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Introduction to the End User Software License Agreement
This End User Software License Agreement (“Agreement”) sets forth the conditions for using the game software (“Software”) provided by Genki Co., Ltd.(“Genki”). Please read the following terms carefully before using the software or services.
By downloading, installing, or using the software, you confirm that you have read this Agreement, understand it, and agree to be bound by its terms. If you do not agree to these terms, you are not permitted to use the software or services. Your use of the software constitutes your agreement to these terms.
If you are a minor or someone with limited legal capacity, you must have the consent of your parent or legal guardian who has read and agreed to these terms on your behalf.
This Agreement is designed to ensure a clear understanding of the rights and responsibilities of all users, promoting a safe, fair, and enjoyable gaming experience.
Privacy Policy
Genki is committed to protecting your privacy. Our comprehensive Privacy Policy, which outlines how we collect, use, and safeguard your personal information, is available on our official website. By agreeing to this End User Software License Agreement, you also agree to the terms of our Privacy Policy.
We encourage you to read the Privacy Policy in full to understand our practices regarding your personal information before you start using the software. The Privacy Policy is an integral part of this Agreement and can be found at the following URL: [https://www.genki.co.jp/en/]
Please note that the Privacy Policy may be updated from time to time, and we recommend revisiting the policy periodically to stay informed about how we are protecting the information we collect.
Limited License Grant
Genki grants you a non-exclusive, non-transferable, limited right to use the software solely for private gameplay purposes. This license is provided under the condition that the software is not used for any commercial, promotional, institutional, or other non-personal purposes.
You are not permitted to sublicense, rent, lease, distribute, broadcast, transmit, or otherwise transfer rights to the software to any third party. Additionally, you may not modify, reverse engineer, decompile, disassemble, or create derivative works of the software, unless explicitly permitted by applicable law notwithstanding this limitation.
This limited license does not convey any title or ownership in the software, and is revocable by Genki at any time if you fail to comply with the terms of this Agreement.
Updates and Modifications
Genki continuously strives to improve your gaming experience. We may, from time to time, update or modify the software, including but not limited to, enhancing functionalities, adding new features, and correcting errors or bugs.
These updates or modifications may be offered either for free or for a fee, at Genki's sole discretion. You will have the option to accept or decline such updates. However, some updates may be mandatory and necessary for the continued use of the software. Failure to install these mandatory updates may affect the software's functionality and your ability to use certain features.
All updates and modifications are governed by this End User Software License Agreement, and your continued use of the software after such updates will constitute your acceptance of any changes brought by these updates.
Genki may at any time modify the software without yours consent or approval, and without any liability for any damages incurred by you due to such modification.
Authentication
To ensure proper license management and use of the software, Genki may require you to authenticate your copy of the software through a third-party platform (e.g. STEAM platform provided by Valve Corporation). This authentication process is designed to verify that your use of the software complies with the terms of this Agreement.
As part of the authentication process, you may be required to log in to the third-party platform. Please be aware that the software may only be activated and used in the geographic region or country where it was purchased. If you attempt to activate or use the software outside of the specified region or country, you may be unable to start or continue using the software.
This measure helps prevent unauthorized use and ensures that licensing terms are respected. By accepting this Agreement and using the software, you acknowledge and agree to these authentication requirements.
User Support
Genki is committed to providing support to enhance your gaming experience. If you encounter any issues or have questions regarding the software, you can reach out to our support team via email.
Please note the following regarding our support services:
By using the software, you acknowledge and agree that the provision of support is at Genki’s discretion and that not all inquiries may receive a response.
Intellectual Property Rights
All intellectual property rights in and to the software are owned by Genki or its legitimate third-party licensors. The use of the software under this Agreement does not transfer any intellectual property rights to you. Instead, Genki grants you a limited license to use the software in accordance with the terms set forth herein.
You acknowledge that the software, including but not limited to its code, graphics, interfaces, and any related documentation, is protected by intellectual property laws and international treaties. You agree to respect all intellectual property rights in the software and not to infringe upon these rights.
