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『SAMURAI CHALLENGE』
End User License Agreement
This End User License Agreement ("Agreement") is an agreement between you and Xeen Co.,Ltd ("Xeen"). Please read this Agreement carefully before installing "SAMURAI CHALLENGE (the "Software”). Please be advised that any help, guidelines, notices, and other statements regarding the Software other than this Agreement shall also constitute a part of this Agreement.
1． Application of the Agreement
1.1 "You" is a general term for the user(s) of the Software.
1.2 The Software, as defined in this Agreement, includes the video game Software itself, all its components (such as source code) and content (such as graphic and musical content).
1.3 Your installation or use of the Software constitutes understanding and consent by User to this Agreement. If User does not agree to this Agreement, the User shall not install nor use the Software.
1.4 If you are a minor (under the statutory adult age in User’s country), parent or guardian of you (parental authority or other legal representative) shall consent to this Agreement.
2． License Agreement and Ownership
2.1 Xeen grants you a non-exclusive right (license) to download, install, and use the Software for your personal and non-commercial play. The Software is licensed to you by Xeen, not sold to you.
2.2 The Software may be installed on only one (1) computer owned by the you. If you wish to install the Software on another computer owned by the you, you shall completely delete the Software installed on the previous computer.
2.3 All copyrights, rights of publicity and other intellectual property rights, proprietary rights and other property rights, and publicity right and other personal rights arising from the text, images, programs, and all other information comprising the Software are the property of Xeen or duly authorized third parties, and these rights are duly protected by domestic and and international laws, copyright treaties and covenants, or other relevant laws.
2.4 All rights not granted to you under this Agreement are reserved to Xeen or to duly authorized third parties.
2.5 Xeen may, at its sole discretion, formulate, develop, or modify specifications, rules, design, audiovisual expressions, effects, parameters, scenarios, and any other items of the Software, and you agree to such changes in advance.
2.6 Xeen shall reserve the right to provide patches, updates, or other modifications to the Software, or to unilaterally deploy the Software, in order to remove or correct bugs, defects, or other problems, to prevent misuse of the Software or violations of this Agreement, or to improve game play (such as providing additional content).
2.7 In case Xeen determines that you have committed an act that violates or may violate this Agreement when Xeen adds online functions to the Software in the future, Xeen may reserves the right to take appropriate measures against you such as temporary suspension or blocking the use of this Software.
3． Fees and Expenses
You shall bear the cost of purchasing, installing, or maintaining device required for use of the Software, and telecommunication costs, and any other costs for using an Internet service provider.
4． Changes to Agreements and Software
4.1 Xeen reserves the right to modify this Agreement at any time without prior notice to you if Xeen deems it necessary.
4.2 Xeen may change, modify, add, or cease providing the Software, in whole or in part, at any time in its sole discretion, including but not limited to, improving or optimizing the Software.
4.3 Your continued use of the Software after any change in paragraph 1 or 2 above shall be deemed to constitute acceptance of such change by the you. If you do not agree to such changes, you may not use the Software, and you shall immediately cease installation and use of the Software.
5． Restrictions and Precautions for Use
5.1 You shall use Software with following precautions to ensure enjoyment use of this Software in a safe and healthy manner.
(1) You shall ware VR goggles to play Software. You shall make sure that there is enough space for you to play safely and that there are no obstacles or dangerous objects around you before wearing the goggles since the wearing of VR goggles loses actual view vision.
(2) You shall pay close attention to the people and environment around you when playing the Software and shall not use the Software in areas that may cause injury or accidents. If the environment is not safe to play in, you shall stop playing immediately.
(3) If you feel unwell or sick including but not limited to, nausea, dizziness, blurred vision, or motion sickness-like symptoms while playing the Software, shall stop using Software immediately and refrain from driving a vehicle, operating machinery, performing exercise with use of eye or body movements, or engage in any activity requiring normal balance until you have fully recovered.
(4) Since health conditions vary from person to person, if you feel unwell or sick upon usage of this Software, you need to take regular breaks with water intake, and always play with full consideration for health condition, including mental health. If You have any concerns about his/her health condition, you shall consult a medical doctor.
(5) If you are a minor (under the statutory adult age in your country), you shall have a parent or guardian (parental authority or other legal representative) or other responsible adult check your health and safety conditions before playing the Software.
5.2 You is solely responsible for your actions while playing the Software. You shall understand that Xeen are not responsible for any injury or damage, whether civil or criminal, to you or others caused by your actions while playing the Software.
6． Prohibitions
The following actions are prohibited in this Software
(1) Actions that violate or may violate the Constitution, treaties, laws, ordinances, or other regulations, public order and morals, or this Agreement.
