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BY ACCEPTING THIS END USER LICENSE AGREEMENT (“EULA”), DOWNLOADING, INSTALLING OR USING THE GAME SOFTWARE, YOU ARE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THE EULA IN ITS ENTIRETY. IF YOU DO NOT AGREE TO THE EULA, DO NOT ACCESS OR USE OUR SERVICE.
1. LIMITED USE LICENSE
NTWO Studio Co., Ltd (“NTWO Studio”, "we," "us" or "our”) grants you a revocable, non-exclusive, non-transferable, limited use license to download, install and use one (1) copy of the game software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. The game software is licensed to you, not sold. This License does not give you any title or ownership in the game software, and should not be construed as a sale or transfer of any intellectual property or other rights to the game software.
2. OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the game software and any and all copies thereof are owned by NTWO Studio or its licensors. The game software is protected by copyright and other intellectual property laws and treaties All rights are reserved worldwide. The game software contains certain materials licensed by NTWO Studio from others, and NTWO Studio and NTWO Studio’s licensors may protect their rights in the event of any violation of this Agreement.
3. LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the game software, or any part of it, in a manner that is consistent with this License. You SHALL NOT: (a) License, sell, rent, copy, distribute, host, outsource, or otherwise commercially exploit the game software or make the game software available to any third party without the prior written consent of NTWO Studio (b) Reverse-engineer, decompile, disassemble, or modify the game software or create any derivative work of the game software or documentation.
4. RIGHT TO MODIFY AGREEMENT
We may modify this Agreement at any time, with or without notice by posting the modified Agreement. Should you continue to use the Services after such modification shall be deemed to be your acceptance of any such modification to the agreement. You may not modify this Agreement without the prior written authorization of NTWO Studio It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified. if you do not agree to any modification of this agreement you must immediately cease use of the game software and uninstall it from your computer or other interactive device or platform.
5. TERMINATION
We reserve the right to terminate your right to access and use the game software and its services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us
6. GAME SOFTWARE UPDATES AND PATCHES
NTWO Studio reserves the right to modify, suspend or discontinue, temporarily or permanently, the game software or any service to which it connects, with or without notice and without liability to you.
NTWO Studio may provide updates, patches and other modifications to the game software that must be installed for the user to continue to play the game properly or even start the game software. NTWO Studio may update, patch or modify the game software remotely and access the game software within on your machine for such purpose, and you hereby grant to NTWO Studio the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “game software” shall also include all such patches, updates, bug fixes, enhanced features and modifications. By using the game software, you agree to such automatic updating.
We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use services that we believe present a health and safety risk or violate our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.
7. USER SUBMISSIONS AND USER-CREATED CONTENT
The game software allows to you to create content, including but limited to gameplay, game stages, text, images, music, sounds, virtual reality environments or features, software and other information and materials (collectively, “user created content”). Unless otherwise agreed to, we do not claim any ownership rights to your user created content. By submitting user created content through the game software and its services, you grant NTWO Studio a non-exclusive, royalty-free, worldwide, irrevocable, perpetual (lasting forever), transferable, and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform and distribute such user created content in connection with the Services. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User created content.
You are solely responsible for the user created content you make available through the game software and its services and you represent and warrant that (a) you either are the sole and exclusive rights owner of all user created content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to NTWO Studio the rights specified in this section; (b) the provision of your user created content, and our subsequent use of such User created content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (c) your User created content does not violate our community standards.
We do not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. We have no responsibility or liability for user created content made available through the game and its services, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User created content at any time and for any reason. You acknowledge that user ideas and user created content are provided by you on a completely voluntary basis. Should you not wish to have your User Ideas or User created content incorporated into any game or website functions, you may choose not to share them with NTWO Studio’s Service
8. INDEMNITY
You shall indemnify, defend and hold NTWO Studio, its directors, officers, employees, agents, contractors and partners, harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, that arise from your, or any third party’s, use of the Game or third party services or products. You cannot settle any claim without NTWO Studio’s advance written consent unless such claim releases NTWO Studio unconditionally. NTWO Studio reserves the right to, at its expense, assume control of the claim and, following, section 6 shall cease to apply to you.
9. DISCLAIMER AND LIMITATION OF LIABILITY
The Game and third party services and products are provided to you “as is” and NTWO Studio disclaims any and all warranties and conditions, express, implied or statutory including, without limitation, merchantability, fitness for a particular purpose and noninfringement of third party rights. NTWO Studio makes no warranty or representation that access to, or operation of, the Game software and third party services and products will not be uninterrupted, error free or will not harm your computer or mobile device or cause data loss.
You shall bear all risks associated with the Game and third party services and products including, but not limited to, risks associated with using the Game such as personal or bodily injury (including death or disability) or property damage. As with all virtual reality games, please follow the instructions provided with your virtual reality headset and be sure to play the Game in a safe environment away from people and property that you could come in contact with while wearing the headset.
NTWO Studio, its directors, officers, agents, partners and licensors shall not be liable to you for any loss or damage of any kind arising out of or relating to the Game or third party services or products including, without limitation, consequential, incidental or special damages. This limitation applies to any cause of action or claims in the aggregate, whether in an equitable, legal or common law action and including, without limitation, breach of contract, warrant or indemnity, negligence, strict liability and other torts. Notwithstanding the foregoing, nothing in the EULA shall limit NTWO Studio’s liability in a manner not permitted by applicable law
10. GOVERNING LAW, JURISDICTION AND COSTS
This Agreement shall be governed by and construed in accordance with the laws of Republic of Korea. Jurisdiction of Korean courts (a) The Seoul Central District Court has exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.
