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HypeSquad
End User License Agreement(EULA)
This End User License Agreement (hereinafter “Agreement”) is a legally binding contract between you and Netmarble Corporation (hereinafter “Netmarble,” “we,” or “us”). This Agreement governs your use of the HypeSquad Service and affiliated service (hereinafter the “Services”).
You should carefully read this Agreement before Using the Service. BY USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF THE LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR OTHERWISE USE SERIVCE.
1. Purpose
This Agreementsets out the basis on which we make the Service available to you and the terms and conditions under which you are licensed to install and use the Services.
2. Definition
The definitions of terms used in this Agreement are as follows.
2.1. "Services" means the HypeSquad Game service and affiliated services (including but not limited to community services through websites, communities and third party services).
2.2 "Service Program" means the executable program for running HypeSquad on your device, including but not limited to all related updates, patches and additional software.
2.3. "Account". It is required to use the Services and may be used to store your game progress. You may access the Service using an account on the platform on which the Service Program is distributed (meaning, but not limited to, a Electronic Softeware Distribution platform such as Steam),or through an account on a third-party services permitted by us. We may add, change or remove other service access account types in our sole discretion.
3. License
3.1. License Grant. Subject to your compliance with this Agreement, Netmarble grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license (the “License”) to:
(i) download, install, and use the Service Program for your personal, non-commercial use on a single personal computer owned or otherwise controlled by you (“Device”) and (ii) access, download, and use on such Device made accessible Services through Service Program, strictly in accordance with this Agreement
3.2. License Restrictions. You shall not:
(a) copy the Service Program, except as expressly permitted by this License;
(b) rent, lease, lend, sell, sublicense, assign, reproduce, distribute, provide, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any purpose;
(c) convert, reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service Program or any part thereof;
(d) modify, translate, adapt, or otherwise create derivative works based on or related to it;
(e) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service Program, including any copy thereof;
(f) use, offer, distribute, or otherwise make available through the Services any program or codes, including but not limited to hacks, mods, bots, cheats, or anything that alters the gameplay or other functionality of the Service Program, Services, or any part thereof;
(g) use, make, offer, distribute any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
3.3. Reservation of Rights. You acknowledge and agree that the Service Program is provided under license to you. You do not acquire any ownership interest in the Service Program under this Agreement, or any other rights thereto other than to use the Service Program in accordance with the License granted, and subject to all terms, conditions, and restrictions, under this Agreement. Netmarble reserves and shall retain its entire right, title, and interest in and to the Service Program, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
3.4 The trademarks, trade names, trade dress, logos, and service marks displayed in the Services or any third party platform, including but not limited to " "Netmarble.com," are the registered and/or unregistered trademarks of Netmarble. All other trademarks, service marks and logs used in the Services are the trademarks, service marks or logos of their respective owners
3.5 You may not copy, distribute, make available to the public through the Service, or create derivative works of any Content that belongs to other users of the Service or to others.
4. Updates
We may from time to time in our sole discretion develop and provide updates to the Service Program, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (i) the Service Program will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the Service Program or portions thereof may not properly operate should you fail to install all Updates. You further agree that all Updates will be deemed part of the Service Program and be subject to all terms and conditions of this Agreement.
5. Third-Party Materials
The Services may display, include, or make available third-party content or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Netmarble is not responsible for Third-Party Materials, including their accuracy, completeness, legality, quality, or any other aspect thereof. Netmarble does not assume and will not have any liability or responsibility for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
6. Privacy
You acknowledge that when you download, install, or use the Service Program, we may collect information about your Device and about your use of the Service Program and our Services. You also may be required to provide certain information about yourself when you download, install, or use the Service Program or Services. All information we collect through or in connection with the Service Program or Services is subject to our PRIVACY POLICY. By downloading, installing, using, and providing information to or through the Service Program, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.
7. Disclaimer of Warranties
THE SERVICE PROGRAM IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NETMARBLE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROGRAM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NETMARBLE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE PROGRAM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NETMARBLE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERIVCE PROGRAM OR THE SERVICES FOR: (A) LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify, defend, and hold harmless Netmarble, as well as its parent, subsidiaries, affiliates, and licensors, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Service Program or your breach of this Agreement.
