| Language: |
END USER LICENSE AGREEMENT
This End User License Agreement (or "EULA") is a legal agreement between you (either in your individual capacity, or on behalf of an entity), hereafter sometimes referred to as "you," "Licensee," or "End User" and EVR STUDIO, Inc. in order to give you a license to use the Content as set forth in this Agreement under the conditions in this Agreement, as well as to use the additional (mandatory) services provided by EVR STUDIO, Inc.
By downloading, installing, accessing or using any of EVR STUDIO, Inc. Content(s)/Product(s), you acknowledge agreement with the terms of this EULA. If you do not wish to agree with terms, then do not download, install, access or use any of our Contents/Products. By downloading, installing, accessing or using the Content, you agree that you have read, understood and agreed to be bound by this EULA. For residents of some countries, you agree to the arbitration agreement and class action waiver described below to resolve any disputes. (e.g. further term Game for all our products).
1. Definitions
a. In the context of this EULA, the term “Content” refers to all Products created and operated by EVR STUDIO, Inc. including all updates and upgrades.
b. “User Account” refers the online account that is created for the purpose of registration and authorization.
c. “Consumer” refers to the Licensee, i.e. the person who has licensed the Content for personal use.
d. “Free Version” refers to the product provided by EVR STUDIO, Inc. to you at no charge.
e. This EULA can also be referred to as the “License”.
2. Ownership/Intellectual Property Rights
a. You, as Licensee, through your downloading, installing or use of this product do not acquire any ownership rights to the Content. The Content is protected by intellectual property laws and treaties. The rights to use the Content as set out in this Agreement are licensed, not sold, to you by EVR STUDIO, Inc.
b. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. This EULA does not authorize you to use EVR STUDIO, Inc. or its licensors' names or any of their respective trademarks.
c. As between you and EVR STUDIO, Inc., EVR STUDIO, Inc. is the owner of all right, title and interest in and to the Content (including all copyrights, trademarks and patents) regardless of the media or form of the Content; whether online, by disk or otherwise.
d. You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, EVR STUDIO, Inc. exclusive right and title to the Content or the validity thereof.
e. You shall not attempt to develop any Content that contains the "look and feel" of any of the Content, or is otherwise derivative of the Content.
3. License grant
a. Under the condition that:
i. You have legally acquired the rights to the Content,
ii. paid the applicable price and
iii. have registered and You hold valid User Account, EVR STUDIO, Inc. grants You a personal, limited, non-exclusive license to install and use the Content for your personal, non - commercial use solely as set forth in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Content or rights to use the Content. The term of your license shall commence on the date that you start to download, install or otherwise use the Content, and shall end on the earlier of the date that you dispose of the Content or EVR STUDIO, Inc. termination of this License. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Content.
b. You may download the Content from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Content available on a network where it could be used by multiple users at the same time. You may not make the Content available over a network where it could be downloaded by multiple users.
c. You acknowledge and agree that the Content may use information regarding your computer, hardware, media, software and your use of the Content to validate your license rights and to update the Content.
d. You agree that the Content may automatically download and install updates, upgrades and additional features that EVR STUDIO, Inc. deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation EVR STUDIO, Inc. may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.
4. Consent to Collection and Use of Data
a. During the process of registration and unlocking, updating or upgrading the Content and when technical support is provided, EVR STUDIO, Inc. may collect and use technical information for improvement of the Content or for support purposes.
b. By playing the Content, you give consent for EVR STUDIO, Inc. to collect and monitor Content data and statistics for the purpose of detecting the use of illegal third party applications, such as 'hacks', 'mods' and 'bots' (including digital documentation) from your use of the Content and aggregate such Data in order to record and prevent instances of cheating. In the event of a discrepancy in the data being found, further information will be reported to EVR STUDIO, Inc. including your account name, details of the data discrepancy, time and date. EVR STUDIO, Inc. may exercise any or all of its rights under this agreement, with or without prior notice to you.
c. EVR STUDIO, Inc. knows that information about our customers is an important part of our business. EVR STUDIO, Inc. would never sell Your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users' machines.
d. Personal information that You give EVR STUDIO, Inc. directly and information that EVR STUDIO, Inc. collects as specified in section b. of this article will be used for purposes such as improving our products and services, troubleshooting bugs and otherwise to improve your user experience.
5. Conduct Settings
a. Through the action of downloading and installing the products of EVR STUDIO, Inc. you acknowledge and agree that you will not to:
i. create a false identity for purposes of misleading others,
ii. violate the rights of others, defame, abuse, harass, threaten, spam or otherwise interfere with others' use of the Content,
iii. publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct,
iv. transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar material that may damage the device.
