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Moth EULA

This End User License Agreement ("EULA") is a legal document governing the relationship between you and the game developer.

Please read this EULA carefully before purchasing and installing the game software "moth", because the EULA explains your rights and obligations as the end user ("licensee" or "you").

1. General rules

1.1. Licensors are the publishers and distributors of certain video games, virtual items, software, manuals, and other digital content. Such video games, virtual items, software, etc. are called "game software" in this EULA, and the personal right to use the game software is called "license".
1.2. Legal ability, authorized to distribute game software and grant licenses to end users in accordance with the license agreement reached between the licensor and their respective game developers and copyright owners.
Accepting this EULA means that you have sufficient legal capacity to sign a legally binding contract in the country/region where your residence, residence and citizenship are located, and comply with applicable age restrictions. If you are considered a minor in your country/region, you must obtain the consent of your parents or legal guardian to use "moth" and accept this EULA. In any case, if you are under 13 years old, you must not accept this EULA, because "moth" does not apply to minors under 13 years of age, and "moth" will not intentionally remove from minors under 13 years of age. Collect personal data in.
1.3. By confirming to accept this EULA, you confirm that:
(I) You have read this agreement carefully, and
(Ii) Fully understand the terms and conditions contained herein, and
(Iii) You voluntarily and intend to enter into this agreement.
1.4. acceptance. By downloading, installing, opening, copying and/or using the game software by other means, you agree to be bound by the terms of this EULA.

2. Scope of the agreement

2.1. Grant permission. On the premise that you unconditionally accept and abide by this agreement, "moth" grants you a non-exclusive, non-transferable, non-sublicensable, revocable personal limited license, or use a copy of the applicable game software in a single game. Platforms for non-commercial purposes (for example, personal computers, game consoles or mobile devices).
2.2. Ownership "moth" corresponding game developers and copyright owners reserve all rights, ownership and interests in the game software not expressly granted to you in accordance with this EULA. The license in this EULA does not grant ownership or ownership of game software.
2.3. The licensor hereby informs you, and you acknowledge that the availability of game software and its functions may vary from country to country, and certain game software published by "moth" may not be available in your country/region.
2.4. Third party terms and conditions. Your purchase and use of game software may be subject to other terms and conditions of the end user license agreement between you and the digital store/market operated by a third party. In order to purchase, download, install and use game software, it may be necessary to accept these terms and conditions.
Compared with this EULA, the terms and conditions established by digital stores and marketplaces may include other restrictions and/or impose additional obligations on you.
2.5. Description of the game software. Before purchasing a license, you should carefully read the instructions of the game software, including the minimum technical requirements. You can send questions and inquiries about game software descriptions through support services or e-mail.

3. Game software delivery

3.1. Access game software. In compliance with the terms and conditions of digital stores and markets operated by third parties, "moth" grants you a license to use game software. Depending on the type of game software, you will be able to download and install game software on your device, activate and use certain functions and virtual items, or gain access to the game software in other ways. No matter when you actually download, install, use, exchange or otherwise start using the game software so that you can download or use the game software, you shall be deemed to have provided the game software appropriately.
3.2. Third-party services. You should bear any access or data costs incurred by third parties (such as your Internet service provider or mobile operator) related to downloading, accessing and using the game software.
3.3. Update. The game software may need to be updated from time to time, for example, bug fixes, enhancements and new versions. You may need to install an update to start or continue using the game software. You agree that such updates can be automatically downloaded and installed on your device without additional consent or notice. You also acknowledge that the update may affect the gameplay, graphics, performance, virtual items, characters and other functions of the game software. However, nothing in these terms shall be construed as an obligation or guarantee for the licensor to develop updates, patches or other modifications to the game software.

4. Restrictions

4.1. Limited license. You may not use the game software in any way or form that is not expressly permitted by this agreement. In particular, you must not:
(A) Copy, reproduce, distribute, modify, reverse engineer, decompile, create derivative works of game software or any part or element thereof, or attempt to do so;
(B) Remove any statement or label from the game software or any part or element. You must not reverse engineer the game software, or extract source code or data from the game software or attempt to do so;
(C) Use game software on computer game centers or any other location-based sites;
(D) Provide a copy of the game software to the network for multiple users to use or download;
(E) Fraud or use any unauthorized robots, spiders or other programs related to the online functions of the game software;
(F) Lease, sell, rent, offer to sell or otherwise attempt to transfer game software or any part or element thereof, including virtual items or virtual currency.
4.2. Non-transferable license. You may not sublicense, transfer or transfer the license of the game software to any third party.
4.3. Technical measures. The game software may be protected by technical measures designed to prevent or restrict actions related to game software not authorized by this EULA and terms and conditions established by game developers and copyright owners. You must not attempt, assist, authorize or encourage others to circumvent, disable or defeat any technical measures of the game software.
You acknowledge and agree that technical measures may conflict with third-party software (including software that simulates user activities) and cause such software to fail to operate normally. To avoid conflicts, you can uninstall the game software from the device.
4.4. Other restrictions. You may not represent or support third parties in countries/regions that support encryption or software export that are restricted by governments or international authorities to purchase or use game software licenses. You also declare and warrant that you are not located in any such prohibited country/region, and are not restricted by residents of that country/region.