Unauthorized reproduction, distribution, or modification of the software, or any part of it, is strictly prohibited and may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
By accepting this Agreement, you confirm your understanding that the intellectual property rights are owned by Genki or its rightful third-party licensors and that you are granted only a license to use the software, not ownership of any intellectual property.
Prohibited Actions
To ensure the integrity and fair use of the software, Genki strictly prohibits certain actions regarding the use of the software. By agreeing to this Agreement, you agree not to engage in the following activities:
Termination
This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling and deleting all copies of the software from your devices, thus discontinuing any further use of the software. Genki also reserves the right to terminate this Agreement at its discretion if you fail to comply with any of the terms and conditions set forth herein.
In the event of a breach of this Agreement by you, Genki reserves the right to terminate the Agreement if such breach is not remedied. Genki will provide notice of the breach either in writing or electronically, specifying the nature of the breach and demanding rectification. If you fail to comply with the terms of this notice and remedy the breach within the specified time frame, Genki may terminate this Agreement.
Upon termination, you must cease all use of the software and destroy all copies, full or partial, of the software that you possess. Genki may also take any action we deem necessary to enforce the Agreement and to protect our rights.
Export Controls
The software is subject to international export controls and economic sanctions laws and regulations. You agree to comply with all applicable national and international laws that apply to the software as well as end-user, end-use, and destination restrictions issued by national governments or international bodies.
You are prohibited from exporting, re-exporting, transmitting via the internet, or transferring the software to any country, region, entity or person that is subject to trade sanctions. This includes directly or indirectly providing the software to these countries, regions, entities or persons.
Disclaimer of Liability
Genki provides the software "as is" and makes no warranties or representations of any kind concerning the software, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Genki shall not be liable for any damages arising out of or related to your use or inability to use the software, except to the extent that such damages result from intentional misconduct or gross negligence on the part of Genki. This limitation applies to:
In the event that Genki is found liable for damages despite the foregoing limitations, and where liability results from Genki's negligence, the total liability of Genki shall be limited to the amount actually paid by you for the software. This limitation is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective.
By using this software, you acknowledge that you have read this section and understand that you assume all risk related to the use of the software, as permissible under applicable law.
Amendment of Terms
Genki reserves the right to modify or amend this Agreement at any time. Changes to the Agreement will be communicated to you by posting the updated terms on a third-party platform, the official software page, or directly within the game interface.
We aim to ensure that you are always informed of any changes, especially those that might materially affect your rights or obligations. To this end, if any forthcoming amendments result in a material disadvantage to you, Genki will provide advance notice of these changes before they take effect.
Your continued use of the software after any such changes have been posted confirms your acceptance of the updated Agreement. If you do not agree to the changes, you are free to discontinue using the software.
By agreeing to this Agreement, you acknowledge that you are responsible for regularly reviewing the Agreement to stay informed of any modifications.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Genki related to this Agreement shall be brought exclusively in the Tokyo District Court as the first instance court.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This section outlines general legal and jurisdictional terms:
By agreeing to this Agreement, you acknowledge that you understand and agree to these terms.
This End User Software License Agreement (“Agreement”) sets forth the conditions for using the game software (“Software”) provided by Genki Co., Ltd.(“Genki”). Please read the following terms carefully before using the software or services.
By downloading, installing, or using the software, you confirm that you have read this Agreement, understand it, and agree to be bound by its terms. If you do not agree to these terms, you are not permitted to use the software or services. Your use of the software constitutes your agreement to these terms.
If you are a minor or someone with limited legal capacity, you must have the consent of your parent or legal guardian who has read and agreed to these terms on your behalf.
This Agreement is designed to ensure a clear understanding of the rights and responsibilities of all users, promoting a safe, fair, and enjoyable gaming experience.
Privacy Policy
Genki is committed to protecting your privacy. Our comprehensive Privacy Policy, which outlines how we collect, use, and safeguard your personal information, is available on our official website. By agreeing to this End User Software License Agreement, you also agree to the terms of our Privacy Policy.