(2) Usage of the Software for commercial purposes (including e-sports and similar events) without prior permission by Xeen or except as specifically permitted in this Agreement.
(3) Copying the Software apart from making copies necessary to run the Software on your gaming device.
(4) Granting a secondary license to a third party.
(5) Editing, copying, merging, distributing, translating, reverse engineering, decompiling, or disassembling the Software, except as specifically permitted in this Agreement, with prior consent of Xeen, or as otherwise permitted by mandatory applicable laws and regulations.
(6) Cheating, deliberate exploitation of bugs or malfunctions, or other illegal activities, and use of any program data that enables such illegal activities. Distributing, including making Software transmittable, to a third party or encouraging them to do such illegal activities.
(7) Sell, rent, lease, or otherwise distribution of the Software.
(8) Circumventing or removing measures to prevent misuse of the Software.
(9) Misusing the Software in a manner contrary to applicable laws including moral and ethical rules.
(10) Transferring or leasing the rights granted with respect to the Software to any third party.
(11) Infringement on the copyrights, publicity rights or other intellectual property rights, portrait rights or other personal rights, proprietary rights or other property rights of the Xeen or any third party.
(12) Any other acts that Xeen deems inappropriate.
7． Cancellation of the Agreement
7.1 Xeen reserves the right to terminate the Agreement between Xeen and you for use of the Software without notice if you materially breach this Agreement. In this case, you shall lose all rights granted by this Agreement, including the right to use the Software, and Xeen shall have no additional obligations to the Customer arising from this Agreement.
7.2 Upon termination of the Agreement pursuant to the preceding paragraph, you shall destroy all component of the Software and all copies thereof in accordance with our instructions or delete them from the storage media.
7.3 Notwithstanding the preceding paragraph, you may terminate this Agreement at any time by destroying or deleting from the storage media all components of the Software and all copies thereof.
8． Export Controls
You shall not export the Software, in whole or in part, directly or indirectly, without obtaining the necessary permission from the Government of Japan or other government(s) of the applicable country.
9． Disclaimer of Warranty and Disclaimer of Liability
9.1 You shall use the Software at your own risk and discretion. Xeen shall not warrant the accuracy, completeness, preciseness, adequacy, applicability, usefulness, or availability of the Software those are as expected by you. Xeen also shall not warrant the suitability of the Software for your intended use and the devise on which you will use the Software, including devise presented within the Software as recommended devises or recommended environments.
9.2 Xeen shall not warrant the followings that the Software may be accessed or used in any environment, that the Software will be uninterrupted and error-free, that any defects in the Software, if any, will be corrected, or that the Software does not contain computer viruses or other Software defects. No warranty is made that the product is free of harmful elements. Moreover, Xeen shall not be liable to you for any damages arising from unauthorized access to the Software, computer virus infiltration, or any other damages caused by the actions of a third party.
9.3 Xeen makes no warranty of any kind with respect to any goods or services other than the Software provided by third parties in connection with the use of the Software.
9.4 Xeen shall not be liable to you for any direct or indirect loss, damage or other consequences to you or any third-party incidental or related to your use of the Software.
9.5 Xeen shall not be obligated to respond to all inquiries, opinions or other suggestions for improvement, or feedback from you regarding the Software, and shall implement such responses at its own discretion. Xeen may respond to inquiries, opinions, suggestions, feedback, from yours, but such actions by Xeen shall not be construed as an obligation to provide individual responses, reports, monetary compensation, etc. to such Users.
9.6 Xeen have no obligation to repair bugs or other problems with the Software or to improve or enhance the Software.
10. Liability
Xeen shall provide the right to use the Software to the you on an "As Is" basis. Therefore, Xeen make no warranty that it is free from bugs or other defects, and to the fullest extent permitted by applicable law, Xeen shall have no civil or criminal liability whatsoever.
11. Severability
11.1 To the fullest extent permitted by applicable law, the provisions of this Agreement shall be construed to the maximum extent stated herein.
11.2 If any provision of this Agreement, or portion thereof, is held invalid or unenforceable by law, the remainder of this Agreement shall continue to be valid and enforceable.
12. Governing Law and Dispute Resolution
12.1 This Agreement, including its formation, validity, interpretation and enforcement, shall be governed in all matters by the laws of Japan.
12.2 The Osaka District Court shall have exclusive jurisdiction in the first instance over any and all lawsuits or other disputes relating to this Agreement or the Software.
