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This End User License Agreement ("Agreement" or "EULA") is a legally binding agreement between NEOWIZ ("Licensor"), a corporation organized under the laws of the Republic of Korea, with its principal place of business in Seongnam, Gyeonggi-do, Republic of Korea, and you, the end user ("Licensee"), governing your access to and use of the games and related services ("Services") provided by Licensor. The Services are accessed through Licensor's client system ("System") via software applications ("Software"). By installing, accessing, or using the Services or Software, Licensee agrees to be bound by the terms of this EULA.
This Agreement governs (i) the use of the Software, (ii) the utilization of the Services, and (iii) access to the System. Licensor reserves the right to amend this Agreement, in whole or in part, at its sole discretion. Notice of any such amendments will be provided through the Services, on Licensor's official website, or via the digital distribution platform(s) ("Platform") through which the Services are made available (e.g., PlayStation Store, Steam). Licensee is responsible for periodically reviewing this Agreement for modifications. Continued access to the System and use of the Services following notification of any changes constitutes acceptance of the revised Agreement.
By accessing or using the Services, Licensee represents and warrants that Licensee has read, understood, and agrees to be legally bound by all terms and conditions of this EULA. If Licensee does not agree with these terms, Licensee must discontinue use of the Services. Continued use of the Services constitutes acceptance of this Agreement.
1. CONDITIONS PRECEDENT TO UTILIZATION OF SERVICES
As a condition precedent to utilizing the Services, Licensee may be required to download or install the Software and, in some instances, create an account or game data within the Services. Licensee shall comply with all terms and conditions of this EULA.
2. ACCOUNT PROVISIONS (If Applicable)
The provisions in this section only apply to Services that require a user account ("Account").
In the event of any conflict, inconsistency, or ambiguity between the Account policies outlined herein and those policies stipulated by the Platform, the Platform's policies shall prevail.
Only an individual who has reached the age of majority under applicable law, or a minor who has obtained the valid consent and active supervision of a duly authorized legal guardian or representative, may establish an Account. Licensee shall maintain the confidentiality of Account credentials and shall not share them with any third party, nor permit any individual other than the Licensee (or a minor for whom a legal guardian or representative has established an Account) to access or utilize the Account. Joint use or shared access to an Account by multiple users is expressly prohibited.
The Account shall be established and utilized solely for personal, non-commercial purposes. Access to the System and utilization of the Services is granted exclusively for personal use and enjoyment, and shall not be employed for any commercial activities or for pecuniary gain. Licensee is strictly prohibited from establishing Accounts, accessing the System, or utilizing the Services on behalf of any legal entity or business enterprise. Access to the System or utilization of the Services for any commercial purpose or to derive a commercial benefit is expressly forbidden.
Account Closure / Account Transfer Restrictions:
Licensee is prohibited from transferring the Account, in whole or in part, to any third party. Should Licensee desire to terminate the Account, Licensee shall comply with the provisions of Article 4 of this Agreement.
All liability and responsibility arising from the transfer of or attempts to transfer Account rights to any person who is not the registered Account holder shall reside exclusively with the parties involved in such transaction, and Licensor shall bear no responsibility or liability. Licensor shall not be held legally responsible for any acts, claims, liabilities, debts, obligations, non-performance, omissions, or any other liability whatsoever arising from or related to any transaction between the parties. Furthermore, Licensor reserves the right to take any actions deemed appropriate, including suspension or termination of the Account, in accordance with Licensor's policies, should any unauthorized or inappropriate activity be detected.
3. FEES AND PAYMENT TERMS
Utilization of the Services, absent the acquisition of additional content, typically does not require additional payment. However, access to certain optional content may necessitate payment of download fees or subscription fees. Information regarding all applicable fees and costs, including content purchases, will be readily accessible to Licensee during the initial purchase process. Itemized information concerning special items within the Services will be provided to Licensee prior to purchase. Licensee may review payment costs and payment details through the Platform or the payment processor's official documentation. Licensor reserves the right to amend the aforementioned costs and payment terms at any time at its sole discretion.
Licensee may purchase Service-related content in accordance with the policies and procedures established by each Platform. Licensee shall be exclusively responsible for all payments related to purchases, content usage, and any applicable refunds, all of which shall be subject to the policies of the respective Platform. No refunds will be provided except as expressly set forth in this Agreement or as mandated by applicable law. Licensee may access additional content by remitting the applicable fee, and certain additional subscription content may be provided for a limited duration. Should Licensee fail to remit payment or elect to discontinue payment, access to such additional content may be immediately restricted or terminated.
Licensee agrees to be bound by the then-current costs and payment conditions as amended from time to time. Continued use of the Services constitutes acceptance of such amendments. If Licensee does not agree with any changes to the costs and payment conditions, Licensee may cease payment and terminate the utilization of related contents. Licensee shall be solely responsible for all fees and expenses associated with the payment of the aforementioned costs, including, without limitation, all applicable taxes, hardware and software costs, internet connection charges, and subscription fees.
4. TERMINATION; SUSPENSION
A. Termination of Services by Licensor
Licensor does not guarantee uninterrupted access to the System or Services. Licensor reserves the right, at its sole discretion, to discontinue any aspect of the Services at any time, with or without cause. Licensor may terminate this EULA and revoke all rights granted hereunder. Licensor shall provide notice of any such termination of the Services at least thirty (30) calendar days prior to the effective date of termination by means of one or more of the following methods: (i) a notice displayed upon use of the System; (ii) a conspicuous posting on the Licensor's official website; (iii) electronic mail to the address associated with the Account; or (iv) other reasonable and commercially acceptable methods of notification as determined by Licensor in its sole discretion.
B. Breach or Misconduct by Licensee
(1) Restriction of Access to Services
Licensor may restrict access to the System for any user without prior notice to the extent such restriction is not prohibited by applicable law. Restriction may be imposed under, but not limited to, the following circumstances: (i) Licensee breaches this EULA (including any associated rules and guidelines); or (ii) Licensee accesses the System or Services by any method not expressly authorized by Licensor.