6. Limitation of Liability
a. The Contents are provided on an “as is “basis without any additional warranty, this means that EVR STUDIO, Inc. does not warrant that the Contents are free of errors.
b. The liability of EVR STUDIO, Inc. for damage claims – for whatever legal reason – is limited in accordance with the mentioned conditions up to US $50.00, unless otherwise provided by an explicit guarantee of EVR STUDIO, Inc. for damages caused by slight negligence, EVR STUDIO, Inc. is only liable insofar as they cause damage to contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations which must be fulfilled in order to ensure orderly implementation of the contract and in whose observance the Licensee should be able to trust. Insofar as EVR STUDIO, Inc. is responsible for simple negligence hereafter, the liability of EVR STUDIO, Inc. is limited to the typically foreseeable losses.
e. The above liability restrictions shall also apply to agents of EVR STUDIO, Inc.
f. You agree that provisions in this License that limit liability are essential terms of this License.
7. Indemnification
a. Licensee agrees to indemnify, defend and hold harmless EVR STUDIO, Inc. and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from
(a) your breach of any term of this EULA;
(b) your violation of any rights of any third party; or
(c) your use or misuse of the Content.
b. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
8. Third Party Content
a. The Content may utilize or include third party content, software or other copyrighted material ("Third Party Content"). Your use of such third-party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, of the third party. EVR STUDIO, Inc. expressly disclaims any all warranties in connection with the Third-Party Content, and shall have no liability in connection therewith.
b. Your use of the Content may allow you to connect with third party applications or websites ("Third Party Applications"). Your use of the Third-Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. EVR STUDIO, Inc. expressly disclaims and all warranties in connection with the Third-Party Applications, and shall have no liability in connection therewith.
c. EVR STUDIO, Inc. is not liable for costs arising out of services demanded by the Licensee that are not provided by EVR STUDIO, Inc. This shall in particular apply to costs of data transfer from or to the Licensee’s device to a third party.
9. License Limitations
a. EVR STUDIO, Inc. is the owner and licensee of all rights, titles and interests to the Content clients, service, Contents, accounts and all features and components thereof. The service or Contents may contain materials licensed by third parties to EVR STUDIO, Inc., and those third parties may enforce their ownership rights against you if you violate this agreement. The following, without limitation, are owned or licensed by EVR STUDIO, Inc.:
i. All virtual content appearing within the service or Contents, such as:
ii. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
iii. Narrations: Themes, concepts, stories, and storylines;
iv. Characters: The names, likenesses, inventories, and catch phrases of Content characters;
v. Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
vi. All data and communications generated by or occurring through the service or the Contents.
vii. All sounds, musical compositions and recordings, and sound effects originating in the service or Contents;
viii. All recordings, Content replays, etc.;
ix. Computer code, including but not limited to “Applets” and source code;
x. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the service or Contents;
xi. All Accounts. Note that EVR STUDIO, Inc. owns all Accounts, and that all use of an Account shall work to EVR STUDIO, Inc. benefit. EVR STUDIO, Inc. does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
xii. All Moral Rights that relate to the service or a Content, including Custom Contents, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
xiii. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the service or Contents, except as expressly set forth in this Agreement or otherwise by EVR STUDIO, Inc. in certain contest rules, EVR STUDIO, Inc. Fan Policies, or addendum to this Agreement.
b. You agree that you will not, in whole or in part or under any circumstances, do the following:
i. Create derivative works - You will not copy or reproduce the Content, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on or related to the products of EVR STUDIO, Inc.
ii. Cheat - You will not create, use, offer, advertise, make available, distribute methods of cheating - namely methods of influencing or facilitating Gameplay, including exploits of in-Game bugs, or other means of granting yourself or any other user and advantage over other players who are not using such methods.
iii. Use ‘bots’ - You will not create, use, offer, advertise, make available or distribute any software that allows automated control of the Contents, services, or any component or feature thereof.
iv. Use ‘hacks’ - You will not create, use, offer, advertise, make available or distribute any software that accesses or modifies the Content or Service in any manner unless specifically authorized by EVR STUDIO, Inc.
10. Termination of the License
a. The Licensee may terminate this EULA at any time by removing the Content from all their devices, together with all copies in any form. This EULA will also terminate automatically upon conditions set forth elsewhere in this EULA, or if the Licensee fails to comply with any term or condition of this EULA, without notice to the Licensee. Upon such termination, The Licensee agrees remove the Content from all their devices, together with all copies in any form.
b. EVR STUDIO, Inc. may terminate this EULA immediately when Licensee breaches terms and conditions of this EULA . EVR STUDIO, Inc. is justified immediately to inhibit the Licensee to use the Content.
c. The failure or delay of EVR STUDIO, Inc. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
d. This agreement constitutes the complete and exclusive agreement between EVR STUDIO, Inc. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
e. Notwithstanding any provisions in this Agreement to the contrary, we agree that if EVR STUDIO, Inc. makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.