10. Termination
10.1. This Agreement is effective until terminated by you or us.
10.2. You may terminate this Agreement by deleting the Service Program and all copies thereof from your device and notifying Company of the termination of the Agreement.
10.3. We may terminate or temporarily restrict or suspend your access to and use of the Services if you violate conditions of this Agreement. We also reserve the right to terminate or temporarily suspend the Services at any time, with or without notice and in our sole discretion.
10.4. Upon termination, (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Services and delete all copies of the Service Program from your Device.
10.5. Sections 6-13 of this Agreement survive the termination of this Agreement.
11. Amendment
We reserve the right to amend, at our discretion, any portion of this Agreement, which can be updated by us from time to time by posting the amended Agreement within our Services. Except as otherwise stated, such changes will be automatically effective 15 calendar days after posting. You agree to check the Agreement from time to time. You will be deemed to have accepted such changes by continuing to use the Services. If you do not wish to be governed by any updated version of the Agreement, your only remedy is to stop using the Services.
12. General
12.1. This Agreement, together with other terms that govern your use of Services, constitutes the entire agreement between you and Netmarble with respect to the subject matter herein and supersede any prior oral or written agreements. This Agreement may not be amended or modified unless made in writing and signed by Netmarble.
12.2. Netmarble’s failure to enforce any right under this Agreement shall not constitute a waiver of the right or any other right.
12.3. In the event of a conflict between this Agreement and any other applicable terms, the terms of this Agreement shall govern.
12.4. If any part of the Agreement is held to be unlawful, void or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of the Agreement shall remain valid and enforceable.
13. Jurisdiction and Governing Law
This Agreement, and any disputes or claims arising out of or in connection with it, will be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to any choice or conflict of law principles. Any dispute arising from or in connection with this Agreement shall be irrevocably submitted to the exclusive jurisdiction of the Seoul Central District Court, Seoul, Republic of Korea.
End User License Agreement(EULA)
This End User License Agreement (hereinafter “Agreement”) is a legally binding contract between you and Netmarble Corporation (hereinafter “Netmarble,” “we,” or “us”). This Agreement governs your use of the HypeSquad Service and affiliated service (hereinafter the “Services”).
You should carefully read this Agreement before Using the Service. BY USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF THE LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR OTHERWISE USE SERIVCE.
1. Purpose
This Agreementsets out the basis on which we make the Service available to you and the terms and conditions under which you are licensed to install and use the Services.
2. Definition
The definitions of terms used in this Agreement are as follows.
2.1. "Services" means the HypeSquad Game service and affiliated services (including but not limited to community services through websites, communities and third party services).
2.2 "Service Program" means the executable program for running HypeSquad on your device, including but not limited to all related updates, patches and additional software.
2.3. "Account". It is required to use the Services and may be used to store your game progress. You may access the Service using an account on the platform on which the Service Program is distributed (meaning, but not limited to, a Electronic Softeware Distribution platform such as Steam),or through an account on a third-party services permitted by us. We may add, change or remove other service access account types in our sole discretion.
3. License
3.1. License Grant. Subject to your compliance with this Agreement, Netmarble grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license (the “License”) to:
(i) download, install, and use the Service Program for your personal, non-commercial use on a single personal computer owned or otherwise controlled by you (“Device”) and (ii) access, download, and use on such Device made accessible Services through Service Program, strictly in accordance with this Agreement
3.2. License Restrictions. You shall not:
(a) copy the Service Program, except as expressly permitted by this License;
(b) rent, lease, lend, sell, sublicense, assign, reproduce, distribute, provide, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any purpose;
(c) convert, reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service Program or any part thereof;
(d) modify, translate, adapt, or otherwise create derivative works based on or related to it;
(e) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service Program, including any copy thereof;
(f) use, offer, distribute, or otherwise make available through the Services any program or codes, including but not limited to hacks, mods, bots, cheats, or anything that alters the gameplay or other functionality of the Service Program, Services, or any part thereof;
(g) use, make, offer, distribute any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
3.3. Reservation of Rights. You acknowledge and agree that the Service Program is provided under license to you. You do not acquire any ownership interest in the Service Program under this Agreement, or any other rights thereto other than to use the Service Program in accordance with the License granted, and subject to all terms, conditions, and restrictions, under this Agreement. Netmarble reserves and shall retain its entire right, title, and interest in and to the Service Program, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
3.4 The trademarks, trade names, trade dress, logos, and service marks displayed in the Services or any third party platform, including but not limited to " "Netmarble.com," are the registered and/or unregistered trademarks of Netmarble. All other trademarks, service marks and logs used in the Services are the trademarks, service marks or logos of their respective owners
3.5 You may not copy, distribute, make available to the public through the Service, or create derivative works of any Content that belongs to other users of the Service or to others.
