does not grant you any ownership or title in and to the Game, including any part thereof. You may not assign or transfer any of your rights and obligations under the License Agreement, to another.
- C. Release. You hereby release from, and covenant not to hold liable Licensor or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims related to or arising out of your use of the Game, including any claims pertaining to any intellectual property that interacts with, uses, or relates to the Game that may have been developed by you or any third party other than the Licensor.
- D. Indemnification. You hereby agree to defend, indemnify, and hold harmless Licensor and its affiliates, or any of their licensees, assigns or successors, from and against any and all damages, liabilities, causes of action, judgments, or claims (including reasonable attorneys' fees) they have incurred arising out of or in connection with your breach of this License Agreement.
- 3. Responsibilities of End User.
- A. Subject to Section 1 (Grant of A Limited Use License) hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Game Client and the Manuals for archival purposes only in accordance with Article 35-2 of the Copyright Act of the Republic of Korea.
- B. You agree that you shall not, under any circumstances:
- (i) sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or sublicense the Game to others;
- (ii) exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose;
- (iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Licensor 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, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks;
- (iv) create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Licensor. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by Licensor for public use.
- (v) cheat, hack, or commit other fraudulent activities that undermine the Game and user communities.
- 4. Termination.
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) destroying all copies of the Game in your possession; (ii) removing the Game Client from your device; and (iii) notifying Licensor of your intention to terminate this License Agreement by contacting us via our website at ( ) and following SGE's instructions.
Licensor may, at its sole discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy all copies of the Game in your possession and remove the Game Client from your device. Upon termination of this License Agreement for any reason, all licenses granted herein shall immediately terminate.
SGE may discontinue the Game and terminate this License Agreement at its sole discretion at any time after ten days advance notice posted on its website
- 5. Export Restrictions and Controls.
You acknowledge that the Game may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Game as well as end-user, end-use and destination restrictions issued by national governments. You will cooperate with SGE as necessary to ensure compliance with any applicable laws and regulations relating to exports and re-exports. Without limiting the generality of the foregoing, the Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the Republic of Korea has embargoed goods, or to anyone on the list of embargoed and/or sanctioned countries as designated by any applicable laws and regulations, and/or the Korean government. BY INSTALLING THE GAME, YOU ARE AGREEING TO THE FOREGOING, AND YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY OR ON ANY SUCH LIST.
- 6. Patches and Updates.
Licensor may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. You consent to Licensor updating the Game remotely, including, without limitation, the Game Client residing on your machine, without advance or other notice to you, and you hereby grant to Licensor your consent to deploy and apply such patches, updates and modifications to the Game by push, pull, or any other technology now known or hereinafter developed.
- 7. Safety and Seizure Warning.
Please exercise caution and be aware of your surroundings when playing the Game. The game's visual display may not accurately reflect the real world, so ensure that you have enough space to play safely and that there are no hazardous objects or obstacles in your vicinity. Additionally, some individuals may experience seizures or blackouts when exposed to certain light patterns, flashing lights, or flashing images, including while playing or watching video games, even if they have never had a seizure or blackout before. Children and teenagers are especially susceptible to these symptoms.
Symptoms of seizures may include lightheadedness, jerking or shaking of the extremities, disorientation, full convulsions (which can lead to other injuries by causing an individual to fall off of a chair and/or strike objects nearby), confusion, altered vision, loss of awareness, and eye or muscle twitching. If you experience any of these symptoms while playing a video game, IT IS CRUCIAL THAT YOU STOP PLAYING IMMEDIATELY AND CONSULT YOUR DOCTOR.
As a precaution, parents should monitor their children's video game usage and ensure they are not experiencing any symptoms. If you or anyone in your family has an epileptic condition or history of seizures, it is recommended that you consult a physician prior to playing video games, as there may be undiagnosed condition that could be triggered by exposure to certain stimuli.
Please also be aware THAT SGE IS NOT A MANUFACTURER, PROVIDER, OR SELLER OF YOUR VR DEVICE, AND AS SUCH, SGE HAS NO LIABLITY WHATSOEVER FOR YOUR VR DEVICE OR ANY INJURY OR DAMAGE CAUSED WHILE YOU ARE USING SUCH VR DEVICE, INCLUDING WHILE PLAYING OUR GAME WITH SUCH VR DEVICE. We want to emphasize that it is important to read the hardware instruction manual that comes with your VR device. Please use the VR device responsibly, follow all manufacturer instructions and warnings, and take breaks as necessary to avoid physical discomfort or other issues.
BY PLAYING OUR GAME, YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF OUR GAME, AND YOU AGREE THAT SGE IS NOT RESPONSIBIE FOR ANY INJURY, HARM, OR DAMAGE THAT MAY OCCUR WHILE PLAYING OUR GAME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR GAME.
- 8. Limited Warranty.
LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE GAME, INCLUDING THE GAME CLIENT AND MANUAL(S). THE GAME, GAME CLIENT AND MANUAL(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE GAME, GAME CLIENT AND MANUAL(S) REMAINS WITH THE USER. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE GAME IS TO UNINSTALL AND CEASE USE OF SUCH GAME.
- 9. Limitation of Liability.
NEITHER LICENSOR NOR ITS SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR LICENSEES, ASSIGNS OR SUCCESSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED UNDER APPLICABLE LAWS IS EXPRESSLY DISCLAIMED. FURTHER, LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. LICENSOR SHALL 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. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 10. Equitable Remedies.
You hereby agree that Licensor would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws.
- 11. Changes to the Agreement.
SGE reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when SGE upgrades the Game Client by notifying you as follows:
If any future changes to this License Agreement are unacceptable to you or cause you to be no longer in compliance with this License Agreement, you must terminate this License Agreement in accordance with Section 4 herein.
Your installation and use of any updated or modifications to the Game or your continued use of the Game following notice of changes to this License Agreement as described above will mean that you accept any and all such changes. SGE MAY CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE GAME AT ANY TIME. SGE may also impose limits on certain features or restrict your access to parts or all of the Game without notice to you. YOU ACKNOWLEDGE AND AGREE THAT NEITHER SGE, NOR ITS SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR LICENSEES, ASSIGNS OR SUCCESSORS SHALL BE LIABLE TO YOU IN ANY WAY FOR SUCH ACTIONS BY SGE. You agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game.
- 12. Jurisdiction's Restrictions.
If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this License Agreement according to age and you are under such age limit, you must not enter into this License Agreement, or download, install or use the Game.
- 13. Relationship Between the Parties.
The relationship between you and SGE is that of licensee and licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity.
- 14. Representations and Warranties.
You represent and warrant that all information provided by you is true and accurate and complete, and that you are authorized to and have legal authority to enter into this License Agreement and comply with its terms. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Game.
- 15. Miscellaneous.
This License Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to any conflict of laws principles. Any disputes arising out of or in connection with this Agreement shall be brought and resolved in an appropriate court of competent jurisdiction within Seoul, Korea. This provision shall not prevent the parties from seeking any injunctive or other equitable relief, or enforcement of a final judgment or order in any appropriate jurisdiction.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING LICENSE AGREEMENT AND AGREE THAT THE ACTION OF INSTALLING THE GAME CLIENT IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT CONTAINED HEREIN.