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Please read the following End User License Agreement (the "Agreement") in its entirety before using this game software program (the "Program").
When you install the Program on your personal computer or VR headset with the operating system specified as the operating environment for the Program (hereinafter referred to as the "Hardware"), this Agreement shall become effective between you and MyDearest Corporation (hereinafter referred to as the "Company").
If you are a minor, you shall install the Program only after obtaining the consent of an appropriate administrator, such as a person with parental authority, regarding the terms of this Agreement.
1. LIMITED LICENSE
(1) Subject to your compliance with the provisions of this Agreement, Company grants you a non-exclusive right to install the Program on the Hardware owned by you and use it only for the purpose of private game play.
(2) You may not sublicense the rights granted under the preceding paragraph to any third party.
(3) The rights in paragraph 1 are specific to the customer who purchased the right to use the Program, and you may not transfer said rights to any third party.
2. MODIFIED PROGRAMS
(1) Company may provide additional or modified Programs (the "Modified Programs") for the purpose of changing the contents of the Program, expanding its functions, adding contents, fixing bugs, etc. Such Modified Programs shall be subject to the terms and conditions of this Agreement. The provisions of this Agreement shall also apply to such Modified Programs.
(2) As a general rule, Modified Programs will be provided free of charge, however, there may be a case when Company decides to provide such Modified Programs for a fee.
(3) The provision of Modified Programs shall be at the sole discretion of Company, and the Company shall not be obligated to provide such Modified Programs to the customer.
3. AUTHENTICATION
(1) Use of the Program may require you to log in to services provided by Company (hereinafter referred to as "the MD Services") or gaming platforms provided by third parties other than Company (hereinafter referred to as "Third Party PF").
(2) In the case of the preceding paragraph, you shall use the MD Service or Third Party PF in accordance with the terms of use and other compliance requirements set forth by the Company or the Third Party in the preceding paragraph.
(3) Except in cases directly related to the use of the Program, the Company shall not be concerned with, and shall not be liable for, your use of Third Party PF. Clients shall direct any inquiries regarding Third Party PF to the service providers offering such Third Party PF.
(4) If the use of the Program requires logging into the MD Service or Third Party PF, the Program may not be activated in countries or regions other than those specified at the time of purchase of the right to use the Program. In such case, you shall use the Program in the country or region specified at the time of purchase.
4. SAFETY PRECAUTIONS
(1) The Program may cause physical strain due to the nature of virtual reality. Please be aware of your own health condition before starting to use the Program. If you have any concerns or questions, please consult your physician. Please take regular breaks and drink water.
(2) Please pay attention to the environment when using this Program. Always make sure that there is enough space for your safety and that there are no obstacles or dangerous objects around you.
(3) Use of this Program involves strenuous physical activity. Please read the health and safety warnings and other information provided with the Hardware before using the program.
(4) If you are a minor (under the legal age of majority in your area of residence), have your health and safety concerns checked by a parent or responsible adult before you start using the Program.
(5) Please note that you are solely responsible for your actions. We are not responsible for any injury or damage caused by your actions in using the Program. nothing in this section shall limit or exclude our liability for death or personal injury caused by our negligence in circumstances where such liability cannot be limited or excluded under applicable law.
5. INTELLECTUAL PROPERTY RIGHTS
(1) Intellectual property rights in and to the Program are the property of Company or a legitimate third party and are protected by Japanese copyright law, international treaties and agreements, and other laws. If you do not comply with this Agreement and infringe the intellectual property rights of the Program, the owner of such intellectual property rights may take necessary legal action against you to protect their rights, including injunction of use and compensation for damages.
(2) This Agreement is a license to use the Program from Company to you, and does not transfer the intellectual property rights of the Program, in whole or in part.
6. PROHIBITIONS
In using this Program, you shall not do any of the following acts.
(i) Duplication of the Program, in whole or in part (except for duplication necessary for installation of the Program), or such acts to the Program, i.e., alteration, modification, translation, analysis, reverse engineering, extraction of code, that may infringe on Company 's intellectual property rights.
(ii) Analyzing communication protocols or other data used in the Program or using them for any other purpose.
(iii) Using the Program, in whole or in part, for commercial purposes in internet cafes, game centers, or other places without the Company's prior written permission.
(iv) To sponsor or provide events, competitions, etc. for commercial purposes using all or part of the Program (except for private use within a limited scope, such as within a family or among friends) without the prior written permission of the Company.
(v) Intentionally using a defect in the Program when such defect exists.