(2) Termination of EULA
Licensor may terminate this EULA and revoke all rights granted hereunder. Termination of this EULA may occur under, but not limited to, the following circumstances: (i) Licensor determines that it is unable to verify or authenticate Licensee's information; (ii) Licensee violates this EULA or utilizes the System or Software without authorization; or (iii) Licensee’s use of the Services, chat functions, or other actions are deemed inappropriate, aggressive, or in violation of the rules of use. Termination of this EULA shall be effective upon delivery of notice to Licensee by electronic mail or other reasonable means.
Licensee is not guaranteed any right to a refund upon termination under the EULA, unless otherwise mandated by applicable law.
C. Termination by Licensee
(1) Termination by Licensee
Licensee may terminate this EULA by providing written notice to Licensor via electronic mail. Licensee acknowledges that no refund of any fees or payments shall be guaranteed upon such termination, except where such a refund is required by applicable law.
(2) Amendment of EULA
Licensee has the right to reject any revised version of this EULA. Licensee shall exercise due diligence in carefully reviewing any amendments to this EULA. If Licensee does not agree to the revised EULA, Licensee may terminate this Agreement. However, if Licensee fails to provide written notice of rejection of the revised EULA prior to the effective date thereof, Licensee shall be deemed to have irrevocably accepted the revised EULA. Furthermore, by affirmatively clicking the "Agree" button or otherwise accessing the System or Services subsequent to the effective date of any amendment, Licensee shall be conclusively presumed to have accepted the amended EULA and shall be deemed to have waived any right to terminate this Agreement as provided in this Clause.
D. Consequences of Termination
Upon termination of this EULA, all rights granted to Licensee hereunder shall immediately cease. Following termination, Licensee shall no longer be permitted to utilize the Software and shall be barred from accessing the System or Services.
Restrictions resulting from the licensee's negligence will apply equally to other accounts utilizing the same credentials, including but not limited to name, telephone number, email address, IP address, and credit card number.
5. CONDUCT
A. Prohibited Conduct
Licensee is responsible for maintaining lawful and ethical conduct to ensure continued access to the System and Services. Licensor prohibits any conduct that may adversely affect the user experience of the Services, without limiting Licensor's authority to control the Services and the scope of permissible user behavior.
The following actions are specifically prohibited:
(1) Imposing an undue or disproportionate burden on the System without legitimate justification;
(2) Modifying or altering the Services' operation or content through unauthorized software applications;
(3) Acquiring scores, virtual currency, items, capabilities, ranks, or positions through unauthorized means, including the use of software applications, macros, or automated keystrokes. Manipulating the user interface or Service data to obtain items, objects, capabilities, or advantages by abnormal methods is also strictly prohibited;
(4) Creating or distributing programs that circumvent System logins or providing unauthorized access to the System or Services through software or information obtained via data mining of the System;
(5) Posting in any chat window or public forum any material that may give rise to civil liability, including harassment, violence, intimidation, defamation, obscene content, and infringement of intellectual property rights;
(6) Transferring or receiving characters, virtual currency, or items that have been obtained, created, or duplicated through unauthorized methods.
B. Restrictions on Sale of Items and Objects
Licensee is prohibited from transmitting, selling, auctioning, or purchasing any Content within the Services for commercial gain, or from offering any transaction to any third party for commercial purposes. Trading of characters, character capabilities, items, virtual currency, and objects is strictly forbidden. Licensee shall not encourage or induce any third party to participate in any transaction or utilize, transfer, or distribute any Services asset for use in any gambling activity operated by a third party. Licensee is prohibited from purchasing or selling (or attempting to purchase or sell) any character, character capability, item, virtual currency, or object through any online auction, newsgroup, bulletin board, or similar platform. Such conduct constitutes a material violation of this EULA and an infringement of Licensor's proprietary rights.
6. DATA COLLECTION AND MONITORING
Licensor reserves the right to collect and process gameplay data, including level progression, item acquisition, and session duration, as well as hardware and software configuration data pertaining to the Licensee's access device(s), including device specifications and operating system information. In the event of a system failure or error, Licensor may collect crash report data for diagnostic and remedial purposes. Where applicable and to the extent permitted by law, Licensor may collect online account data, including email addresses, usernames, and usage activity logs, associated with the Licensee's account.
Licensor reserves the right to aggregate anonymized and/or pseudonymized data with data collected from other users of the Services and may share such aggregated data with affiliated entities and third-party partners for analytical and business purposes. Licensor shall retain collected data for the duration necessary to fulfill the purposes outlined herein or as required by applicable laws and regulations, including data retention requirements. Licensee may have the right to exercise certain opt-out options regarding specific data collection practices, as detailed in the Licensor's Privacy Policy.
By utilizing the Services, Licensee consents to the data collection, processing, and utilization practices as described in this Section and Licensor's Privacy Policy, which is incorporated herein by reference.
Furthermore, Licensor reserves the right to implement hardware monitoring mechanisms to ensure that Licensee is utilizing authorized Software in connection with accessing the Services and/or System. Licensor may also employ technological measures to verify Licensee's compliance with the provisions of Article 5 of this Agreement, including the detection and identification of unauthorized software applications developed by Licensee or any third party for circumvention or modification of the Services or System.
7. PHOTOSENSITIVITY WARNING
Exposure to certain light patterns or flashing lights may trigger seizures in individuals with photosensitive epilepsy. Users should exercise caution when utilizing the Services, as seizures may occur even in the absence of prior medical history of such conditions. Licensee is advised to consult a medical professional before using the Services if they have a history of seizures or photosensitivity.
8. LICENSE
A. Software License Grant
Subject to the terms and conditions of this EULA, Licensor grants Licensee a limited, non-exclusive, non-transferable, revocable license to use the Software and accompanying documentation.