12. Governing Law/Place of Performance and Jurisdiction/Dispute Resolution
a. Exclusively Republic of Korea law applies, with the exception of the its conflicts- of- law rules, even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
b. For all present and future claims from thiis Agreement, the exclusive jurisdiction is Seoul. The same jurisdiction applies if the Licensee has no general jurisdiction inside Republic of Korea, if he/she relocates his/her residence or habitual abode out of the country, or if his/her residence or habitual abode is not known at the time of institution of legal proceedings. Mandatory regulations of the Council Regulation (EC) on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters are unaffected hereby.
13. General
a. The Licensee can only offset claims of EVR STUDIO, Inc. with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee's claims against EVR STUDIO, Inc. is prohibited.
b. All rights not explicitly granted in this agreement are reserved.
c. The failure or delay of EVR STUDIO, Inc. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
d. This agreement constitutes the complete and exclusive agreement between EVR STUDIO, Inc. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
e. Notwithstanding any provisions in this Agreement to the contrary, we agree that if EVR STUDIO, Inc. makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.
14. Changes to the Agreement
a. EVR STUDIO, Inc. may modify this EULA from time to time, so please review it frequently. If you accept a version of this license before it has been modified, the revisions will become effective 30 days after being posted publicly. Your continued use of the application means that you accept the new terms. Once you accept a version of the license, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this license and you decline to do so, you may not be able to continue to use the application.
15. Health and Safety
a. Playing one of our Games may involve the risk of personal injury, discomfort or property damage. To ensure your safety please refer to the relevant safety manual of Oculus Rift and Samsung Gear VR.
b. Usage of the Game on any platform not supported officially by EVR STUDIO, Inc. is prohibited. By using Content you agree that you have necessary hardware, software and capability ( including a suitable connection to the Internet) required for the use of the Content. EVR STUDIO, Inc. accepts no responsibility or liability for any failure of your system to meet technical requirements of the Content.
This End User License Agreement (or "EULA") is a legal agreement between you (either in your individual capacity, or on behalf of an entity), hereafter sometimes referred to as "you," "Licensee," or "End User" and EVR STUDIO, Inc. in order to give you a license to use the Content as set forth in this Agreement under the conditions in this Agreement, as well as to use the additional (mandatory) services provided by EVR STUDIO, Inc.
By downloading, installing, accessing or using any of EVR STUDIO, Inc. Content(s)/Product(s), you acknowledge agreement with the terms of this EULA. If you do not wish to agree with terms, then do not download, install, access or use any of our Contents/Products. By downloading, installing, accessing or using the Content, you agree that you have read, understood and agreed to be bound by this EULA. For residents of some countries, you agree to the arbitration agreement and class action waiver described below to resolve any disputes. (e.g. further term Game for all our products).
1. Definitions
a. In the context of this EULA, the term “Content” refers to all Products created and operated by EVR STUDIO, Inc. including all updates and upgrades.
b. “User Account” refers the online account that is created for the purpose of registration and authorization.
c. “Consumer” refers to the Licensee, i.e. the person who has licensed the Content for personal use.
d. “Free Version” refers to the product provided by EVR STUDIO, Inc. to you at no charge.
e. This EULA can also be referred to as the “License”.
2. Ownership/Intellectual Property Rights
a. You, as Licensee, through your downloading, installing or use of this product do not acquire any ownership rights to the Content. The Content is protected by intellectual property laws and treaties. The rights to use the Content as set out in this Agreement are licensed, not sold, to you by EVR STUDIO, Inc.
b. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. This EULA does not authorize you to use EVR STUDIO, Inc. or its licensors' names or any of their respective trademarks.
c. As between you and EVR STUDIO, Inc., EVR STUDIO, Inc. is the owner of all right, title and interest in and to the Content (including all copyrights, trademarks and patents) regardless of the media or form of the Content; whether online, by disk or otherwise.
d. You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, EVR STUDIO, Inc. exclusive right and title to the Content or the validity thereof.
e. You shall not attempt to develop any Content that contains the "look and feel" of any of the Content, or is otherwise derivative of the Content.
