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END USER LICENCE AGREEMENT
Last updated June 13, 2025
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This end user licence agreement ("Licence") is a legal agreement between you and Kotoko Inc. relating to the software programs made available by Kotoko (including the software programs known as "Bside" or other video games as Kotoko may publish whether existing now or in the future) and any updates, upgrades, patches or other modifications made to the software programs from time to time (collectively referred to as "Software").
Any reference to “Game” shall include Bside or other games as Kotoko may make available and including all updates, upgrades, additional content, variations and expansion packs for the purposes of this Licence.
In this Licence you, the user of the Software, are referred to as "you" "your", "yours" and in this agreement we are referred to as " Kotoko", "we", "us" or "our".
We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you and we remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
This Licence governs the terms on which the Software is made available to you and the permitted use by you. By downloading or accessing the Software in any way (whether as part of the creation of an Account (defined below) or not and whether on any Kotoko or third-party platform), you confirm that you are aged 16 years old or over and have read and accept the terms of this Licence, or if you are aged between 13 and 16, your parent or legal guardian has read and accepted the terms of this Licence. We may immediately terminate this Licence and stop your access to the Software if we are not satisfied that such acceptance by the parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this Licence together. Parents and legal guardians are responsible for the acts of children under 16 years of age when using the Software.
BY CLICKING ON THE “YES” OR “INSTALL” BUTTON, OR BY ACCESSING, DOWNLOADING OR INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR RELATED GAME IN ANY WAY, YOU AGREE TO THE TERMS OF THIS LICENCE (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGE THAT SUCH LICENCE TERMS ARE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, PLEASE CLICK THE “NO” OR “EXIT” BUTTON AND/OR DO NOT USE THE SOFTWARE IN ANY WAY. IN SUCH CIRCUMSTANCES WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE SOFTWARE IN ANY WAY WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS LICENCE.
You understand and agree that we may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this Licence shall be effective immediately and your continued use of the Software in any way (whether on any Kotoko or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time.
1. GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your personal and non-commercial use. To be clear, we consider the creation of an Account (defined below in Section 4) to access the Software in order to understand, analyse, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised Software or do anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this Licence.
1.2 When downloading and accessing the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider which you are solely responsible for.
2. RESTRICTIONS
2.1 Except as expressly set out in this Licence you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software (or any part of it), except where such copying is incidental to normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Software or any part of it, in any manner whatsoever;
e. exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose;
f. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such things, except to the extent that such actions cannot be prohibited by law; and
g. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed.
2.2 You must not use in connection with the Game any third-party software (including any game client which has not been developed by Kotoko or licensed under this Licence) which undertakes or enables any of the restricted activities specified at Section 2.1 above in relation to the Software.
2.3 Any use of the Software not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Software in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Software (as detailed below).
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
3.3 You acknowledge that you have no right in or have access to the Software in source code format unless otherwise as expressly provided within this Licence.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
4. ACCOUNTS
4.1 In order to access and use the Software and access the Game, you may be asked to register and open an account ("Account") and provide certain personal information such as, for example, your name and email address ("Registration"). Our Privacy Policy explains how such information may be collected and used.
4.2 Bside will allow you to create an AI character ("Biibit") and interactive simulated environments ("Spaces"). When creating a Space, you can: 1) Upload your own cover image and 2D map, 2) Customize the Space name and description visible to other users.
4.3 Kotoko and its affiliates do not audit, regulate, or approve Biibits and Spaces. Creation or use of a Biibit or Space is completely at your own risk, without liability to Kotoko or its affiliates and you will be solely responsible for any obligations, damages or losses which arise from such Biibits and Spaces.
4.4 You may not create a Biibit or Space that is considered:
a) pornographic, lewd, obscene, vulgar, discriminatory (based on any protected characteristic, including race, religion, gender, sexual orientation etc.), illegal, hate speech, promoting violence, promoting alcohol-use, promoting tobacco-use, gambling, promoting gambling, promoting drug use, an illegal activity or is otherwise objectional (at Kotoko’s discretion);
b) is considered misleading, intended to imitate, or actually imitates any content produced by Kotoko or its affiliates;
c) contains any malicious code (for example, spyware or viruses);
d) contains any intellectual property from any other games developed or published by Kotoko or its affiliates;
e) is likely to adversely impact the reputation or goodwill of Kotoko or its affiliates; or
f) is alleged to infringe or actually infringes the intellectual property rights of Kotoko, its affiliates or any third party.
4.5 Kotoko reserves the right to act without notice to remove any Biibits or Spaces that do not comply with Section 4.4 above or the Licence.
4.6 You agree to indemnify and hold Kotoko and its affiliates harmless from any damages, losses, claims, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, and compensation arising out of or in connection with any acts or omissions which constitute a breach by you of the Licence.
