End User License Agreement (23.11.03)
This End User License Agreement (hereinafter referred to as "Agreement" or "EULA") contains information about the use of the games and related services (hereinafter "Services") provided by NEOWIZ, so please read them carefully before using them. NEOWIZ (hereinafter "the Company") is a Company located in Seongnam, Gyeonggi-do, South Korea. The user (hereinafter "the User") shall access the Company's Client System (hereinafter "System") by using the Software (hereinafter "Software") provided by the Company to use the Service. By installing, copying, or using the Services or Software of the Company, you agree to be bound by the terms of the EULA specified by the Company.
These Terms describe (i) the use of the Software, (ii) the Subscription and Use of the Services, and (iii) access to the System. In addition, these Terms may be amended or changed, and the notice in the Services, Website, or through Platform that provides the Services (hereinafter referred to as "Platform", e.g. PSstore, Steam) will notify you of the changes. Please read these terms regularly to protect your use of the Services. After accepting these EULA Terms, your access to the system constitutes acceptance of any new changes and application to the EULA.
By pressing the "Agree" button at the bottom to complete the System connection procedure, you signify your understanding of the EULA. Bypassing the "Agree" button or omitting the procedure, deemed to have accepted the terms of this Agreement. If you do not agree to the EULA, you can reject the Agreement by clicking the "Disagree" button and you will not be able to access the System or use the Services.
1. REQUIREMENTS TO PLAY
To use the Services, you will be required to: (i) Software downloads; (ii) create an account in the Services (hereinafter "Account"); (iii) Compliance with the EULA.
If the policy for the Account and the policy for the Platform conflict, the policy for the Platform takes precedence.
The individual, that is, the person who legally reached majority, or minor allowed under the supervision of a legal representative, can create an Account. You may not share your Account with others or allow anyone other than you (or minors if a legal representative has registered an Account on their behalf) to access or use your Account. It is forbidden for plural users to jointly use or share an Account.
You cannot use an Account created for commercial use. Access to the System and use of the Services is allowed for your personal use only and may not be used for commercial activities or payments. You may not create Accounts, access the System, or use the Services on behalf of any legal entity or business entity. Access to the System or use of the Services for any commercial purpose or benefit is prohibited.
Account Closure / Account Transfer
Under the EULA, you are not allowed to transfer your Account to a third party. If you wish to terminate your Account, please check Article 4 of this Agreement.
All responsibility for the transfer and attempting to transfer the right to a person who is not the Account holder rests with the parties to the transaction, not with the Company. The Company shall not be legally responsible for any acts, claims, credits, non-performance, omission, or liability between the parties to the transaction (including those who wish to transfer the right to use the Account) and may take appropriate actions by the Company's policy if such inappropriate activities are detected.
3. FEES AND PAYMENT TERMS
Additional payments are not necessary to use these Services normally. However, additional content will require download fees or Account payments. Information on download fees, Account payments, and other costs, including content purchases, can be found through the initial purchase process, while information on special items in the Services will be provided before purchase. You can check the payment cost and payment details information through the Platform, Account information, or payment Company. The above costs and payments may be amended by the Company at any time.
The Users can purchase Service-related content following the policy of each Platform. The Users shall pay for the purchase, pay for the content, and refund by the policy of the Platform. You cannot refund anything not specified in this Agreement. Users can use additional content by paying an additional fee, and some additional subscription content is provided during the limited period of use. If you don't pay for it or are willing to stop payment, the right to access additional content can be restricted.
You are responsible for confirming these EULA as costs and payment conditions change. If you don't agree with the changes, you can stop paying or terminate the EULA and delete your Account following the termination provisions below. You are responsible for all fees associated with the payment of several costs, including tax, hardware, Software, Internet connection, and Account payment costs.
4. TERMINATION; SUSPENSION OF ACCOUNT
A. Termination of the Services by Company
The Company does not guarantee continuous operation of the System or Services. The Company may, at its sole discretion, discontinue any details related to the Services at any time. The Company may terminate the EULA, proceed with the suspension of the Account, and cancel all user rights specified in the EULA. The Company may announce the termination of the Services 30 days before the end of the Services: (i) the login notice window; (ii) the posting on the Company's website; (iii) the sending of e-mail; (iv) other delivery methods that the Company considers appropriate. If the Company amends or deletes this article from the EULA, you will not receive any kind of refund.