3. License grant
a. Under the condition that:
i. You have legally acquired the rights to the Content,
ii. paid the applicable price and
iii. have registered and You hold valid User Account, EVR STUDIO, Inc. grants You a personal, limited, non-exclusive license to install and use the Content for your personal, non - commercial use solely as set forth in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Content or rights to use the Content. The term of your license shall commence on the date that you start to download, install or otherwise use the Content, and shall end on the earlier of the date that you dispose of the Content or EVR STUDIO, Inc. termination of this License. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Content.
b. You may download the Content from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Content available on a network where it could be used by multiple users at the same time. You may not make the Content available over a network where it could be downloaded by multiple users.
c. You acknowledge and agree that the Content may use information regarding your computer, hardware, media, software and your use of the Content to validate your license rights and to update the Content.
d. You agree that the Content may automatically download and install updates, upgrades and additional features that EVR STUDIO, Inc. deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation EVR STUDIO, Inc. may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.
4. Consent to Collection and Use of Data
a. During the process of registration and unlocking, updating or upgrading the Content and when technical support is provided, EVR STUDIO, Inc. may collect and use technical information for improvement of the Content or for support purposes.
b. By playing the Content, you give consent for EVR STUDIO, Inc. to collect and monitor Content data and statistics for the purpose of detecting the use of illegal third party applications, such as 'hacks', 'mods' and 'bots' (including digital documentation) from your use of the Content and aggregate such Data in order to record and prevent instances of cheating. In the event of a discrepancy in the data being found, further information will be reported to EVR STUDIO, Inc. including your account name, details of the data discrepancy, time and date. EVR STUDIO, Inc. may exercise any or all of its rights under this agreement, with or without prior notice to you.
c. EVR STUDIO, Inc. knows that information about our customers is an important part of our business. EVR STUDIO, Inc. would never sell Your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users' machines.
d. Personal information that You give EVR STUDIO, Inc. directly and information that EVR STUDIO, Inc. collects as specified in section b. of this article will be used for purposes such as improving our products and services, troubleshooting bugs and otherwise to improve your user experience.
5. Conduct Settings
a. Through the action of downloading and installing the products of EVR STUDIO, Inc. you acknowledge and agree that you will not to:
i. create a false identity for purposes of misleading others,
ii. violate the rights of others, defame, abuse, harass, threaten, spam or otherwise interfere with others' use of the Content,
iii. publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct,
iv. transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar material that may damage the device.
6. Limitation of Liability
a. The Contents are provided on an “as is “basis without any additional warranty, this means that EVR STUDIO, Inc. does not warrant that the Contents are free of errors.
b. The liability of EVR STUDIO, Inc. for damage claims – for whatever legal reason – is limited in accordance with the mentioned conditions up to US $50.00, unless otherwise provided by an explicit guarantee of EVR STUDIO, Inc. for damages caused by slight negligence, EVR STUDIO, Inc. is only liable insofar as they cause damage to contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations which must be fulfilled in order to ensure orderly implementation of the contract and in whose observance the Licensee should be able to trust. Insofar as EVR STUDIO, Inc. is responsible for simple negligence hereafter, the liability of EVR STUDIO, Inc. is limited to the typically foreseeable losses.
e. The above liability restrictions shall also apply to agents of EVR STUDIO, Inc.
f. You agree that provisions in this License that limit liability are essential terms of this License.
7. Indemnification
a. Licensee agrees to indemnify, defend and hold harmless EVR STUDIO, Inc. and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from
(a) your breach of any term of this EULA;
(b) your violation of any rights of any third party; or
(c) your use or misuse of the Content.
b. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
8. Third Party Content
a. The Content may utilize or include third party content, software or other copyrighted material ("Third Party Content"). Your use of such third-party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, of the third party. EVR STUDIO, Inc. expressly disclaims any all warranties in connection with the Third-Party Content, and shall have no liability in connection therewith.
b. Your use of the Content may allow you to connect with third party applications or websites ("Third Party Applications"). Your use of the Third-Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. EVR STUDIO, Inc. expressly disclaims and all warranties in connection with the Third-Party Applications, and shall have no liability in connection therewith.
c. EVR STUDIO, Inc. is not liable for costs arising out of services demanded by the Licensee that are not provided by EVR STUDIO, Inc. This shall in particular apply to costs of data transfer from or to the Licensee’s device to a third party.