B. License to Access the System for Gameplay
Licensor grants to Licensees who comply with the terms of this EULA a limited, non-exclusive, non-transferable, revocable license to access and utilize the System for gameplay and to access user-generated content (as defined below). An active Account permits Licensee to download and exchange content and user-generated content within the Services, subject to the limitations and restrictions imposed by the System. All such usage shall be in accordance with this EULA and solely for the purpose of utilizing the Services.
C. License Restrictions
All rights not expressly granted herein are reserved by Licensor. No licenses, permits, access rights, or entitlements are implied.
Any information obtained through the System may be used solely for the purpose of utilizing the Services. Licensee is prohibited from uploading, downloading, or utilizing information accessible or obtained from the System except as expressly permitted by this EULA.
Licensee is prohibited from copying (except as expressly permitted herein), distributing, leasing, modifying, adapting, translating, using, displaying, or creating derivative works based on the Software or any accompanying documentation. Licensee may not transfer the Software except as expressly provided in this EULA.
Licensee is prohibited from copying, distributing, lending, renting, leasing, modifying, or producing derivative works of, nor may Licensee adapt, translate, execute, publish, transfer, or reuse any information accessible through the System, including Service content, user-generated content, items, objects, or characters registered within the Service. Licensee may modify the contents of the Services and user-generated content within the Services only to the extent expressly permitted by the System.
Extraction of the source code from the Software or System information (including data packets transmitted over the network) is strictly prohibited. The following actions are strictly prohibited, regardless of encryption status: disassembling, decompiling, reverse engineering, analyzing, or decrypting packet stream-encoded data packets, including any attempt thereof or authorizing, enabling, or otherwise permitting any third party to engage in such activities. Licensee explicitly waives any and all legal rights to engage in such conduct. Licensee shall not bypass or deactivate any license management technology incorporated into the Software and/or System.
D. Software Updates
Licensor may, from time to time, update or modify the Software. Licensee consents to Licensor collecting and utilizing the following data: (i) hardware System profile data; (ii) file directory information collected during Services and System access; and (iii) information pertaining to hardware and Services usage.
E. New Software Releases
Licensee is under no obligation to utilize any new Software, expansion packs, updates, upgrades, or additional content offered by Licensor. However, Licensor may, at its sole discretion, distribute such content. Licensor may update, upgrade, and improve the Software without prior consultation with Licensee. Licensor may require Licensee to install updated Software as a condition of continued use of the Services. Licensor shall provide Licensee with information regarding new Software releases and provide a reasonable timeframe for Licensee to download and install such Software. Licensee must install and execute the new Software within the designated timeframe in order to access the System or utilize the Services. Licensor shall not be liable for any failure by Licensee to install the Software within the specified timeframe, and no refund of previously paid charges shall be guaranteed.
9. PROPRIETARY RIGHTS
A. Ownership of Software, System, and Services
As between Licensee and Licensor, Licensor shall retain exclusive ownership of the Software, System, Services, and the Content in the Services (as defined below). All Software, System, Services, and Content in the Services are protected by copyright, trademark, and other applicable proprietary laws. Licensor expressly reserves all rights not expressly granted herein.
The Services comprise software code, programs, routines, subroutines, objects, files, data, characters (including items associated with Accounts and characters, virtual currency, objects, and capabilities), graphics, sound effects, music, animation, video, text, content, layout, design, and other information accessible and downloadable via the System ("Content in Services"). Licensor, its affiliates, copyright holders, and/or suppliers retain all right, title, and interest in and to the Software, System, Services, and the Content in Services, including all applicable intellectual property rights. No right is transferred to Licensee except for the limited license expressly granted herein.
B. Rights in Certain Content
Licensee acknowledges and agrees that it has no ownership interest in any content as a result of use of the services. Licensor retains all right, title, and interest in and to all corporations, activities, groups, titles, and characters, as well as all objects, virtual currency, and items acquired thereby, including all associated copyrights and intellectual property rights. Such rights are expressly reserved by Licensor under this Agreement.
Licensor may utilize information regarding characters registered to Licensee's Account, provided that such use does not infringe upon Licensee's privacy rights (e.g., charts, lists, and other derivative works, excluding personal information).
Licensee hereby assigns to Licensor all copyright, ownership, and other rights in and to any information exchanged, transferred, or uploaded during Licensee's use of the System or Services, including all files, data, and information. Licensor may transfer data and information relating to items acquired, produced, or traded by any corporation, group, title, character, or character registered to the Account. To the extent that such rights cannot be assigned, Licensee grants to Licensor an exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sublicense through multiple tiers, to exercise all intellectual property and other rights in such information. The foregoing shall apply to all subsequent content developments. This provision does not apply to user content (as defined below).
C. User Content
The System may provide chat channels, bulletin boards, and other communication spaces for users to exchange information ("User Content").
All User Content transmitted through the System shall not: (i) violate any applicable laws, statutes, regulations, or rules; (ii) infringe upon any third party's intellectual property rights, ownership rights, privacy rights, or rights of publicity; (iii) contain offensive, obscene, or pornographic content, child pornography, or content that is harmful to minors; or (iv) contain any viruses, Trojan horses, disabling code, worms, time bombs, clear GIFs, cancelbots, or other programs or routines designed to damage, surveil, block, or permit unauthorized access to data, information, packets, or personal information.
If User Content violates this EULA or may expose other users, Licensor or suppliers to liability, Licensor may take any action it deems appropriate in its sole discretion. In addition, Licensor may take appropriate measures if the interests or rights of other users, Licensor, or suppliers, internet providers, or Services users are deemed to be damaged, or if the reputation of Licensor is harmed.
Licensee grants to Licensor a worldwide, sublicenseable, exclusive, perpetual, unrestricted, irrevocable, royalty-free license to exercise all intellectual property and other rights in User Content. The foregoing license shall apply to all subsequent content developed.