We encourage you to read the Privacy Policy in full to understand our practices regarding your personal information before you start using the software. The Privacy Policy is an integral part of this Agreement and can be found at the following URL: [https://www.genki.co.jp/en/]
Please note that the Privacy Policy may be updated from time to time, and we recommend revisiting the policy periodically to stay informed about how we are protecting the information we collect.
Limited License Grant
Genki grants you a non-exclusive, non-transferable, limited right to use the software solely for private gameplay purposes. This license is provided under the condition that the software is not used for any commercial, promotional, institutional, or other non-personal purposes.
You are not permitted to sublicense, rent, lease, distribute, broadcast, transmit, or otherwise transfer rights to the software to any third party. Additionally, you may not modify, reverse engineer, decompile, disassemble, or create derivative works of the software, unless explicitly permitted by applicable law notwithstanding this limitation.
This limited license does not convey any title or ownership in the software, and is revocable by Genki at any time if you fail to comply with the terms of this Agreement.
Updates and Modifications
Genki continuously strives to improve your gaming experience. We may, from time to time, update or modify the software, including but not limited to, enhancing functionalities, adding new features, and correcting errors or bugs.
These updates or modifications may be offered either for free or for a fee, at Genki's sole discretion. You will have the option to accept or decline such updates. However, some updates may be mandatory and necessary for the continued use of the software. Failure to install these mandatory updates may affect the software's functionality and your ability to use certain features.
All updates and modifications are governed by this End User Software License Agreement, and your continued use of the software after such updates will constitute your acceptance of any changes brought by these updates.
Genki may at any time modify the software without yours consent or approval, and without any liability for any damages incurred by you due to such modification.
Authentication
To ensure proper license management and use of the software, Genki may require you to authenticate your copy of the software through a third-party platform (e.g. STEAM platform provided by Valve Corporation). This authentication process is designed to verify that your use of the software complies with the terms of this Agreement.
As part of the authentication process, you may be required to log in to the third-party platform. Please be aware that the software may only be activated and used in the geographic region or country where it was purchased. If you attempt to activate or use the software outside of the specified region or country, you may be unable to start or continue using the software.
This measure helps prevent unauthorized use and ensures that licensing terms are respected. By accepting this Agreement and using the software, you acknowledge and agree to these authentication requirements.
User Support
Genki is committed to providing support to enhance your gaming experience. If you encounter any issues or have questions regarding the software, you can reach out to our support team via email.
Please note the following regarding our support services:
- Contact Method: Support inquiries must be submitted through the designated email address provided by Genki.
- Response Discretion: Genki reserves the right to determine whether a response is necessary based on the nature of the inquiry.
- Content and Timing of Response: The content and timing of our responses are at Genki's sole discretion. While we strive to address your concerns promptly, response times may vary depending on the volume of inquiries and the complexity of the issues raised.
By using the software, you acknowledge and agree that the provision of support is at Genki’s discretion and that not all inquiries may receive a response.
Intellectual Property Rights
All intellectual property rights in and to the software are owned by Genki or its legitimate third-party licensors. The use of the software under this Agreement does not transfer any intellectual property rights to you. Instead, Genki grants you a limited license to use the software in accordance with the terms set forth herein.
You acknowledge that the software, including but not limited to its code, graphics, interfaces, and any related documentation, is protected by intellectual property laws and international treaties. You agree to respect all intellectual property rights in the software and not to infringe upon these rights.
Unauthorized reproduction, distribution, or modification of the software, or any part of it, is strictly prohibited and may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
By accepting this Agreement, you confirm your understanding that the intellectual property rights are owned by Genki or its rightful third-party licensors and that you are granted only a license to use the software, not ownership of any intellectual property.
Prohibited Actions
To ensure the integrity and fair use of the software, Genki strictly prohibits certain actions regarding the use of the software. By agreeing to this Agreement, you agree not to engage in the following activities:
- Copying and Modification: You may not copy, reproduce, modify, or create derivative works from the software, except as expressly authorized under this Agreement.