9. License Limitations
a. EVR STUDIO, Inc. is the owner and licensee of all rights, titles and interests to the Content clients, service, Contents, accounts and all features and components thereof. The service or Contents may contain materials licensed by third parties to EVR STUDIO, Inc., and those third parties may enforce their ownership rights against you if you violate this agreement. The following, without limitation, are owned or licensed by EVR STUDIO, Inc.:
i. All virtual content appearing within the service or Contents, such as:
ii. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
iii. Narrations: Themes, concepts, stories, and storylines;
iv. Characters: The names, likenesses, inventories, and catch phrases of Content characters;
v. Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
vi. All data and communications generated by or occurring through the service or the Contents.
vii. All sounds, musical compositions and recordings, and sound effects originating in the service or Contents;
viii. All recordings, Content replays, etc.;
ix. Computer code, including but not limited to “Applets” and source code;
x. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the service or Contents;
xi. All Accounts. Note that EVR STUDIO, Inc. owns all Accounts, and that all use of an Account shall work to EVR STUDIO, Inc. benefit. EVR STUDIO, Inc. does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
xii. All Moral Rights that relate to the service or a Content, including Custom Contents, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
xiii. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the service or Contents, except as expressly set forth in this Agreement or otherwise by EVR STUDIO, Inc. in certain contest rules, EVR STUDIO, Inc. Fan Policies, or addendum to this Agreement.
b. You agree that you will not, in whole or in part or under any circumstances, do the following:
i. Create derivative works - You will not copy or reproduce the Content, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on or related to the products of EVR STUDIO, Inc.
ii. Cheat - You will not create, use, offer, advertise, make available, distribute methods of cheating - namely methods of influencing or facilitating Gameplay, including exploits of in-Game bugs, or other means of granting yourself or any other user and advantage over other players who are not using such methods.
iii. Use ‘bots’ - You will not create, use, offer, advertise, make available or distribute any software that allows automated control of the Contents, services, or any component or feature thereof.
iv. Use ‘hacks’ - You will not create, use, offer, advertise, make available or distribute any software that accesses or modifies the Content or Service in any manner unless specifically authorized by EVR STUDIO, Inc.
10. Termination of the License
a. The Licensee may terminate this EULA at any time by removing the Content from all their devices, together with all copies in any form. This EULA will also terminate automatically upon conditions set forth elsewhere in this EULA, or if the Licensee fails to comply with any term or condition of this EULA, without notice to the Licensee. Upon such termination, The Licensee agrees remove the Content from all their devices, together with all copies in any form.
b. EVR STUDIO, Inc. may terminate this EULA immediately when Licensee breaches terms and conditions of this EULA . EVR STUDIO, Inc. is justified immediately to inhibit the Licensee to use the Content.
c. The failure or delay of EVR STUDIO, Inc. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
d. This agreement constitutes the complete and exclusive agreement between EVR STUDIO, Inc. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
e. Notwithstanding any provisions in this Agreement to the contrary, we agree that if EVR STUDIO, Inc. makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.
12. Governing Law/Place of Performance and Jurisdiction/Dispute Resolution
a. Exclusively Republic of Korea law applies, with the exception of the its conflicts- of- law rules, even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
b. For all present and future claims from thiis Agreement, the exclusive jurisdiction is Seoul. The same jurisdiction applies if the Licensee has no general jurisdiction inside Republic of Korea, if he/she relocates his/her residence or habitual abode out of the country, or if his/her residence or habitual abode is not known at the time of institution of legal proceedings. Mandatory regulations of the Council Regulation (EC) on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters are unaffected hereby.
13. General
a. The Licensee can only offset claims of EVR STUDIO, Inc. with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee's claims against EVR STUDIO, Inc. is prohibited.
b. All rights not explicitly granted in this agreement are reserved.
c. The failure or delay of EVR STUDIO, Inc. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
d. This agreement constitutes the complete and exclusive agreement between EVR STUDIO, Inc. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
e. Notwithstanding any provisions in this Agreement to the contrary, we agree that if EVR STUDIO, Inc. makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.
14. Changes to the Agreement
a. EVR STUDIO, Inc. may modify this EULA from time to time, so please review it frequently. If you accept a version of this license before it has been modified, the revisions will become effective 30 days after being posted publicly. Your continued use of the application means that you accept the new terms. Once you accept a version of the license, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this license and you decline to do so, you may not be able to continue to use the application.
15. Health and Safety
a. Playing one of our Games may involve the risk of personal injury, discomfort or property damage. To ensure your safety please refer to the relevant safety manual of Oculus Rift and Samsung Gear VR.
b. Usage of the Game on any platform not supported officially by EVR STUDIO, Inc. is prohibited. By using Content you agree that you have necessary hardware, software and capability ( including a suitable connection to the Internet) required for the use of the Content. EVR STUDIO, Inc. accepts no responsibility or liability for any failure of your system to meet technical requirements of the Content.