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This End-User License Agreement ("Agreement" or "EULA") is a legally binding agreement governing your access to and use of the game Defend The Dungeon and related services (hereinafter the "Services"), provided by the team 'Earth Heroes Games'. The Licensor is a team based in Republic of Korea. The person using the Services (hereinafter the "Licensee") may access and use the Services by connecting to the Licensor's client system (hereinafter the "System") through the software provided by the Licensor (hereinafter the "Software"). By installing, accessing, or using the Services, the Licensee is deemed to have agreed to the terms of this EULA.
This Agreement governs (i) the use of the Software, (ii) subscription to and use of the Services, and (iii) access to the System. The Licensor reserves the right, at its sole discretion, to modify all or part of this Agreement, and notice of such modifications will be provided through the Services, the Licensor's official website, or the digital distribution platform ("Platform") where the Services are offered (e.g., PlayStation Store, Steam). The Licensee is responsible for periodically reviewing any modifications to this Agreement, and the Licensee's continued access to the System and use of the Services after notice of changes to the Agreement shall be deemed acceptance of the revised Agreement.
By clicking the "Agree" button below to access or use the Services, the Licensee represents and warrants that they have read, understood, and agree to be legally bound by all the terms of this EULA. If the Licensee does not agree to these terms, they may reject the terms by clicking the "Disagree" button and may not access the System or use the Services.
1. Requirements for Use of the Services
As a precondition for using the Services, the Licensee may be required to download or install the Software and, in some cases, create an account or game data within the Services. The Licensee must comply with all the terms of this EULA.
2. Account Provisions (If Applicable)
The provisions of this section apply only to Services that require a user account ("Account").
In the event of any conflict, inconsistency, or ambiguity between the account policies set forth in this document and those stipulated by the Platform, the Platform's policies shall prevail.
Only individuals who have reached the age of majority under applicable law, or minors who have received valid consent and are under the supervision of a duly authorized legal guardian or representative, may create an Account. The Licensee expressly acknowledges and agrees that they are solely responsible for all consequences arising from their Account.
The Licensee must maintain the confidentiality of the Account and shall not share it with any third party or permit any person other than the Licensee (or the minor for whom a legal guardian or representative created the Account) to access or use the Account. The joint use or sharing of an Account by multiple users is expressly prohibited.
The Account must be set up and used for personal, non-commercial purposes only. Access to the System and utilization of the Services are permitted solely for personal use and enjoyment and shall not be used for commercial activities or financial gain. Setting up an Account on behalf of a legal entity or business, accessing the System, or using the Services for commercial purposes or to obtain commercial benefits is expressly prohibited.
Account Termination/Restriction on Account Transfer:
The Licensee may not transfer all or part of the Account to any third party. If the Licensee wishes to terminate the Account, they must comply with the provisions of Section 4 of this Agreement.
All liability and obligations arising from the transfer or attempted transfer of Account privileges to any person other than the registered Account owner shall rest solely with the parties involved in such transaction, and the Licensor shall bear no responsibility whatsoever. The Licensor shall not be legally liable for any acts, claims, liabilities, debts, obligations, defaults, omissions, or other responsibilities arising from or related to transactions between parties. Furthermore, the Licensor reserves the right to take any action it deems appropriate, including Account suspension or termination, in accordance with the Licensor's policies if any unauthorized or improper activity is detected.
3. Fees and Payment Terms
Use of the Services generally does not require additional payment. However, access to certain optional content may require the payment of download fees or subscription fees. Information regarding all applicable fees and charges, including content purchases, will be readily available to the Licensee during the initial purchase process, and details about special items within the Services will be provided to the Licensee before purchase. The Licensee can verify payment costs and details through payment history information on the Platform, account information, or the payment processor. The Licensor reserves the right, at its sole discretion, to modify the aforementioned fees and payment terms.
The Licensee may purchase Service-related content in accordance with the policies and procedures established by each Platform. All payment matters related to purchases, content use, and applicable refunds through the Platform shall be governed by the Platform's policies, and no refunds will be provided except as expressly stipulated in this Agreement or as required by applicable law. The Licensee may access additional content by paying the applicable fees, and certain content may be available for a limited period. If the Licensee fails to make a payment or chooses to discontinue payment, access to the corresponding content may be immediately restricted or terminated.
The Licensee is obligated to check for any changes to the fees and payment terms, and continued use of the Services shall be deemed acceptance of such modifications. If the Licensee does not agree to the changes in fees and payment terms, they may discontinue payment, at which point access to the corresponding content may be immediately restricted or terminated. The Licensee is solely responsible for all fees and costs associated with the payment of the aforementioned charges, including but not limited to all applicable taxes, hardware and software costs, internet connection fees, and subscription fees.