13. Technical Support
Inquiries from you to Xeen regarding this Software should be addressed to the following e-mail address.
support_samuraich@xeen.co.jp
End User License Agreement
This End User License Agreement ("Agreement") is an agreement between you and Xeen Co.,Ltd ("Xeen"). Please read this Agreement carefully before installing "SAMURAI CHALLENGE (the "Software”). Please be advised that any help, guidelines, notices, and other statements regarding the Software other than this Agreement shall also constitute a part of this Agreement.
1． Application of the Agreement
1.1 "You" is a general term for the user(s) of the Software.
1.2 The Software, as defined in this Agreement, includes the video game Software itself, all its components (such as source code) and content (such as graphic and musical content).
1.3 Your installation or use of the Software constitutes understanding and consent by User to this Agreement. If User does not agree to this Agreement, the User shall not install nor use the Software.
1.4 If you are a minor (under the statutory adult age in User’s country), parent or guardian of you (parental authority or other legal representative) shall consent to this Agreement.
2． License Agreement and Ownership
2.1 Xeen grants you a non-exclusive right (license) to download, install, and use the Software for your personal and non-commercial play. The Software is licensed to you by Xeen, not sold to you.
2.2 The Software may be installed on only one (1) computer owned by the you. If you wish to install the Software on another computer owned by the you, you shall completely delete the Software installed on the previous computer.
2.3 All copyrights, rights of publicity and other intellectual property rights, proprietary rights and other property rights, and publicity right and other personal rights arising from the text, images, programs, and all other information comprising the Software are the property of Xeen or duly authorized third parties, and these rights are duly protected by domestic and and international laws, copyright treaties and covenants, or other relevant laws.
2.4 All rights not granted to you under this Agreement are reserved to Xeen or to duly authorized third parties.
2.5 Xeen may, at its sole discretion, formulate, develop, or modify specifications, rules, design, audiovisual expressions, effects, parameters, scenarios, and any other items of the Software, and you agree to such changes in advance.
2.6 Xeen shall reserve the right to provide patches, updates, or other modifications to the Software, or to unilaterally deploy the Software, in order to remove or correct bugs, defects, or other problems, to prevent misuse of the Software or violations of this Agreement, or to improve game play (such as providing additional content).
2.7 In case Xeen determines that you have committed an act that violates or may violate this Agreement when Xeen adds online functions to the Software in the future, Xeen may reserves the right to take appropriate measures against you such as temporary suspension or blocking the use of this Software.
3． Fees and Expenses
You shall bear the cost of purchasing, installing, or maintaining device required for use of the Software, and telecommunication costs, and any other costs for using an Internet service provider.
4． Changes to Agreements and Software
4.1 Xeen reserves the right to modify this Agreement at any time without prior notice to you if Xeen deems it necessary.
4.2 Xeen may change, modify, add, or cease providing the Software, in whole or in part, at any time in its sole discretion, including but not limited to, improving or optimizing the Software.
4.3 Your continued use of the Software after any change in paragraph 1 or 2 above shall be deemed to constitute acceptance of such change by the you. If you do not agree to such changes, you may not use the Software, and you shall immediately cease installation and use of the Software.
5． Restrictions and Precautions for Use
5.1 You shall use Software with following precautions to ensure enjoyment use of this Software in a safe and healthy manner.
(1) You shall ware VR goggles to play Software. You shall make sure that there is enough space for you to play safely and that there are no obstacles or dangerous objects around you before wearing the goggles since the wearing of VR goggles loses actual view vision.
(2) You shall pay close attention to the people and environment around you when playing the Software and shall not use the Software in areas that may cause injury or accidents. If the environment is not safe to play in, you shall stop playing immediately.
(3) If you feel unwell or sick including but not limited to, nausea, dizziness, blurred vision, or motion sickness-like symptoms while playing the Software, shall stop using Software immediately and refrain from driving a vehicle, operating machinery, performing exercise with use of eye or body movements, or engage in any activity requiring normal balance until you have fully recovered.
(4) Since health conditions vary from person to person, if you feel unwell or sick upon usage of this Software, you need to take regular breaks with water intake, and always play with full consideration for health condition, including mental health. If You have any concerns about his/her health condition, you shall consult a medical doctor.
(5) If you are a minor (under the statutory adult age in your country), you shall have a parent or guardian (parental authority or other legal representative) or other responsible adult check your health and safety conditions before playing the Software.
5.2 You is solely responsible for your actions while playing the Software. You shall understand that Xeen are not responsible for any injury or damage, whether civil or criminal, to you or others caused by your actions while playing the Software.
6． Prohibitions
The following actions are prohibited in this Software
(1) Actions that violate or may violate the Constitution, treaties, laws, ordinances, or other regulations, public order and morals, or this Agreement.