4. Updates
We may from time to time in our sole discretion develop and provide updates to the Service Program, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (i) the Service Program will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the Service Program or portions thereof may not properly operate should you fail to install all Updates. You further agree that all Updates will be deemed part of the Service Program and be subject to all terms and conditions of this Agreement.
5. Third-Party Materials
The Services may display, include, or make available third-party content or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Netmarble is not responsible for Third-Party Materials, including their accuracy, completeness, legality, quality, or any other aspect thereof. Netmarble does not assume and will not have any liability or responsibility for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
6. Privacy
You acknowledge that when you download, install, or use the Service Program, we may collect information about your Device and about your use of the Service Program and our Services. You also may be required to provide certain information about yourself when you download, install, or use the Service Program or Services. All information we collect through or in connection with the Service Program or Services is subject to our PRIVACY POLICY. By downloading, installing, using, and providing information to or through the Service Program, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.
7. Disclaimer of Warranties
THE SERVICE PROGRAM IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NETMARBLE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROGRAM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NETMARBLE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE PROGRAM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NETMARBLE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERIVCE PROGRAM OR THE SERVICES FOR: (A) LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify, defend, and hold harmless Netmarble, as well as its parent, subsidiaries, affiliates, and licensors, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Service Program or your breach of this Agreement.
10. Termination
10.1. This Agreement is effective until terminated by you or us.
10.2. You may terminate this Agreement by deleting the Service Program and all copies thereof from your device and notifying Company of the termination of the Agreement.
10.3. We may terminate or temporarily restrict or suspend your access to and use of the Services if you violate conditions of this Agreement. We also reserve the right to terminate or temporarily suspend the Services at any time, with or without notice and in our sole discretion.
10.4. Upon termination, (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Services and delete all copies of the Service Program from your Device.
10.5. Sections 6-13 of this Agreement survive the termination of this Agreement.
11. Amendment
We reserve the right to amend, at our discretion, any portion of this Agreement, which can be updated by us from time to time by posting the amended Agreement within our Services. Except as otherwise stated, such changes will be automatically effective 15 calendar days after posting. You agree to check the Agreement from time to time. You will be deemed to have accepted such changes by continuing to use the Services. If you do not wish to be governed by any updated version of the Agreement, your only remedy is to stop using the Services.
12. General
12.1. This Agreement, together with other terms that govern your use of Services, constitutes the entire agreement between you and Netmarble with respect to the subject matter herein and supersede any prior oral or written agreements. This Agreement may not be amended or modified unless made in writing and signed by Netmarble.
12.2. Netmarble’s failure to enforce any right under this Agreement shall not constitute a waiver of the right or any other right.
12.3. In the event of a conflict between this Agreement and any other applicable terms, the terms of this Agreement shall govern.
12.4. If any part of the Agreement is held to be unlawful, void or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of the Agreement shall remain valid and enforceable.
13. Jurisdiction and Governing Law
This Agreement, and any disputes or claims arising out of or in connection with it, will be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to any choice or conflict of law principles. Any dispute arising from or in connection with this Agreement shall be irrevocably submitted to the exclusive jurisdiction of the Seoul Central District Court, Seoul, Republic of Korea.