5. Payment

5.1. Digital store. "moth" may distribute game software through digital stores or markets operated by third parties ("digital stores"). This agreement is only reached between you and "moth", not between any such digital store ("Digital Store").
5.2. Fees and prices. The cost and price of the game software license will be displayed in the digital store and may be changed at any time before purchase.
5.3. payment. All payment transactions are managed by Digital Stores rather than "Guardian Warcraft". "Guardian Warcraft" expressly disclaims any responsibility for any such transactions, and you agree that your sole remedy for all payments is from or through such Digital Stores.
5.4. No refunds. Unless expressly stated otherwise in the terms and conditions of Digital Stores, all payments and licenses are final, regardless of the method of payment, with no refund in whole or in part. However, digital stores may have various refund policies, and you can request refunds based on such policies.

6. User-generated content

6.1. User-generated content. The following terminology applies to your content available to "moth" or others (such as text, screenshots, playing videos, video streaming, etc.), and any other content created by you using content game software ("User Generated Content") .
6.2. license. In exchange for the use of game software, and to a certain extent, you have generated any intellectual property rights by using the user-generated content generated by the software. You hereby grant "moth" the exclusive, permanent, irrevocable, completely transferable and transferable The right to sublicense global rights and permissions to use user-generated content.
6.3. range. The license for user-generated content includes the right to the following content: "moth" in any known or unknown way to copy, adapt, modify, execute, display, publish, broadcast, transmit or otherwise disseminate to the public, and distribute user-generated Content without any further notice or compensation. No form of protection is provided for the entire period of protection granted to intellectual property by applicable laws.
6.4. limit. If the user-generated content involves any video, audio, graphics, text, games, characters, or other elements of the game software, you can use and share the user-generated content for personal entertainment only. It is prohibited to use such user-generated content for any other purpose (including any commercial purpose), for third-party games, services or any kind of independent products. If you have any questions about using user-generated content, please contact us.
6.5. Moral rights. To the maximum extent permitted by applicable laws, you waive the moral rights of parent-child relationship, publication, reputation or attribution related to user-generated content.
6.6. This part is valid in any termination of this EULA.

7. Representations and warranties

7.1. Licensor’s representations and warranties. The licensor declares and warrants that it has the legal ability to sign this EULA and grants you the right and license to use the game software.
7.2. There are no other representations and guarantees. To the maximum extent permitted by applicable laws, game software, "Guardian Warcraft" support services and their elements are provided "as is". "moth" does not provide any express, implied or statutory guarantees or guarantees, except as expressly stipulated in Section 7, including guarantees of merchantability, satisfactory quality, suitability for specific purposes, and non-infringement of third-party rights guarantees and guarantees. . Produced as a result of a transaction, use, or practice process. The licensor does not guarantee that the operation of the game software and its elements will be uninterrupted or free of errors, loopholes, hacks, interference or losses, and does not guarantee the comparability of the game software with any other software.
7.3. Personal requirements. The license and game software released by "moth" are not customized. "moth" does not guarantee the game software, "moth" support services and its elements will meet your personal requirements and expectations.
7.4. Support services. "moth" does not provide any guarantee. The support service can and will solve all problems, errors and problems, or answer certain questions related to the game software, or process your request within a certain time. Feedback on support services is advisory. It is your responsibility and choice to follow or refuse the advice provided by the support service, and you will bear full responsibility for any risks resulting from your choice and decision.

8. Scope of responsibility

8.1. Personal injury. The licensor is directly responsible for damages caused by health, body or life and intentional injuries caused by the licensor or in other cases in accordance with the mandatory rules of the applicable law.
8.2. Limitation of Liability. To the fullest extent permitted by applicable laws, the licensor, its branches, managers and employees shall be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses caused by or related to the following methods: irresponsible. The game software "moth" supports services and its elements. This limitation applies to any type of claim arising from or related to this agreement, whether it is a claim based on contract, tort, statute or other means.
8.3. Amount limit. In any case, but to the maximum extent permitted by applicable law, the licensor’s maximum liability for all damages, losses and causes of action (whether contract, tort or other forms) is your total amount caused by the licensor’s liability Within 90 days from the date of the accident or incident, payment was made for the game software.
8.4. Actions beyond the control of the licensor. The licensor, its affiliates, managers and employees shall not be responsible for any injury or loss caused by your actions, negligence or violation of the EULA and such actions of third parties or other actions beyond the control of the licensor.