B. Breach or Misconduct by Company
(1) Suspension of Account
The Company may terminate or restrict access to the System of the Account without prior notice to the extent that rights and legal remedies are not restricted. The Company may terminate and restrict an Account with the same name, phone number, e-mail address, IP address, and credit card number as an Account had been suspended. Account suspension and restriction may apply under the following circumstances: (i) breach of the EULA by the Account owner and user (including rules); (ii) access to the System or Services in a method not authorized by the Account owner and user.
(2) Termination of EULA
The Company may terminate the EULA and cancel all rights specified therein and may suspend all Accounts held by You. Termination of the EULA may occur under the following circumstances: (i) the Company determines that it cannot verify or authenticate your information; (ii) You or your Account user violates the EULA or uses the System or Software without permission. (iii) your use of Services, chat, and actions are deemed inappropriate, aggressive, or in violation of the rules of use; and Termination of the EULA is effective based on the time the information was delivered via e-mail or other means.
You may not be guaranteed the right to a refund under the EULA.
(1) Termination by you
You may terminate the EULA for your Account by sending an e-mail to the Company. However, any kind of refund is not guaranteed at this time.
(2) For a Change in the EULA
The user has the right to refuse the revised EULA. The user shall fulfill the duty of due diligence with the change of the EULA and can cancel the Services contract if not agree to the revised EULA. However, if the user hasn't expressed refusal until the effective date of the revised agreement, the user shall agree to the changed agreement. In addition, if the ‘Agree’ of the EULA is selected or the System or Services is accessed, it is deemed to have accepted the amended EULA and waived the right to terminate the Agreement as outlined in the above Clause.
D. Closed Accounts
When the EULA is terminated, all of your Accounts will be suspended and all of the rights specified in the terms will also be extinguished. Following this procedure, the user will no longer be able to use the relevant software and will not be able to access the System or Services through a suspended Account. When an Account is suspended, all contents of the Account, such as characters, items, currency, etc., are lost. The playing time invested in the Services at the end of the EULA will not be compensated and the value of the Account will not be recognized for refund.
Users whose Accounts have been suspended cannot access the System or Services without permission from the Company. The same restrictions apply to other Accounts. The Account must not be handed over to a user whose Account has been suspended.
A. Specifically Restricted Conduct
You are responsible for acting correctly to maintain continuous right to access to the System and Service. The Company prohibits any acts that may worsen the user's overall experience of using the Services without limiting the Company's control of the Services and the user's behavioral radius.
(1) The act of imposing a heavy burden on the System without any particular reason;
(2) The act of modifying or changing the Services use and content method with the Software produced by the person or a third party;
(3) The act of acquiring or achieving scores, currency, objects, capabilities, ranks, and positions abnormally through Software, macros, and automatic keystrokes owned by yourself or a third party. The act of manipulating user interface or Service data to obtain items, objects, capabilities, or benefits abnormally;
(4) Creating or distributing programs that bypass System logins or access to the System or Services through Software or information that can be obtained through data mining the System;
(5) Posting on a chat window or public community any misconduct that is feared to be a civil liability, including harassment, violence, intimidation, defamation, harmful substance, pornography, and infringement of intellectual property rights;
(6) The act of delivering or receiving characters, currency, or items that are obtained, created, or duplicated by abnormal methods with the intention;
B. Selling Items and Objects
For commercial purposes, you are not permitted to transmit, sell, auction, or purchase any Content in Services and offer a transaction to any third party. Characters, character capabilities, items, currency, and objects cannot be traded. You shall not encourage or induce third parties to participate in any transaction or use and transfer or distribute any Services asset to a gambling in which another Company operates. You may not purchase, sell (or attempt) any character, character capacity, item, currency, or object through an online auction, newsgroup, bulletin board, etc. Such conduct is prohibited by the EULA and is defined as an infringement of the ownership of the Company.
The Company can collect and store user Services usage information. The information will be kept along with other users' Services use information collected from the Services and System. The Company can analyze or use your gameplay information for review, research, development, maintenance, operation, management, support, and sales of products and Services.
The Company can proceed with hardware monitoring to ensure that users use formal Software when using the Services or accessing the System. In addition, the Company can verify that you are using illegal software produced by you or a third party in violation of Article 5 of the Agreement.
7. SEIZURE WARNING
Exposure to light or light can cause seizures with low probability. There is a possibility of seizures regardless of previous hospital records, so special care should be taken when using the Services.
A. Software License
Under these EULA, the Company provides users with limited, proprietary, and revocable Software licenses and related documents. Licensees can create valid Accounts and access the Systems and Services through the Accounts they create.