1. LIMITED USE LICENSE
NTWO Studio Co., Ltd (“NTWO Studio”, "we," "us" or "our”) grants you a revocable, non-exclusive, non-transferable, limited use license to download, install and use one (1) copy of the game software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. The game software is licensed to you, not sold. This License does not give you any title or ownership in the game software, and should not be construed as a sale or transfer of any intellectual property or other rights to the game software.
2. OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the game software and any and all copies thereof are owned by NTWO Studio or its licensors. The game software is protected by copyright and other intellectual property laws and treaties All rights are reserved worldwide. The game software contains certain materials licensed by NTWO Studio from others, and NTWO Studio and NTWO Studio’s licensors may protect their rights in the event of any violation of this Agreement.
3. LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the game software, or any part of it, in a manner that is consistent with this License. You SHALL NOT: (a) License, sell, rent, copy, distribute, host, outsource, or otherwise commercially exploit the game software or make the game software available to any third party without the prior written consent of NTWO Studio (b) Reverse-engineer, decompile, disassemble, or modify the game software or create any derivative work of the game software or documentation.
4. RIGHT TO MODIFY AGREEMENT
We may modify this Agreement at any time, with or without notice by posting the modified Agreement. Should you continue to use the Services after such modification shall be deemed to be your acceptance of any such modification to the agreement. You may not modify this Agreement without the prior written authorization of NTWO Studio It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified. if you do not agree to any modification of this agreement you must immediately cease use of the game software and uninstall it from your computer or other interactive device or platform.
5. TERMINATION
We reserve the right to terminate your right to access and use the game software and its services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us
6. GAME SOFTWARE UPDATES AND PATCHES
NTWO Studio reserves the right to modify, suspend or discontinue, temporarily or permanently, the game software or any service to which it connects, with or without notice and without liability to you.
NTWO Studio may provide updates, patches and other modifications to the game software that must be installed for the user to continue to play the game properly or even start the game software. NTWO Studio may update, patch or modify the game software remotely and access the game software within on your machine for such purpose, and you hereby grant to NTWO Studio the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “game software” shall also include all such patches, updates, bug fixes, enhanced features and modifications. By using the game software, you agree to such automatic updating.
We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use services that we believe present a health and safety risk or violate our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.
7. USER SUBMISSIONS AND USER-CREATED CONTENT
The game software allows to you to create content, including but limited to gameplay, game stages, text, images, music, sounds, virtual reality environments or features, software and other information and materials (collectively, “user created content”). Unless otherwise agreed to, we do not claim any ownership rights to your user created content. By submitting user created content through the game software and its services, you grant NTWO Studio a non-exclusive, royalty-free, worldwide, irrevocable, perpetual (lasting forever), transferable, and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform and distribute such user created content in connection with the Services. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User created content.
You are solely responsible for the user created content you make available through the game software and its services and you represent and warrant that (a) you either are the sole and exclusive rights owner of all user created content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to NTWO Studio the rights specified in this section; (b) the provision of your user created content, and our subsequent use of such User created content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (c) your User created content does not violate our community standards.
We do not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. We have no responsibility or liability for user created content made available through the game and its services, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User created content at any time and for any reason. You acknowledge that user ideas and user created content are provided by you on a completely voluntary basis. Should you not wish to have your User Ideas or User created content incorporated into any game or website functions, you may choose not to share them with NTWO Studio’s Service
8. INDEMNITY
You shall indemnify, defend and hold NTWO Studio, its directors, officers, employees, agents, contractors and partners, harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, that arise from your, or any third party’s, use of the Game or third party services or products. You cannot settle any claim without NTWO Studio’s advance written consent unless such claim releases NTWO Studio unconditionally. NTWO Studio reserves the right to, at its expense, assume control of the claim and, following, section 6 shall cease to apply to you.
9. DISCLAIMER AND LIMITATION OF LIABILITY
The Game and third party services and products are provided to you “as is” and NTWO Studio disclaims any and all warranties and conditions, express, implied or statutory including, without limitation, merchantability, fitness for a particular purpose and noninfringement of third party rights. NTWO Studio makes no warranty or representation that access to, or operation of, the Game software and third party services and products will not be uninterrupted, error free or will not harm your computer or mobile device or cause data loss.
You shall bear all risks associated with the Game and third party services and products including, but not limited to, risks associated with using the Game such as personal or bodily injury (including death or disability) or property damage. As with all virtual reality games, please follow the instructions provided with your virtual reality headset and be sure to play the Game in a safe environment away from people and property that you could come in contact with while wearing the headset.
NTWO Studio, its directors, officers, agents, partners and licensors shall not be liable to you for any loss or damage of any kind arising out of or relating to the Game or third party services or products including, without limitation, consequential, incidental or special damages. This limitation applies to any cause of action or claims in the aggregate, whether in an equitable, legal or common law action and including, without limitation, breach of contract, warrant or indemnity, negligence, strict liability and other torts. Notwithstanding the foregoing, nothing in the EULA shall limit NTWO Studio’s liability in a manner not permitted by applicable law
10. GOVERNING LAW, JURISDICTION AND COSTS
This Agreement shall be governed by and construed in accordance with the laws of Republic of Korea. Jurisdiction of Korean courts (a) The Seoul Central District Court has exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.