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 b