5. OTHER THIRD-PARTY SERVICES INTEGRATION AND THIRD-PARTY SOFTWARE ACKNOWLEDGMENTS
5.1 From time to time the Software may integrate with other third-party services or platforms.
5.2 These third-party services or platforms may generally require you to agree to the terms and conditions of such third-party supplier and set up a separate Account or register with the third-party supplier in order to receive the third-party services or platform(s). The terms on which those third-party services or platforms engage with you and share information or data with the Software or us, are specific to each third-party provider. You should make yourself aware of the terms and conditions of the third-party provider before agreeing to receive such third-party services or platforms.
6. FEES
6.1 You may access and use the Software free of charge, however, the subsequent Early Access version or full release may introduce Additional Services that require payment.
6.2 Additional services mean providing the user with additional, special in-game features for a fee under the conditions specified in the Licence. Additional services are not a necessary condition for participation in the Software and provide you with extra features beyond the scope of the Services. Additional services are provided by your request. Additional Services consist of the in-game currency that can be purchased by the User (in the game and / or from the Resources of Steam) and the game values that can be provided only when the user is in the game.
7. DISCLAIMER OF WARRANTIES
7.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. KOTOKO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
7.3 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.
8. LIMITATION OF LIABILITY
8.1 SUBJECT TO SECTION 8.3, KOTOKO SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, KOTOKO SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. KOTOKO SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL KOTOKO BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
8.2 The Software is provided to you free of charge under the terms of this Licence. To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the Subscription fees, relating to the Game, actually paid by you to Kotoko during the twelve (12) months prior to the date of the cause of action first arising.
9. TERMINATION
9.1 We may terminate this Licence and any user Account in the Game immediately if you commit a breach of this Licence.
9.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall immediately cease; (b) you must immediately cease all activities authorised by this Licence; (c) you must immediately delete or remove the Software from all computer equipment in your possession, and (d) your access to and use of the Game will immediately cease and be terminated.
10. GENERAL
10.1 Each of the warranties and conditions (or rights and obligations) of this Licence operates separately.
10.2 If any provision, or part provision, of this Licence, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Licence will not be affected.
10.3 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may not transfer or assign your rights and obligations under this Licence to a third party.
10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
10.5 This Licence shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region.
10.6 This Licence constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this Licence shall co-exist with, and shall not supersede, the Privacy Policy.
This Licence is drafted in the English language and may be translated into other languages. The English language version of this Licence shall prevail if there is a conflict or inconsistency or clarification required with other language versions.
10.7. If you have any questions regarding the Licence, please feel free to contact us at: 200 CONTINENTAL DRIVE STE 401, Newark, DE 19713, media@bside.zone.
Last updated June 13, 2025
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This end user licence agreement ("Licence") is a legal agreement between you and Kotoko Inc. relating to the software programs made available by Kotoko (including the software programs known as "Bside" or other video games as Kotoko may publish whether existing now or in the future) and any updates, upgrades, patches or other modifications made to the software programs from time to time (collectively referred to as "Software").
Any reference to “Game” shall include Bside or other games as Kotoko may make available and including all updates, upgrades, additional content, variations and expansion packs for the purposes of this Licence.
In this Licence you, the user of the Software, are referred to as "you" "your", "yours" and in this agreement we are referred to as " Kotoko", "we", "us" or "our".
We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you and we remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
This Licence governs the terms on which the Software is made available to you and the permitted use by you. By downloading or accessing the Software in any way (whether as part of the creation of an Account (defined below) or not and whether on any Kotoko or third-party platform), you confirm that you are aged 16 years old or over and have read and accept the terms of this Licence, or if you are aged between 13 and 16, your parent or legal guardian has read and accepted the terms of this Licence. We may immediately terminate this Licence and stop your access to the Software if we are not satisfied that such acceptance by the parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this Licence together. Parents and legal guardians are responsible for the acts of children under 16 years of age when using the Software.
BY CLICKING ON THE “YES” OR “INSTALL” BUTTON, OR BY ACCESSING, DOWNLOADING OR INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR RELATED GAME IN ANY WAY, YOU AGREE TO THE TERMS OF THIS LICENCE (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGE THAT SUCH LICENCE TERMS ARE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, PLEASE CLICK THE “NO” OR “EXIT” BUTTON AND/OR DO NOT USE THE SOFTWARE IN ANY WAY. IN SUCH CIRCUMSTANCES WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE SOFTWARE IN ANY WAY WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS LICENCE.
You understand and agree that we may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this Licence shall be effective immediately and your continued use of the Software in any way (whether on any Kotoko or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time.
1. GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your personal and non-commercial use. To be clear, we consider the creation of an Account (defined below in Section 4) to access the Software in order to understand, analyse, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised Software or do anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this Licence.
1.2 When downloading and accessing the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider which you are solely responsible for.
2. RESTRICTIONS
2.1 Except as expressly set out in this Licence you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software (or any part of it), except where such copying is incidental to normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Software or any part of it, in any manner whatsoever;
e. exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose;
f. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such things, except to the extent that such actions cannot be prohibited by law; and
g. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed.