(2) Usage of the Software for commercial purposes (including e-sports and similar events) without prior permission by Xeen or except as specifically permitted in this Agreement.
(3) Copying the Software apart from making copies necessary to run the Software on your gaming device.
(4) Granting a secondary license to a third party.
(5) Editing, copying, merging, distributing, translating, reverse engineering, decompiling, or disassembling the Software, except as specifically permitted in this Agreement, with prior consent of Xeen, or as otherwise permitted by mandatory applicable laws and regulations.
(6) Cheating, deliberate exploitation of bugs or malfunctions, or other illegal activities, and use of any program data that enables such illegal activities. Distributing, including making Software transmittable, to a third party or encouraging them to do such illegal activities.
(7) Sell, rent, lease, or otherwise distribution of the Software.
(8) Circumventing or removing measures to prevent misuse of the Software.
(9) Misusing the Software in a manner contrary to applicable laws including moral and ethical rules.
(10) Transferring or leasing the rights granted with respect to the Software to any third party.
(11) Infringement on the copyrights, publicity rights or other intellectual property rights, portrait rights or other personal rights, proprietary rights or other property rights of the Xeen or any third party.
(12) Any other acts that Xeen deems inappropriate.
7． Cancellation of the Agreement
7.1 Xeen reserves the right to terminate the Agreement between Xeen and you for use of the Software without notice if you materially breach this Agreement. In this case, you shall lose all rights granted by this Agreement, including the right to use the Software, and Xeen shall have no additional obligations to the Customer arising from this Agreement.
7.2 Upon termination of the Agreement pursuant to the preceding paragraph, you shall destroy all component of the Software and all copies thereof in accordance with our instructions or delete them from the storage media.
7.3 Notwithstanding the preceding paragraph, you may terminate this Agreement at any time by destroying or deleting from the storage media all components of the Software and all copies thereof.
8． Export Controls
You shall not export the Software, in whole or in part, directly or indirectly, without obtaining the necessary permission from the Government of Japan or other government(s) of the applicable country.
9． Disclaimer of Warranty and Disclaimer of Liability
9.1 You shall use the Software at your own risk and discretion. Xeen shall not warrant the accuracy, completeness, preciseness, adequacy, applicability, usefulness, or availability of the Software those are as expected by you. Xeen also shall not warrant the suitability of the Software for your intended use and the devise on which you will use the Software, including devise presented within the Software as recommended devises or recommended environments.
9.2 Xeen shall not warrant the followings that the Software may be accessed or used in any environment, that the Software will be uninterrupted and error-free, that any defects in the Software, if any, will be corrected, or that the Software does not contain computer viruses or other Software defects. No warranty is made that the product is free of harmful elements. Moreover, Xeen shall not be liable to you for any damages arising from unauthorized access to the Software, computer virus infiltration, or any other damages caused by the actions of a third party.
9.3 Xeen makes no warranty of any kind with respect to any goods or services other than the Software provided by third parties in connection with the use of the Software.
9.4 Xeen shall not be liable to you for any direct or indirect loss, damage or other consequences to you or any third-party incidental or related to your use of the Software.
9.5 Xeen shall not be obligated to respond to all inquiries, opinions or other suggestions for improvement, or feedback from you regarding the Software, and shall implement such responses at its own discretion. Xeen may respond to inquiries, opinions, suggestions, feedback, from yours, but such actions by Xeen shall not be construed as an obligation to provide individual responses, reports, monetary compensation, etc. to such Users.
9.6 Xeen have no obligation to repair bugs or other problems with the Software or to improve or enhance the Software.
10. Liability
Xeen shall provide the right to use the Software to the you on an "As Is" basis. Therefore, Xeen make no warranty that it is free from bugs or other defects, and to the fullest extent permitted by applicable law, Xeen shall have no civil or criminal liability whatsoever.
11. Severability
11.1 To the fullest extent permitted by applicable law, the provisions of this Agreement shall be construed to the maximum extent stated herein.
11.2 If any provision of this Agreement, or portion thereof, is held invalid or unenforceable by law, the remainder of this Agreement shall continue to be valid and enforceable.
12. Governing Law and Dispute Resolution
12.1 This Agreement, including its formation, validity, interpretation and enforcement, shall be governed in all matters by the laws of Japan.
12.2 The Osaka District Court shall have exclusive jurisdiction in the first instance over any and all lawsuits or other disputes relating to this Agreement or the Software.
13. Technical Support
Inquiries from you to Xeen regarding this Software should be addressed to the following e-mail address.
support_samuraich@xeen.co.jp