B. License to Access the System to Play the Game
The Company provides games and user content (as stated below) for users who comply with the EULA and have valid Accounts to use limited, exclusive, and cancelable Software licenses and Services. An effective Account allows you to download and exchange content and user content in the Service within the permitted range of the System. The above information complies with these EULA and is used only for Service use purposes.
C. Specific Restrictions
All rights not outlined in this Agreement shall be waived and licenses, permits, access rights, and entitlements shall be applied implicitly.
Any information obtained through the System may not be used for purposes other than using the Services. Users are not allowed to upload, download, or use information that can be accessed or obtained from the System, except as permitted by the EULA.
You may not copy (excluding those specified above), distribute, lease, adjust, translate, use, display, or create a secondary license based on the Software or any related documents. You cannot transfer the Software except as specified in the EULA.
You may not copy, distribute, lend, rent, lease, modify, or produce secondary works, nor may you adapt, translate, execute, publish, transfer, or reuse information accessible through the System. It includes the contents of the Service and user contents, items, objects, or characters registered in the Service and is not restricted to them. The user can modify the contents of the Services and user content within the Services to the extent allowed by the System.
Extraction of the source code through Software or System information (including data packets sent over the network) is not allowed. Regardless of encryption, disassembling, decompiling, reverse engineering (or attempting) data are prohibited, and analyzing, decrypting (or attempting) packet stream code or allowing third parties to do so are also restricted. If found, the user will explicitly waive all legal rights. You cannot bypass or deactivate a license if the Software and/or System contains license management technology.
D. Software Updates
The Company may update or modify the Software from time to time. You assign to the Company the following rights: (i) the right to extract the hardware System profile data; (ii) (Services and System access) the right to collect information on the file directories; and (iii) the right to download information related to hardware and Services. The above applies to all Accounts and hardware attempting to connect to the System.
E. New Releases of the Software
You are not obliged to use any new Software, expansion packs, updates, upgrades, or any additional content specified in this Agreement. However, the Company may distribute the contents at its discretion. The Company can update, upgrade, and improve its Software without consulting users. When distributing new Software, the Company may request the user to change the Software as a condition of Services use. When a new version is released, the Company shares relevant information with the user and provides time for Software downloads and program installation. Users must install and run new Software within a given period to access the System or use the Services. If the Software fails to be installed within the period, the Company shall not be held liable and shall not guarantee a refund for any previously paid charges.
9. PROPRIETARY RIGHTS
A. Ownership of Software, System and Services
In your relationship with the Company, the Company has exclusive ownership of the Software, Systems, Services, and the Content in the Services (see below). All Software, Systems, Services, and content in the Services are protected by copyright, trademark, and other proprietary laws. The Company sets aside all rights not expressly granted.
The Services be composed of Software codes, programs, routines, subroutines, objects, files, data, characters (including items related to Accounts and characters, money, objects, and capabilities), graphics, sound effects, music, animation, video, text, content, layout, design, and other information. All items listed above can be accessed and downloaded via the System (state "Content in Services" hereinafter). The Company, its Affiliates, Copyrighters, and/or Suppliers hold ownership and interest in the Software, System, Services, and the Content in the Services (including intellectual property rights). No right is transferred to you except for the limited license outlined in the above.
B. Rights to Certain Content
You cannot claim ownership of the Account because of the character's experience accumulation and item acquisition. The Company retains ownership of the Corporation, activities, groups, titles, and characters, as well as objects, currencies, and items acquired through them (including copyrights and intellectual property rights). The details are expressly set aside under this Agreement.
Under the EULA, the Company may use the information of characters that are registered in the user's Account unless limiting the rights of the user. (e.g. charts, lists, and other edits, etc., excepting personal information).
You hereby assign to the Company copyright, ownership, and other rights to information exchanged, transferred, or uploaded in the course of using the System or Services (including without limitation all files, data, and information). The Company may transfer data and information about items acquired, produced, or traded through the Corporation, Group, Title, Character, and Character registered in the Account. If it's impossible to transfer your rights, you will provide the Company with exclusive, permanent, irrevocable, and non-loyalty licenses. The license must be able to issue sublicenses in multiple stages and exercise various intellectual property and other rights. It shall also be possible to apply the clauses specified above to all subsequent content developments. This clause is not relevant to user content (as stated below).
C. User content
The System can provide chat channels, bulletin boards, and other chat spaces to communicate information between users (hereinafter "user content").