Any infringement of Licensor's proprietary rights constitutes a material breach of this EULA, and Licensor may terminate Licensee's access to the Services. In addition, Licensor may take any other action it deems appropriate under the circumstances. The foregoing remedies are in addition to, and not in lieu of, any other legal remedies or rights available to Licensor, and shall survive termination of this EULA.
10. NO WARRANTIES
The Software, System, Services, Content in Services, and all related data are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. Licensee assumes all risks associated with access to and use of the System and Services.
Licensor disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Licensor does not warrant that access to the System or execution of the Software will be uninterrupted or error-free. Furthermore, Licensor does not warrant that the System or Software will be compatible with Licensee's hardware or software configuration.
Licensor shall use commercially reasonable efforts to maintain the System, but does not guarantee continuous availability. The System may be unavailable from time to time due to system maintenance, new software releases, emergencies, equipment malfunctions, or network outages.
11. DISCLAIMER OF DAMAGES
Under no circumstances shall Licensor, its affiliates, copyright holders, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages (including damages for loss of profits, loss of data, or business interruption) arising out of or in connection with Licensee's use of the System, Software, Services, Content in Services, or User Content, or arising out of or in connection with this EULA. This disclaimer applies regardless of whether such damages are based on breach of contract, tort (including negligence), strict liability, or any other legal theory.
12. LIMITATION OF LIABILITY
Except as otherwise provided herein, Licensor's liability for any damages arising out of or in connection with this EULA, the Software, the System, the Services, the Content in Services, or the User Content shall be limited to the amount of charges demonstrably paid by Licensee to Licensor during the one (1) month period immediately preceding the date on which the cause of action arose.
If Licensor breaches its obligation to provide access to and use of Licensee's System, Services, Content in Services, or User Content, Licensee's sole and exclusive remedy shall be limited to a refund of the lesser of (i) the charges demonstrably paid by Licensee during the period that access was unavailable, or (ii) the charges demonstrably paid by Licensee for the three (3) months immediately preceding the date on which access became unavailable.
To the extent that any limitation or disclaimer of liability set forth in this EULA is deemed invalid or unenforceable under applicable law, Licensor's liability shall be limited to the maximum extent permitted by such law. The remedies set forth in this Agreement are exclusive and supersede all other remedies, whether oral or written, express or implied.
13. INDEMNIFICATION
Licensee shall indemnify, defend, and hold harmless Licensor, its affiliates, copyright holders, suppliers, and their respective employees, contractors, officers, and directors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) Licensee's use or misuse of the Software; (ii) Licensee's access to the System; or (iii) Licensee's use of the Services.
14. AMENDMENTS TO EULA
This EULA, any limited warranty accompanying the Services (if any), and Licensor's privacy policy, as each may be amended or modified from time to time, constitute the entire agreement and understanding between Licensee and Licensor with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, relating to such subject matter. Licensor may amend this EULA at any time by posting the amended EULA on the Service, on Licensor's website, or on the Platform. Licensee's continued access to the System or use of the Services following the posting of any amended EULA shall be deemed to constitute Licensee's acceptance of such amendments. If Licensee objects to any amendment to this EULA that materially alters the terms and conditions hereof, Licensee may terminate this EULA in accordance with Article 4 of this Agreement.
15. GOVERNING LAW AND FORUM SELECTION
This Agreement and all disputes, controversies, or claims arising out of or relating in any way to this Agreement, the Software, the System, or the Services shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of laws principles. Licensor and Licensee agree to submit to the exclusive jurisdiction of the courts located in Seoul, Republic of Korea for the resolution of any such disputes, controversies, or claims. Any agreement between Licensor and Licensee to resolve any dispute, difference, or controversy through alternative dispute resolution mechanisms, such as arbitration or mediation, shall be specifically enforceable.
A. Entire Agreement; Severability; Exclusion of CISG
This Agreement constitutes the entire agreement and understanding between Licensor and Licensee with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Any term or condition contained in any purchase order or other written instrument submitted by Licensee that is inconsistent with or adds to the terms and conditions of this Agreement shall be of no force or effect and shall not be binding on Licensor, irrespective of Licensor's acceptance of any such purchase order. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it valid, legal, and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, and its application is hereby expressly excluded.
B. Export Compliance
Licensee acknowledges and agrees to comply with all applicable export control laws and regulations. Licensee shall not export or re-export the Software or Services, directly or indirectly, to any country or person in violation of such laws and regulations. Licensee represents and warrants that it is not a person with whom Licensor is prohibited from transacting business under any applicable law. Licensee shall obtain and comply with all required governmental authorizations prior to exporting or re-exporting the Software or Services.
16. MISCELLANEOUS PROVISIONS
If any provision of this EULA is deemed invalid or unenforceable, such provision shall be interpreted in accordance with applicable law to reflect the original intent of the parties as closely as possible. The remaining provisions shall remain in full force and effect. If reformation of the invalid provision is not feasible, it shall be severed from this EULA, and the remaining provisions shall continue in full effect.
No failure or delay by Licensor in exercising any right or remedy under this EULA shall constitute a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
Licensee shall adhere to all applicable laws and regulations governing access to and use of the System, Software, and Services. Without limiting the general applicability of the foregoing, Licensee shall not download, use, export, or re-export any part of the information accessible through the System or Software except in full compliance with all applicable laws and regulations.
Licensee acknowledges that any translation of the English language version of this EULA is provided for informational purposes only. In the event of any conflict between a non-English version and the English version of this EULA, the English version shall prevail.
Except as expressly provided herein, Licensee may not assign or transfer this EULA or any rights or obligations hereunder. Any attempt to do so shall be null and void. This EULA, including any referenced Rules of Conduct and the fees and payment terms as may be amended by Licensor from time to time, constitutes the entire agreement and understanding between Licensor and Licensee concerning the subject matter hereof.