9. Applicable law and dispute resolution

9.1. Governing law. Any disputes, claims or obligations (whether contractual or non-contractual) arising from or related to this agreement or its subject matter or form shall be governed by the laws of the Republic of Cyprus, regardless of its "law" principles.
9.2. Court settlement. Before starting the judicial process, you and the licensor should first try to resolve any disputes and claims out of court for at least thirty (30) days. The out-of-court settlement will begin after receiving a written notice from one of the parties. Such notice should include the full name and contact information of the complaining party, describe the nature and basis of the claim or dispute, and envisage specific compensation. The licensor may send notifications to your email address. You should send the notice to the registered office of the licensor.
9.3. location. Without prejudice to the applicable consumer protection laws, the parties to this agreement shall submit all disputes and claims arising from or related to this agreement or its subject matter or composition to the competent court in the place where the licensor’s headquarters is located. jurisdiction. Located in Limassol, Republic of Cyprus.
This clause shall not be interpreted as the content submitted by the license to the jurisdiction of the ODR platform and the commitment to use the ODR platform to resolve disputes and claims caused by this EULA. In each case, submitting a dispute or claim to the ODR platform must be expressly agreed by you and the licensor.
9.4. Legal rights. This section should not be interpreted as depriving you of the protection provided by the laws of the country/region of habitual residence that cannot be derogated from the agreement.

10. Notice of copyright infringement

10.1. Notice. We respect the intellectual property rights of third parties. If you believe that your copyrighted work is already in the game software or "Guardian Warcraft" website, you can notify us by sending a notice of alleged infringement to our registered email address.
10.2. Notification content. When submitting a notice of alleged copyright infringement, please provide the following information: (a) your first and last name, (b) mailing address, (c) email address, (d) copyright name, address and contact information you represent The owner of or indicates that you are acting on your own behalf, (e) the identification and description of the copyrighted work that is suspected of infringement, (f) the URL of an authorized copy of the work, or that the work is not (g) the allegedly infringing material Identification and nature of the infringement, (h) the URL of the allegedly infringing material, (i) the following statement: "Submit this notice and sign with my signature,

11. Term and termination

11.1. The duration of the EULA. This EULA remains valid until you or the licensor terminates this agreement in accordance with Article 11
. 11.2.2. Account deletion. You can unilaterally terminate the rights and licenses of this EULA, and you can uninstall the game software without any explanation.
11.3. License period. The license for the game software you purchased will be valid during the period shown at the time of purchase, or within the period for which "Guardian Warcraft" has the right to provide you with such game software. Under special circumstances, "moth" may stop providing access to the game software you previously purchased due to security issues or violation of applicable terms or laws. Where possible, you may be notified of any such deletion or suspension of information.
11.4. Terminated by "Guardian Warcraft". Under the following circumstances, "moth" can terminate this EULA, revoke the license granted by this agreement and restrict access to the game software: (a) You violated this EULA or any other binding terms and conditions, or (b ) You have violated the applicable laws of the following terms; (c) You have violated the rights or legitimate interests of other users or third parties; (d) Under other circumstances specified in this EULA, you shall comply with any other binding terms and conditions, Or applicable law.
After notifying you 30 days in advance, the licensor can also terminate this EULA without any explanation and compensation.
11.5. Terminated by the digital store. Please note that the use of game software purchased from digital stores may be subject to terms and conditions established by digital store owners and operators. Such terms and conditions may include other grounds for terminating the license. "Guardian Warcraft" is not a party to the terms and conditions established by Digital Stores, and therefore, it is not responsible for any policies, rules, actions or omissions of Digital Stores.

12. Other

12.1. The entire agreement. This EULA lists all the agreements between you and "moth" related to this topic, and supersedes and replaces any and all previous agreements and understandings between you and "moth". People who are not parties to this EULA have no right to rely on or enforce any part of the EULA.
12.2. task. Without our prior written consent, you may not assign or assign any rights or licenses granted to you under this agreement. "Guardian Warcraft" may transfer or transfer all or part of the rights or responsibilities in this EULA to any third party without your consent and without notifying you.
12.3. Severability. If any part of this EULA is declared illegal, invalid or unenforceable in accordance with any applicable local law or competent court, the provision shall be deleted; at the same time, the rest of this end user license agreement will remain valid and enforceable.
12.4. Consumer law. The terms and conditions of this EULA do not exclude, restrict or otherwise restrict consumer rights arising from the relevant provisions of the applicable consumer law, and no one shall interpret this way.
12.5. Amendment. "moth" may revise it by publishing a new version of this EULA on this EULA website. If you have accepted this EULA before publishing the revisions, these revisions will take effect on the 30th day after the publication date. By continuing to use the license or game software, you will be deemed to have accepted such modifications. In order to reject the revised version, you must stop using the license and game software, and terminate this EULA in accordance with the provisions of Section 11. The latest version of this EULA is available on our website at any time.

"I", "we" and "licensor" in this end user license agreement refer to: game developer, independent producer-"Gong Tinghua"


Date: March 3, 2021