(vi) Interfere with the contents or functions or the services provided by the Program (e.g., matchmaking services among users of the Program).
(vii) Any act that is equivalent or similar to any of the foregoing acts and that is detrimental to the Company.
7. TERMINATION
(1) You may terminate this Agreement at any time by uninstalling the Program from your Hardware.
(2) The Company may terminate this Agreement if you breach any one of the provisions set forth in this Agreement. In such case, you shall immediately cease use of the Program and uninstall the Program from your Hardware.
8. EXPORT RESTRICTIONS
You shall comply with all laws and regulations of Japan and other countries, and shall not export, transmit over the Internet, or otherwise export the Program to any country to which trade is suspended under Japan's "Foreign Exchange and Foreign Trade Law" or "Export Trade Control Order.
9. DISCLAIMER
(1) The Company provides the Program on an "as is" basis only, and does not guarantee the integrity of the Game, its stability of operation, fitness for your intended use, or any other matters.
(2) The Company shall not be liable for any damages whatsoever arising from the use of the Program, except in the case of willful misconduct or negligence on the part of the Company.
(3) In the event that the Company's negligence (excluding gross negligence) results in damages to you in connection with the Program, regardless of default, tort or other cause of action, the Company shall be liable only for the direct and ordinary damages actually incurred, and the amount of such compensation shall be limited to the maximum amount of the purchase price for your right to use the Program.
(4) If the application of the preceding paragraphs is limited by applicable laws and regulations, we shall reduce or exclude our liability to you to the maximum extent permitted by such laws and regulations.
10. MODIFICATIONS
(1) The Company may change the contents of this Agreement at any time by posting the changed contents on the MD Service website, Third Party PF, the official website for the Program, or in the game screen of the Program. When you use the Program after such modification, you will be deemed to have agreed to the modified Agreement.
(2) Notwithstanding the preceding paragraph, if a change in the contents of this Agreement is disadvantageous to you, reasonable measures shall be taken, such as posting the details of the change in advance.
10. Miscellaneous
(1) This Agreement shall be governed by and construed in accordance with the laws of Japan.
(2) Any legal disputes arising out of this Agreement shall be settled in court, and in such cases, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
(3) If any provision of this Agreement is held invalid under applicable law, only such provision shall be deemed invalid, and the other provisions of this Agreement shall remain in full force and effect.
Last updated: Oct 7, 2023
When you install the Program on your personal computer or VR headset with the operating system specified as the operating environment for the Program (hereinafter referred to as the "Hardware"), this Agreement shall become effective between you and MyDearest Corporation (hereinafter referred to as the "Company").
If you are a minor, you shall install the Program only after obtaining the consent of an appropriate administrator, such as a person with parental authority, regarding the terms of this Agreement.
1. LIMITED LICENSE
(1) Subject to your compliance with the provisions of this Agreement, Company grants you a non-exclusive right to install the Program on the Hardware owned by you and use it only for the purpose of private game play.
(2) You may not sublicense the rights granted under the preceding paragraph to any third party.
(3) The rights in paragraph 1 are specific to the customer who purchased the right to use the Program, and you may not transfer said rights to any third party.
2. MODIFIED PROGRAMS
(1) Company may provide additional or modified Programs (the "Modified Programs") for the purpose of changing the contents of the Program, expanding its functions, adding contents, fixing bugs, etc. Such Modified Programs shall be subject to the terms and conditions of this Agreement. The provisions of this Agreement shall also apply to such Modified Programs.
(2) As a general rule, Modified Programs will be provided free of charge, however, there may be a case when Company decides to provide such Modified Programs for a fee.
(3) The provision of Modified Programs shall be at the sole discretion of Company, and the Company shall not be obligated to provide such Modified Programs to the customer.
3. AUTHENTICATION
(1) Use of the Program may require you to log in to services provided by Company (hereinafter referred to as "the MD Services") or gaming platforms provided by third parties other than Company (hereinafter referred to as "Third Party PF").
(2) In the case of the preceding paragraph, you shall use the MD Service or Third Party PF in accordance with the terms of use and other compliance requirements set forth by the Company or the Third Party in the preceding paragraph.
(3) Except in cases directly related to the use of the Program, the Company shall not be concerned with, and shall not be liable for, your use of Third Party PF. Clients shall direct any inquiries regarding Third Party PF to the service providers offering such Third Party PF.
(4) If the use of the Program requires logging into the MD Service or Third Party PF, the Program may not be activated in countries or regions other than those specified at the time of purchase of the right to use the Program. In such case, you shall use the Program in the country or region specified at the time of purchase.