All notices required or permitted under this EULA shall be delivered to Licensor by electronic mail at support@neowiz.com, unless otherwise specified within this EULA.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND IT, AND UNEQUIVOCALLY AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.
This Agreement governs (i) the use of the Software, (ii) the utilization of the Services, and (iii) access to the System. Licensor reserves the right to amend this Agreement, in whole or in part, at its sole discretion. Notice of any such amendments will be provided through the Services, on Licensor's official website, or via the digital distribution platform(s) ("Platform") through which the Services are made available (e.g., PlayStation Store, Steam). Licensee is responsible for periodically reviewing this Agreement for modifications. Continued access to the System and use of the Services following notification of any changes constitutes acceptance of the revised Agreement.
By accessing or using the Services, Licensee represents and warrants that Licensee has read, understood, and agrees to be legally bound by all terms and conditions of this EULA. If Licensee does not agree with these terms, Licensee must discontinue use of the Services. Continued use of the Services constitutes acceptance of this Agreement.
1. CONDITIONS PRECEDENT TO UTILIZATION OF SERVICES
As a condition precedent to utilizing the Services, Licensee may be required to download or install the Software and, in some instances, create an account or game data within the Services. Licensee shall comply with all terms and conditions of this EULA.
2. ACCOUNT PROVISIONS (If Applicable)
The provisions in this section only apply to Services that require a user account ("Account").
In the event of any conflict, inconsistency, or ambiguity between the Account policies outlined herein and those policies stipulated by the Platform, the Platform's policies shall prevail.
Only an individual who has reached the age of majority under applicable law, or a minor who has obtained the valid consent and active supervision of a duly authorized legal guardian or representative, may establish an Account. Licensee shall maintain the confidentiality of Account credentials and shall not share them with any third party, nor permit any individual other than the Licensee (or a minor for whom a legal guardian or representative has established an Account) to access or utilize the Account. Joint use or shared access to an Account by multiple users is expressly prohibited.
The Account shall be established and utilized solely for personal, non-commercial purposes. Access to the System and utilization of the Services is granted exclusively for personal use and enjoyment, and shall not be employed for any commercial activities or for pecuniary gain. Licensee is strictly prohibited from establishing Accounts, accessing the System, or utilizing the Services on behalf of any legal entity or business enterprise. Access to the System or utilization of the Services for any commercial purpose or to derive a commercial benefit is expressly forbidden.
Account Closure / Account Transfer Restrictions:
Licensee is prohibited from transferring the Account, in whole or in part, to any third party. Should Licensee desire to terminate the Account, Licensee shall comply with the provisions of Article 4 of this Agreement.
All liability and responsibility arising from the transfer of or attempts to transfer Account rights to any person who is not the registered Account holder shall reside exclusively with the parties involved in such transaction, and Licensor shall bear no responsibility or liability. Licensor shall not be held legally responsible for any acts, claims, liabilities, debts, obligations, non-performance, omissions, or any other liability whatsoever arising from or related to any transaction between the parties. Furthermore, Licensor reserves the right to take any actions deemed appropriate, including suspension or termination of the Account, in accordance with Licensor's policies, should any unauthorized or inappropriate activity be detected.
3. FEES AND PAYMENT TERMS
Utilization of the Services, absent the acquisition of additional content, typically does not require additional payment. However, access to certain optional content may necessitate payment of download fees or subscription fees. Information regarding all applicable fees and costs, including content purchases, will be readily accessible to Licensee during the initial purchase process. Itemized information concerning special items within the Services will be provided to Licensee prior to purchase. Licensee may review payment costs and payment details through the Platform or the payment processor's official documentation. Licensor reserves the right to amend the aforementioned costs and payment terms at any time at its sole discretion.
Licensee may purchase Service-related content in accordance with the policies and procedures established by each Platform. Licensee shall be exclusively responsible for all payments related to purchases, content usage, and any applicable refunds, all of which shall be subject to the policies of the respective Platform. No refunds will be provided except as expressly set forth in this Agreement or as mandated by applicable law. Licensee may access additional content by remitting the applicable fee, and certain additional subscription content may be provided for a limited duration. Should Licensee fail to remit payment or elect to discontinue payment, access to such additional content may be immediately restricted or terminated.
Licensee agrees to be bound by the then-current costs and payment conditions as amended from time to time. Continued use of the Services constitutes acceptance of such amendments. If Licensee does not agree with any changes to the costs and payment conditions, Licensee may cease payment and terminate the utilization of related contents. Licensee shall be solely responsible for all fees and expenses associated with the payment of the aforementioned costs, including, without limitation, all applicable taxes, hardware and software costs, internet connection charges, and subscription fees.
4. TERMINATION; SUSPENSION
A. Termination of Services by Licensor
Licensor does not guarantee uninterrupted access to the System or Services. Licensor reserves the right, at its sole discretion, to discontinue any aspect of the Services at any time, with or without cause. Licensor may terminate this EULA and revoke all rights granted hereunder. Licensor shall provide notice of any such termination of the Services at least thirty (30) calendar days prior to the effective date of termination by means of one or more of the following methods: (i) a notice displayed upon use of the System; (ii) a conspicuous posting on the Licensor's official website; (iii) electronic mail to the address associated with the Account; or (iv) other reasonable and commercially acceptable methods of notification as determined by Licensor in its sole discretion.
B. Breach or Misconduct by Licensee
(1) Restriction of Access to Services
Licensor may restrict access to the System for any user without prior notice to the extent such restriction is not prohibited by applicable law. Restriction may be imposed under, but not limited to, the following circumstances: (i) Licensee breaches this EULA (including any associated rules and guidelines); or (ii) Licensee accesses the System or Services by any method not expressly authorized by Licensor.