2.2 You must not use in connection with the Game any third-party software (including any game client which has not been developed by Kotoko or licensed under this Licence) which undertakes or enables any of the restricted activities specified at Section 2.1 above in relation to the Software.
2.3 Any use of the Software not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Software in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Software (as detailed below).
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
3.3 You acknowledge that you have no right in or have access to the Software in source code format unless otherwise as expressly provided within this Licence.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
4. ACCOUNTS
4.1 In order to access and use the Software and access the Game, you may be asked to register and open an account ("Account") and provide certain personal information such as, for example, your name and email address ("Registration"). Our Privacy Policy explains how such information may be collected and used.
4.2 Bside will allow you to create an AI character ("Biibit") and interactive simulated environments ("Spaces"). When creating a Space, you can: 1) Upload your own cover image and 2D map, 2) Customize the Space name and description visible to other users.
4.3 Kotoko and its affiliates do not audit, regulate, or approve Biibits and Spaces. Creation or use of a Biibit or Space is completely at your own risk, without liability to Kotoko or its affiliates and you will be solely responsible for any obligations, damages or losses which arise from such Biibits and Spaces.
4.4 You may not create a Biibit or Space that is considered:
a) pornographic, lewd, obscene, vulgar, discriminatory (based on any protected characteristic, including race, religion, gender, sexual orientation etc.), illegal, hate speech, promoting violence, promoting alcohol-use, promoting tobacco-use, gambling, promoting gambling, promoting drug use, an illegal activity or is otherwise objectional (at Kotoko’s discretion);
b) is considered misleading, intended to imitate, or actually imitates any content produced by Kotoko or its affiliates;
c) contains any malicious code (for example, spyware or viruses);
d) contains any intellectual property from any other games developed or published by Kotoko or its affiliates;
e) is likely to adversely impact the reputation or goodwill of Kotoko or its affiliates; or
f) is alleged to infringe or actually infringes the intellectual property rights of Kotoko, its affiliates or any third party.
4.5 Kotoko reserves the right to act without notice to remove any Biibits or Spaces that do not comply with Section 4.4 above or the Licence.
4.6 You agree to indemnify and hold Kotoko and its affiliates harmless from any damages, losses, claims, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, and compensation arising out of or in connection with any acts or omissions which constitute a breach by you of the Licence.
5. OTHER THIRD-PARTY SERVICES INTEGRATION AND THIRD-PARTY SOFTWARE ACKNOWLEDGMENTS
5.1 From time to time the Software may integrate with other third-party services or platforms.
5.2 These third-party services or platforms may generally require you to agree to the terms and conditions of such third-party supplier and set up a separate Account or register with the third-party supplier in order to receive the third-party services or platform(s). The terms on which those third-party services or platforms engage with you and share information or data with the Software or us, are specific to each third-party provider. You should make yourself aware of the terms and conditions of the third-party provider before agreeing to receive such third-party services or platforms.
6. FEES
6.1 You may access and use the Software free of charge, however, the subsequent Early Access version or full release may introduce Additional Services that require payment.
6.2 Additional services mean providing the user with additional, special in-game features for a fee under the conditions specified in the Licence. Additional services are not a necessary condition for participation in the Software and provide you with extra features beyond the scope of the Services. Additional services are provided by your request. Additional Services consist of the in-game currency that can be purchased by the User (in the game and / or from the Resources of Steam) and the game values that can be provided only when the user is in the game.
7. DISCLAIMER OF WARRANTIES
7.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. KOTOKO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
7.3 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.
8. LIMITATION OF LIABILITY
8.1 SUBJECT TO SECTION 8.3, KOTOKO SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, KOTOKO SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. KOTOKO SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL KOTOKO BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
8.2 The Software is provided to you free of charge under the terms of this Licence. To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the Subscription fees, relating to the Game, actually paid by you to Kotoko during the twelve (12) months prior to the date of the cause of action first arising.
9. TERMINATION
9.1 We may terminate this Licence and any user Account in the Game immediately if you commit a breach of this Licence.
9.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall immediately cease; (b) you must immediately cease all activities authorised by this Licence; (c) you must immediately delete or remove the Software from all computer equipment in your possession, and (d) your access to and use of the Game will immediately cease and be terminated.
10. GENERAL
10.1 Each of the warranties and conditions (or rights and obligations) of this Licence operates separately.
10.2 If any provision, or part provision, of this Licence, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Licence will not be affected.
10.3 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may not transfer or assign your rights and obligations under this Licence to a third party.
10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
10.5 This Licence shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region.
10.6 This Licence constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this Licence shall co-exist with, and shall not supersede, the Privacy Policy.
This Licence is drafted in the English language and may be translated into other languages. The English language version of this Licence shall prevail if there is a conflict or inconsistency or clarification required with other language versions.
10.7. If you have any questions regarding the Licence, please feel free to contact us at: 200 CONTINENTAL DRIVE STE 401, Newark, DE 19713, media@bside.zone.