4. SAFETY PRECAUTIONS
(1) The Program may cause physical strain due to the nature of virtual reality. Please be aware of your own health condition before starting to use the Program. If you have any concerns or questions, please consult your physician. Please take regular breaks and drink water.
(2) Please pay attention to the environment when using this Program. Always make sure that there is enough space for your safety and that there are no obstacles or dangerous objects around you.
(3) Use of this Program involves strenuous physical activity. Please read the health and safety warnings and other information provided with the Hardware before using the program.
(4) If you are a minor (under the legal age of majority in your area of residence), have your health and safety concerns checked by a parent or responsible adult before you start using the Program.
(5) Please note that you are solely responsible for your actions. We are not responsible for any injury or damage caused by your actions in using the Program. nothing in this section shall limit or exclude our liability for death or personal injury caused by our negligence in circumstances where such liability cannot be limited or excluded under applicable law.
5. INTELLECTUAL PROPERTY RIGHTS
(1) Intellectual property rights in and to the Program are the property of Company or a legitimate third party and are protected by Japanese copyright law, international treaties and agreements, and other laws. If you do not comply with this Agreement and infringe the intellectual property rights of the Program, the owner of such intellectual property rights may take necessary legal action against you to protect their rights, including injunction of use and compensation for damages.
(2) This Agreement is a license to use the Program from Company to you, and does not transfer the intellectual property rights of the Program, in whole or in part.
6. PROHIBITIONS
In using this Program, you shall not do any of the following acts.
(i) Duplication of the Program, in whole or in part (except for duplication necessary for installation of the Program), or such acts to the Program, i.e., alteration, modification, translation, analysis, reverse engineering, extraction of code, that may infringe on Company 's intellectual property rights.
(ii) Analyzing communication protocols or other data used in the Program or using them for any other purpose.
(iii) Using the Program, in whole or in part, for commercial purposes in internet cafes, game centers, or other places without the Company's prior written permission.
(iv) To sponsor or provide events, competitions, etc. for commercial purposes using all or part of the Program (except for private use within a limited scope, such as within a family or among friends) without the prior written permission of the Company.
(v) Intentionally using a defect in the Program when such defect exists.
(vi) Interfere with the contents or functions or the services provided by the Program (e.g., matchmaking services among users of the Program).
(vii) Any act that is equivalent or similar to any of the foregoing acts and that is detrimental to the Company.
7. TERMINATION
(1) You may terminate this Agreement at any time by uninstalling the Program from your Hardware.
(2) The Company may terminate this Agreement if you breach any one of the provisions set forth in this Agreement. In such case, you shall immediately cease use of the Program and uninstall the Program from your Hardware.
8. EXPORT RESTRICTIONS
You shall comply with all laws and regulations of Japan and other countries, and shall not export, transmit over the Internet, or otherwise export the Program to any country to which trade is suspended under Japan's "Foreign Exchange and Foreign Trade Law" or "Export Trade Control Order.
9. DISCLAIMER
(1) The Company provides the Program on an "as is" basis only, and does not guarantee the integrity of the Game, its stability of operation, fitness for your intended use, or any other matters.
(2) The Company shall not be liable for any damages whatsoever arising from the use of the Program, except in the case of willful misconduct or negligence on the part of the Company.
(3) In the event that the Company's negligence (excluding gross negligence) results in damages to you in connection with the Program, regardless of default, tort or other cause of action, the Company shall be liable only for the direct and ordinary damages actually incurred, and the amount of such compensation shall be limited to the maximum amount of the purchase price for your right to use the Program.
(4) If the application of the preceding paragraphs is limited by applicable laws and regulations, we shall reduce or exclude our liability to you to the maximum extent permitted by such laws and regulations.
10. MODIFICATIONS
(1) The Company may change the contents of this Agreement at any time by posting the changed contents on the MD Service website, Third Party PF, the official website for the Program, or in the game screen of the Program. When you use the Program after such modification, you will be deemed to have agreed to the modified Agreement.
(2) Notwithstanding the preceding paragraph, if a change in the contents of this Agreement is disadvantageous to you, reasonable measures shall be taken, such as posting the details of the change in advance.
10. Miscellaneous
(1) This Agreement shall be governed by and construed in accordance with the laws of Japan.
(2) Any legal disputes arising out of this Agreement shall be settled in court, and in such cases, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
(3) If any provision of this Agreement is held invalid under applicable law, only such provision shall be deemed invalid, and the other provisions of this Agreement shall remain in full force and effect.
Last updated: Oct 7, 2023