(2) Termination of EULA
Licensor may terminate this EULA and revoke all rights granted hereunder. Termination of this EULA may occur under, but not limited to, the following circumstances: (i) Licensor determines that it is unable to verify or authenticate Licensee's information; (ii) Licensee violates this EULA or utilizes the System or Software without authorization; or (iii) Licensee’s use of the Services, chat functions, or other actions are deemed inappropriate, aggressive, or in violation of the rules of use. Termination of this EULA shall be effective upon delivery of notice to Licensee by electronic mail or other reasonable means.
Licensee is not guaranteed any right to a refund upon termination under the EULA, unless otherwise mandated by applicable law.
C. Termination by Licensee
(1) Termination by Licensee
Licensee may terminate this EULA by providing written notice to Licensor via electronic mail. Licensee acknowledges that no refund of any fees or payments shall be guaranteed upon such termination, except where such a refund is required by applicable law.
(2) Amendment of EULA
Licensee has the right to reject any revised version of this EULA. Licensee shall exercise due diligence in carefully reviewing any amendments to this EULA. If Licensee does not agree to the revised EULA, Licensee may terminate this Agreement. However, if Licensee fails to provide written notice of rejection of the revised EULA prior to the effective date thereof, Licensee shall be deemed to have irrevocably accepted the revised EULA. Furthermore, by affirmatively clicking the "Agree" button or otherwise accessing the System or Services subsequent to the effective date of any amendment, Licensee shall be conclusively presumed to have accepted the amended EULA and shall be deemed to have waived any right to terminate this Agreement as provided in this Clause.
D. Consequences of Termination
Upon termination of this EULA, all rights granted to Licensee hereunder shall immediately cease. Following termination, Licensee shall no longer be permitted to utilize the Software and shall be barred from accessing the System or Services.
Restrictions resulting from the licensee's negligence will apply equally to other accounts utilizing the same credentials, including but not limited to name, telephone number, email address, IP address, and credit card number.
5. CONDUCT
A. Prohibited Conduct
Licensee is responsible for maintaining lawful and ethical conduct to ensure continued access to the System and Services. Licensor prohibits any conduct that may adversely affect the user experience of the Services, without limiting Licensor's authority to control the Services and the scope of permissible user behavior.
The following actions are specifically prohibited:
(1) Imposing an undue or disproportionate burden on the System without legitimate justification;
(2) Modifying or altering the Services' operation or content through unauthorized software applications;
(3) Acquiring scores, virtual currency, items, capabilities, ranks, or positions through unauthorized means, including the use of software applications, macros, or automated keystrokes. Manipulating the user interface or Service data to obtain items, objects, capabilities, or advantages by abnormal methods is also strictly prohibited;
(4) Creating or distributing programs that circumvent System logins or providing unauthorized access to the System or Services through software or information obtained via data mining of the System;
(5) Posting in any chat window or public forum any material that may give rise to civil liability, including harassment, violence, intimidation, defamation, obscene content, and infringement of intellectual property rights;
(6) Transferring or receiving characters, virtual currency, or items that have been obtained, created, or duplicated through unauthorized methods.
B. Restrictions on Sale of Items and Objects
Licensee is prohibited from transmitting, selling, auctioning, or purchasing any Content within the Services for commercial gain, or from offering any transaction to any third party for commercial purposes. Trading of characters, character capabilities, items, virtual currency, and objects is strictly forbidden. Licensee shall not encourage or induce any third party to participate in any transaction or utilize, transfer, or distribute any Services asset for use in any gambling activity operated by a third party. Licensee is prohibited from purchasing or selling (or attempting to purchase or sell) any character, character capability, item, virtual currency, or object through any online auction, newsgroup, bulletin board, or similar platform. Such conduct constitutes a material violation of this EULA and an infringement of Licensor's proprietary rights.
6. DATA COLLECTION AND MONITORING
Licensor reserves the right to collect and process gameplay data, including level progression, item acquisition, and session duration, as well as hardware and software configuration data pertaining to the Licensee's access device(s), including device specifications and operating system information. In the event of a system failure or error, Licensor may collect crash report data for diagnostic and remedial purposes. Where applicable and to the extent permitted by law, Licensor may collect online account data, including email addresses, usernames, and usage activity logs, associated with the Licensee's account.
Licensor reserves the right to aggregate anonymized and/or pseudonymized data with data collected from other users of the Services and may share such aggregated data with affiliated entities and third-party partners for analytical and business purposes. Licensor shall retain collected data for the duration necessary to fulfill the purposes outlined herein or as required by applicable laws and regulations, including data retention requirements. Licensee may have the right to exercise certain opt-out options regarding specific data collection practices, as detailed in the Licensor's Privacy Policy.
By utilizing the Services, Licensee consents to the data collection, processing, and utilization practices as described in this Section and Licensor's Privacy Policy, which is incorporated herein by reference.
Furthermore, Licensor reserves the right to implement hardware monitoring mechanisms to ensure that Licensee is utilizing authorized Software in connection with accessing the Services and/or System. Licensor may also employ technological measures to verify Licensee's compliance with the provisions of Article 5 of this Agreement, including the detection and identification of unauthorized software applications developed by Licensee or any third party for circumvention or modification of the Services or System.
7. PHOTOSENSITIVITY WARNING
Exposure to certain light patterns or flashing lights may trigger seizures in individuals with photosensitive epilepsy. Users should exercise caution when utilizing the Services, as seizures may occur even in the absence of prior medical history of such conditions. Licensee is advised to consult a medical professional before using the Services if they have a history of seizures or photosensitivity.
8. LICENSE
A. Software License Grant
Subject to the terms and conditions of this EULA, Licensor grants Licensee a limited, non-exclusive, non-transferable, revocable license to use the Software and accompanying documentation.