All user content transmitted through the System shall not (i) violate laws, decrees, regulations, or rules, (ii) infringe the third-party intellectual property, ownership, privacy, or portrait rights, (iii) publish the offensive or obscene content, child pornography, or content that adversely affects minors (iv) No viruses, trojans, deactivation codes, worms, time bombs, transparent GIFs, cancelbot and other programs and routines are allowed to be distributed for purposes of damage, surveillance, blockage or unauthorized use of data, information, packets, and personal information.
If the user content violates the EULA or the users, license providers and suppliers may be exposed to liability, the Company may take appropriate actions at sole discretion. In addition, appropriate measures may be taken if the interests or rights of the Company, supplier, license provider, Internet provider, and Services user or the reputation of the Company are deemed to be damaged
You provide a worldwide sublicense to the Company that is exclusive, permanent, unrestricted, irrevocable, and without loyalty. The license allows the exercise of various intellectual property and other rights, and the same applies to all subsequent content developed.
Any infringing of the Company's ownership is a serious breach of the EULA, and the Company may suspend or terminate your Account. In addition, depending on the circumstances, the Company may take measures that are determined to be appropriate. The terms are not obstructed by legal remedies or any other rights of the User and may continue to be effective and the relevant information may be accumulated after EULA or the terms of the preceding clause have expired.
10. NO WARRANTIES
Software, Systems, Services, content in the Services, and other related data are provided "as is" and are not liable for any defects. You are responsible for all risks associated with access to Systems and Services.
The Company disclaims all types of warranties express or implied, including warranties for fitness or non-infringement for merchantability and particular purpose. The Company does not guarantee that System access and Software execution will proceed without interruption or error. In addition, the System or Software might not be compatible with your hardware and Software.
The Company makes every effort to maintain the System but does not guarantee that the System is continuous. The System may shut down at any time during Services and may shut down due to System checks, new Software applications, emergencies, equipment, and network errors.
11. DISCLAIMER OF DAMAGES
Under no circumstances, shall the Company, its Affiliates, License Providers, and Suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages (including loss or loss of data) arising from You or any third party. The Company is not responsible for Accounts, Systems, Software, Services, Content in Services, user content, data, or EULA.
12. LIMITATION OF LIABILITY
Except as provided below, the Company will not reimburse the charges over 1 month from payment, that are relevant to the Account, Software, System, Services, Content in Services, user content, and EULA.
If the Company violates its obligation to provide access to and use your Account, System, Services, Content in Services, or user content, it may invoke the remedy. Rewards will be paid by the less amount of payment between during the period the access is unavailable or during the payment cost for 3 months.
The Company shall accept the highest level of legal liability according to the compliance law if the Restriction and Disclaimer of Liability are determined to be invalid or unworkable. The remedies in this Agreement supersede remedies that are oral or written, express or implied, and shall be applied exclusively.
You indemnify the Company, its affiliates, licensors, suppliers, their employees, contractors, officers, and directors from all kinds of claims, losses, damages, and files. You must pay compensation and lawyer fees for all kinds of damage specified above in the following cases relevant to; (i) use or misuse of the Software; (ii) access to the System; (iii) use of the Account (including non-principal users); (iv) use of the Services.
14. AMENDMENTS TO EULA
The Company posts the amended EULA through the notice in the Service, Website, or Platform. You must agree to the EULA to access the System or use the Services and your access to the System will be deemed to constitute an agreement of any amendment to EULA.
If you do not accept the EULA because of the modification of the main terms and conditions, you may terminate the EULA and suspend your Account following Article 4 of this Agreement.
15. GOVERNING LAW AND EXCLUSIVE FORUM
This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or the Application shall be governed and construed following the laws of the Republic of Korea without giving effect to the conflict of laws doctrine thereof. If you and the Company agree to settle any dispute, difference, or controversy by the alternative settlement such as arbitration, such agreement shall be applied.
A. Complete Agreement
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you whether formally rejected by the Provider or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
You agree to abide by applicable export control laws and agree not to transfer the Software or Services to a foreign national or national destination, which is prohibited by such laws, without first obtaining and then complying with any requisite government authorization. You certify that you are not a person with whom the Company is prohibited from transacting business under applicable law.
If any part of the EULA is held invalid or unenforceable, that shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA. And the remaining parts shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the System, Software, Account, and Service. Without limiting the generality of the foregoing, you may not download, use, or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void. The EULA, including the Rules of Conduct and the fees and payment terms as referenced therein, as each may be amended by the Company from time to time, sets forth the entire understanding and agreement between the Company and you concerning the hereof.
All notices to the Company required or permitted by the EULA shall be by electronic mail at firstname.lastname@example.org unless stated otherwise in the EULA.
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