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1. LICENSE GRANT
Subject to your compliance with the terms of this EULA, Sailor Guns Club ("Developer") grants you a limited, non-exclusive, non-transferable, revocable license to access and use Night Wish for your personal, non-commercial entertainment purposes. This game is licensed, not sold, to you.
2. RESTRICTIONS
You agree not to, and you will not permit others to:
a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the game.
b) Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the game.
c) Extract or distribute any assets (including code, art, sound, and story) from the game without express written permission from the Developer.
d) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Sailor Guns Club or its affiliates.
3. INTELLECTUAL PROPERTY
All rights, title, and interest in and to Night Wish (including without limitation any code, materials, art, sound, story, characters, and other content) are owned by Sailor Guns Club. The game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
4. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
NIGHT WISH INCLUDES CODE, MATERIALS, AND OTHER CONTENT CREATED BY SAILOR GUNS CLUB (THE “MATERIALS”). ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. SAILOR GUNS CLUB DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL, AND WRITTEN) WITH RESPECT TO THE MATERIALS, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS OF ANY KIND, SUCH AS TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, AUTHORITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE, ACCURACY OR COMPLETENESS, RESULTS, REASONABLE CARE, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND LACK OF VIRUSES, WHETHER ALLEGED TO ARISE UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAILOR GUNS CLUB MAKES NO WARRANTY THAT (1) ANY OF THE MATERIALS WILL OPERATE PROPERLY, (2) THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED, BUG-FREE, OR ERROR-FREE IN ANY OR ALL CIRCUMSTANCES, (4) THAT ANY DEFECTS IN THE MATERIALS CAN OR WILL BE CORRECTED, (5) THAT THE MATERIALS ARE OR WILL BE IN COMPLIANCE WITH ANY PLATFORM MANUFACTURER’S RULES OR REQUIREMENTS, OR (6) THAT A PLATFORM MANUFACTURER HAS APPROVED OR WILL APPROVE NIGHT WISH, OR WILL NOT REVOKE APPROVAL OF NIGHT WISH FOR ANY OR NO REASON.
ANY WARRANTY AGAINST INFRINGEMENT IS EXPRESSLY DISCLAIMED BY SAILOR GUNS CLUB. SAILOR GUNS CLUB DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE, OR SECURE OPERATION OF OR ACCESS TO THE MATERIALS. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAILOR GUNS CLUB SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE MATERIALS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
IN NO EVENT WILL SAILOR GUNS CLUB BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE MATERIALS, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE MATERIALS, EVEN IN THE EVENT OF SAILOR GUNS CLUB’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, AND EVEN IF SAILOR GUNS CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SAILOR GUNS CLUB SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
5. GOVERNING LAW
This EULA and your use of the game are governed by the laws of the Republic of Korea, without regard to its conflict of law principles. Any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts located in the Republic of Korea.
Subject to your compliance with the terms of this EULA, Sailor Guns Club ("Developer") grants you a limited, non-exclusive, non-transferable, revocable license to access and use Night Wish for your personal, non-commercial entertainment purposes. This game is licensed, not sold, to you.
2. RESTRICTIONS
You agree not to, and you will not permit others to:
a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the game.
b) Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the game.
c) Extract or distribute any assets (including code, art, sound, and story) from the game without express written permission from the Developer.
d) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Sailor Guns Club or its affiliates.
3. INTELLECTUAL PROPERTY
All rights, title, and interest in and to Night Wish (including without limitation any code, materials, art, sound, story, characters, and other content) are owned by Sailor Guns Club. The game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
4. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
NIGHT WISH INCLUDES CODE, MATERIALS, AND OTHER CONTENT CREATED BY SAILOR GUNS CLUB (THE “MATERIALS”). ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. SAILOR GUNS CLUB DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL, AND WRITTEN) WITH RESPECT TO THE MATERIALS, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS OF ANY KIND, SUCH AS TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, AUTHORITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE, ACCURACY OR COMPLETENESS, RESULTS, REASONABLE CARE, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND LACK OF VIRUSES, WHETHER ALLEGED TO ARISE UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAILOR GUNS CLUB MAKES NO WARRANTY THAT (1) ANY OF THE MATERIALS WILL OPERATE PROPERLY, (2) THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED, BUG-FREE, OR ERROR-FREE IN ANY OR ALL CIRCUMSTANCES, (4) THAT ANY DEFECTS IN THE MATERIALS CAN OR WILL BE CORRECTED, (5) THAT THE MATERIALS ARE OR WILL BE IN COMPLIANCE WITH ANY PLATFORM MANUFACTURER’S RULES OR REQUIREMENTS, OR (6) THAT A PLATFORM MANUFACTURER HAS APPROVED OR WILL APPROVE NIGHT WISH, OR WILL NOT REVOKE APPROVAL OF NIGHT WISH FOR ANY OR NO REASON.
ANY WARRANTY AGAINST INFRINGEMENT IS EXPRESSLY DISCLAIMED BY SAILOR GUNS CLUB. SAILOR GUNS CLUB DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE, OR SECURE OPERATION OF OR ACCESS TO THE MATERIALS. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAILOR GUNS CLUB SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE MATERIALS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
IN NO EVENT WILL SAILOR GUNS CLUB BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE MATERIALS, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE MATERIALS, EVEN IN THE EVENT OF SAILOR GUNS CLUB’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, AND EVEN IF SAILOR GUNS CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SAILOR GUNS CLUB SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
5. GOVERNING LAW
This EULA and your use of the game are governed by the laws of the Republic of Korea, without regard to its conflict of law principles. Any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts located in the Republic of Korea.