B. License to Access the System for Gameplay
Licensor grants to Licensees who comply with the terms of this EULA a limited, non-exclusive, non-transferable, revocable license to access and utilize the System for gameplay and to access user-generated content (as defined below). An active Account permits Licensee to download and exchange content and user-generated content within the Services, subject to the limitations and restrictions imposed by the System. All such usage shall be in accordance with this EULA and solely for the purpose of utilizing the Services.
C. License Restrictions
All rights not expressly granted herein are reserved by Licensor. No licenses, permits, access rights, or entitlements are implied.
Any information obtained through the System may be used solely for the purpose of utilizing the Services. Licensee is prohibited from uploading, downloading, or utilizing information accessible or obtained from the System except as expressly permitted by this EULA.
Licensee is prohibited from copying (except as expressly permitted herein), distributing, leasing, modifying, adapting, translating, using, displaying, or creating derivative works based on the Software or any accompanying documentation. Licensee may not transfer the Software except as expressly provided in this EULA.
Licensee is prohibited from copying, distributing, lending, renting, leasing, modifying, or producing derivative works of, nor may Licensee adapt, translate, execute, publish, transfer, or reuse any information accessible through the System, including Service content, user-generated content, items, objects, or characters registered within the Service. Licensee may modify the contents of the Services and user-generated content within the Services only to the extent expressly permitted by the System.
Extraction of the source code from the Software or System information (including data packets transmitted over the network) is strictly prohibited. The following actions are strictly prohibited, regardless of encryption status: disassembling, decompiling, reverse engineering, analyzing, or decrypting packet stream-encoded data packets, including any attempt thereof or authorizing, enabling, or otherwise permitting any third party to engage in such activities. Licensee explicitly waives any and all legal rights to engage in such conduct. Licensee shall not bypass or deactivate any license management technology incorporated into the Software and/or System.
D. Software Updates
Licensor may, from time to time, update or modify the Software. Licensee consents to Licensor collecting and utilizing the following data: (i) hardware System profile data; (ii) file directory information collected during Services and System access; and (iii) information pertaining to hardware and Services usage.
E. New Software Releases
Licensee is under no obligation to utilize any new Software, expansion packs, updates, upgrades, or additional content offered by Licensor. However, Licensor may, at its sole discretion, distribute such content. Licensor may update, upgrade, and improve the Software without prior consultation with Licensee. Licensor may require Licensee to install updated Software as a condition of continued use of the Services. Licensor shall provide Licensee with information regarding new Software releases and provide a reasonable timeframe for Licensee to download and install such Software. Licensee must install and execute the new Software within the designated timeframe in order to access the System or utilize the Services. Licensor shall not be liable for any failure by Licensee to install the Software within the specified timeframe, and no refund of previously paid charges shall be guaranteed.
9. PROPRIETARY RIGHTS
A. Ownership of Software, System, and Services
As between Licensee and Licensor, Licensor shall retain exclusive ownership of the Software, System, Services, and the Content in the Services (as defined below). All Software, System, Services, and Content in the Services are protected by copyright, trademark, and other applicable proprietary laws. Licensor expressly reserves all rights not expressly granted herein.
The Services comprise software code, programs, routines, subroutines, objects, files, data, characters (including items associated with Accounts and characters, virtual currency, objects, and capabilities), graphics, sound effects, music, animation, video, text, content, layout, design, and other information accessible and downloadable via the System ("Content in Services"). Licensor, its affiliates, copyright holders, and/or suppliers retain all right, title, and interest in and to the Software, System, Services, and the Content in Services, including all applicable intellectual property rights. No right is transferred to Licensee except for the limited license expressly granted herein.
B. Rights in Certain Content
Licensee acknowledges and agrees that it has no ownership interest in any content as a result of use of the services. Licensor retains all right, title, and interest in and to all corporations, activities, groups, titles, and characters, as well as all objects, virtual currency, and items acquired thereby, including all associated copyrights and intellectual property rights. Such rights are expressly reserved by Licensor under this Agreement.
Licensor may utilize information regarding characters registered to Licensee's Account, provided that such use does not infringe upon Licensee's privacy rights (e.g., charts, lists, and other derivative works, excluding personal information).
Licensee hereby assigns to Licensor all copyright, ownership, and other rights in and to any information exchanged, transferred, or uploaded during Licensee's use of the System or Services, including all files, data, and information. Licensor may transfer data and information relating to items acquired, produced, or traded by any corporation, group, title, character, or character registered to the Account. To the extent that such rights cannot be assigned, Licensee grants to Licensor an exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sublicense through multiple tiers, to exercise all intellectual property and other rights in such information. The foregoing shall apply to all subsequent content developments. This provision does not apply to user content (as defined below).
C. User Content
The System may provide chat channels, bulletin boards, and other communication spaces for users to exchange information ("User Content").
All User Content transmitted through the System shall not: (i) violate any applicable laws, statutes, regulations, or rules; (ii) infringe upon any third party's intellectual property rights, ownership rights, privacy rights, or rights of publicity; (iii) contain offensive, obscene, or pornographic content, child pornography, or content that is harmful to minors; or (iv) contain any viruses, Trojan horses, disabling code, worms, time bombs, clear GIFs, cancelbots, or other programs or routines designed to damage, surveil, block, or permit unauthorized access to data, information, packets, or personal information.
If User Content violates this EULA or may expose other users, Licensor or suppliers to liability, Licensor may take any action it deems appropriate in its sole discretion. In addition, Licensor may take appropriate measures if the interests or rights of other users, Licensor, or suppliers, internet providers, or Services users are deemed to be damaged, or if the reputation of Licensor is harmed.
Licensee grants to Licensor a worldwide, sublicenseable, exclusive, perpetual, unrestricted, irrevocable, royalty-free license to exercise all intellectual property and other rights in User Content. The foregoing license shall apply to all subsequent content developed.
Any infringement of Licensor's proprietary rights constitutes a material breach of this EULA, and Licensor may terminate Licensee's access to the Services. In addition, Licensor may take any other action it deems appropriate under the circumstances. The foregoing remedies are in addition to, and not in lieu of, any other legal remedies or rights available to Licensor, and shall survive termination of this EULA.