- Decompiling and Reverse Engineering: You are prohibited from decompiling, reverse engineering, or disassembling the software, or attempting to discover any source code or underlying algorithms of the software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Commercial Use: The software may not be used for any commercial purposes, including but not limited to operating a business, or in connection with a commercial enterprise.
- Commercial Events: You may not use the software in any commercial event or public performance without prior written consent from Genki.
- Exploiting Software Bugs: Intentionally exploiting known or unknown bugs or glitches in the software to gain an unfair advantage is strictly forbidden.
- Other acts that the Genki deems to be inappropriate.
Violations of these prohibitions can result in immediate termination of your license, legal action against you, and potential criminal penalties. These restrictions are intended to protect the software's intellectual property and to prevent abuses that could compromise the gaming experience for others.
Termination
This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling and deleting all copies of the software from your devices, thus discontinuing any further use of the software. Genki also reserves the right to terminate this Agreement at its discretion if you fail to comply with any of the terms and conditions set forth herein.
In the event of a breach of this Agreement by you, Genki reserves the right to terminate the Agreement if such breach is not remedied. Genki will provide notice of the breach either in writing or electronically, specifying the nature of the breach and demanding rectification. If you fail to comply with the terms of this notice and remedy the breach within the specified time frame, Genki may terminate this Agreement.
Upon termination, you must cease all use of the software and destroy all copies, full or partial, of the software that you possess. Genki may also take any action we deem necessary to enforce the Agreement and to protect our rights.
Export Controls
The software is subject to international export controls and economic sanctions laws and regulations. You agree to comply with all applicable national and international laws that apply to the software as well as end-user, end-use, and destination restrictions issued by national governments or international bodies.
You are prohibited from exporting, re-exporting, transmitting via the internet, or transferring the software to any country, region, entity or person that is subject to trade sanctions. This includes directly or indirectly providing the software to these countries, regions, entities or persons.
Disclaimer of Liability
Genki provides the software "as is" and makes no warranties or representations of any kind concerning the software, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Genki shall not be liable for any damages arising out of or related to your use or inability to use the software, except to the extent that such damages result from intentional misconduct or gross negligence on the part of Genki. This limitation applies to:
- Direct, indirect, incidental, consequential, special, or punitive damages;
- Damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
In the event that Genki is found liable for damages despite the foregoing limitations, and where liability results from Genki's negligence, the total liability of Genki shall be limited to the amount actually paid by you for the software. This limitation is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective.
By using this software, you acknowledge that you have read this section and understand that you assume all risk related to the use of the software, as permissible under applicable law.
Amendment of Terms
Genki reserves the right to modify or amend this Agreement at any time. Changes to the Agreement will be communicated to you by posting the updated terms on a third-party platform, the official software page, or directly within the game interface.
We aim to ensure that you are always informed of any changes, especially those that might materially affect your rights or obligations. To this end, if any forthcoming amendments result in a material disadvantage to you, Genki will provide advance notice of these changes before they take effect.
Your continued use of the software after any such changes have been posted confirms your acceptance of the updated Agreement. If you do not agree to the changes, you are free to discontinue using the software.
By agreeing to this Agreement, you acknowledge that you are responsible for regularly reviewing the Agreement to stay informed of any modifications.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Genki related to this Agreement shall be brought exclusively in the Tokyo District Court as the first instance court.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This section outlines general legal and jurisdictional terms:
- Governing Law: The Agreement is governed by the laws of Japan.
- Dispute Resolution: Any disputes arising under this Agreement will be resolved in court, with the Tokyo District Court as the exclusive venue.
- Severability: In the event that any of the provisions of this Agreement proves to be invalid or illegal, that will not in any way affect, impair or invalidate any other provision, and all other provisions of this Agreement will be in full force and effect.
By agreeing to this Agreement, you acknowledge that you understand and agree to these terms.