10. NO WARRANTIES
The Software, System, Services, Content in Services, and all related data are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. Licensee assumes all risks associated with access to and use of the System and Services.
Licensor disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Licensor does not warrant that access to the System or execution of the Software will be uninterrupted or error-free. Furthermore, Licensor does not warrant that the System or Software will be compatible with Licensee's hardware or software configuration.
Licensor shall use commercially reasonable efforts to maintain the System, but does not guarantee continuous availability. The System may be unavailable from time to time due to system maintenance, new software releases, emergencies, equipment malfunctions, or network outages.
11. DISCLAIMER OF DAMAGES
Under no circumstances shall Licensor, its affiliates, copyright holders, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages (including damages for loss of profits, loss of data, or business interruption) arising out of or in connection with Licensee's use of the System, Software, Services, Content in Services, or User Content, or arising out of or in connection with this EULA. This disclaimer applies regardless of whether such damages are based on breach of contract, tort (including negligence), strict liability, or any other legal theory.
12. LIMITATION OF LIABILITY
Except as otherwise provided herein, Licensor's liability for any damages arising out of or in connection with this EULA, the Software, the System, the Services, the Content in Services, or the User Content shall be limited to the amount of charges demonstrably paid by Licensee to Licensor during the one (1) month period immediately preceding the date on which the cause of action arose.
If Licensor breaches its obligation to provide access to and use of Licensee's System, Services, Content in Services, or User Content, Licensee's sole and exclusive remedy shall be limited to a refund of the lesser of (i) the charges demonstrably paid by Licensee during the period that access was unavailable, or (ii) the charges demonstrably paid by Licensee for the three (3) months immediately preceding the date on which access became unavailable.
To the extent that any limitation or disclaimer of liability set forth in this EULA is deemed invalid or unenforceable under applicable law, Licensor's liability shall be limited to the maximum extent permitted by such law. The remedies set forth in this Agreement are exclusive and supersede all other remedies, whether oral or written, express or implied.
13. INDEMNIFICATION
Licensee shall indemnify, defend, and hold harmless Licensor, its affiliates, copyright holders, suppliers, and their respective employees, contractors, officers, and directors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) Licensee's use or misuse of the Software; (ii) Licensee's access to the System; or (iii) Licensee's use of the Services.
14. AMENDMENTS TO EULA
This EULA, any limited warranty accompanying the Services (if any), and Licensor's privacy policy, as each may be amended or modified from time to time, constitute the entire agreement and understanding between Licensee and Licensor with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, relating to such subject matter. Licensor may amend this EULA at any time by posting the amended EULA on the Service, on Licensor's website, or on the Platform. Licensee's continued access to the System or use of the Services following the posting of any amended EULA shall be deemed to constitute Licensee's acceptance of such amendments. If Licensee objects to any amendment to this EULA that materially alters the terms and conditions hereof, Licensee may terminate this EULA in accordance with Article 4 of this Agreement.
15. GOVERNING LAW AND FORUM SELECTION
This Agreement and all disputes, controversies, or claims arising out of or relating in any way to this Agreement, the Software, the System, or the Services shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of laws principles. Licensor and Licensee agree to submit to the exclusive jurisdiction of the courts located in Seoul, Republic of Korea for the resolution of any such disputes, controversies, or claims. Any agreement between Licensor and Licensee to resolve any dispute, difference, or controversy through alternative dispute resolution mechanisms, such as arbitration or mediation, shall be specifically enforceable.
A. Entire Agreement; Severability; Exclusion of CISG
This Agreement constitutes the entire agreement and understanding between Licensor and Licensee with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Any term or condition contained in any purchase order or other written instrument submitted by Licensee that is inconsistent with or adds to the terms and conditions of this Agreement shall be of no force or effect and shall not be binding on Licensor, irrespective of Licensor's acceptance of any such purchase order. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it valid, legal, and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, and its application is hereby expressly excluded.
B. Export Compliance
Licensee acknowledges and agrees to comply with all applicable export control laws and regulations. Licensee shall not export or re-export the Software or Services, directly or indirectly, to any country or person in violation of such laws and regulations. Licensee represents and warrants that it is not a person with whom Licensor is prohibited from transacting business under any applicable law. Licensee shall obtain and comply with all required governmental authorizations prior to exporting or re-exporting the Software or Services.
16. MISCELLANEOUS PROVISIONS
If any provision of this EULA is deemed invalid or unenforceable, such provision shall be interpreted in accordance with applicable law to reflect the original intent of the parties as closely as possible. The remaining provisions shall remain in full force and effect. If reformation of the invalid provision is not feasible, it shall be severed from this EULA, and the remaining provisions shall continue in full effect.
No failure or delay by Licensor in exercising any right or remedy under this EULA shall constitute a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
Licensee shall adhere to all applicable laws and regulations governing access to and use of the System, Software, and Services. Without limiting the general applicability of the foregoing, Licensee shall not download, use, export, or re-export any part of the information accessible through the System or Software except in full compliance with all applicable laws and regulations.
Licensee acknowledges that any translation of the English language version of this EULA is provided for informational purposes only. In the event of any conflict between a non-English version and the English version of this EULA, the English version shall prevail.
Except as expressly provided herein, Licensee may not assign or transfer this EULA or any rights or obligations hereunder. Any attempt to do so shall be null and void. This EULA, including any referenced Rules of Conduct and the fees and payment terms as may be amended by Licensor from time to time, constitutes the entire agreement and understanding between Licensor and Licensee concerning the subject matter hereof.
All notices required or permitted under this EULA shall be delivered to Licensor by electronic mail at support@neowiz.com, unless otherwise specified within this EULA.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND IT, AND UNEQUIVOCALLY AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.