4. Termination and Account Suspension
A. Termination of Services by the Licensor
The Licensor does not guarantee uninterrupted access to the System or the Services. The Licensor reserves the right, at its sole discretion, to discontinue all or part of the Services at any time for any reason. The Licensor may terminate this EULA and revoke all rights granted herein, and the Licensor must provide notice of termination of the Services at least thirty (30) days prior to the effective date of termination through one or more of the following methods: (i) a notice displayed during the use of the System; (ii) a post on the Licensor's official website; (iii) an email sent to the address associated with the Account; or (iv) any other means of communication deemed appropriate by the Licensor.
B. Violation or Misconduct by the Licensee
(1) Restriction of Access to the Services
The Licensor may restrict access to the System for any user without prior notice, to the extent such restriction is not prohibited by applicable law. Restrictions may be imposed in the following circumstances: (i) if the Licensee violates this EULA (including related rules and guidelines); or (ii) if the Licensee accesses the System or the Services in a manner not expressly authorized by the Licensor.
(2) Termination of EULA
The Licensor may terminate this EULA and revoke all rights granted to the Licensee. Termination of this EULA may occur in the following circumstances: (i) if the Licensor determines that it cannot verify or authenticate the Licensee's information; (ii) if the Licensee violates this EULA or uses the System or Software without authorization; or (iii) if the Licensee's conduct in the Services, chat features, or other activities is deemed inappropriate, offensive, or in violation of the rules of use. The termination of this EULA shall take effect immediately upon delivery of notice to the Licensee by email or other reasonable means.
The Licensee is not guaranteed a right to a refund upon termination under this EULA, unless otherwise stipulated by applicable law.
C. Termination by the Licensee
(1) Termination by the Licensee
The Licensee may terminate this EULA by providing written notice to the Licensor via email. The Licensee acknowledges that they are not guaranteed a refund of any fees or payments upon such termination, except where a refund is required by applicable law.
(2) Modification of EULA
The Licensee has the right to reject a modified version of this EULA. The Licensee should carefully review any modifications to this EULA, and if they do not agree with the revised EULA, they may terminate the user agreement. If the Licensee does not provide notice of rejection of the modified EULA before its effective date, they will be deemed to have accepted the modified EULA. Furthermore, by selecting the "Agree" button for the EULA or by accessing the System or the Services after the modifications take effect, the Licensee will be deemed to have accepted the modified EULA and to have waived their right to accept the modified terms and terminate this Agreement as provided in this section.
D. Consequences of Termination
Upon termination of this EULA, all rights granted to the Licensee will immediately cease. After termination, the Licensee may no longer use the Software and may not access the System or the Services.
Restrictions imposed due to the Licensee's fault will apply equally to other accounts using the same credentials, including but not limited to the same name, phone number, email address, IP address, and credit card number.
5. Restricted Acts
A. Prohibited Acts
The Licensee is responsible for maintaining lawful and ethical conduct to ensure continued access to the System and the Services. Without limiting the Licensor's authority to control the Services and the scope of acceptable user behavior, the Licensor prohibits any action that may negatively impact the user experience of the Services.
The following acts are specifically prohibited:
(1) Placing an unreasonable or disproportionate load on the System without just cause;
(2) Modifying or altering the operation or content of the Services through unauthorized software applications;
(3) Using software applications, macros, or automated keystrokes to acquire scores, virtual currency, items, features, ranks, or positions in an unauthorized manner. Manipulating the user interface or service data to obtain items, objects, features, or advantages through abnormal methods;
(4) Creating or distributing programs that provide unauthorized access to the System or the Services through programs that bypass the System login or through software or information obtained via system data mining;
(5) Posting materials in chat windows or public forums that could lead to civil liability, including harassment, violence, threats, defamatory or obscene content, and infringement of intellectual property rights;
(6) Transferring or receiving characters, virtual currency, or items acquired, created, or duplicated through unauthorized methods.
B. Restrictions on Sale of Items and Objects
The Licensee is prohibited from transferring, selling, auctioning, or purchasing content within the Services for commercial gain or offering transactions to third parties for commercial purposes. The trading of characters, character features, items, virtual currency, and objects is prohibited. The Licensee shall not encourage or induce third parties to participate in transactions or to use, transfer, or distribute Service assets for use in gambling activities operated by third parties. The Licensee is prohibited from buying or selling (or attempting to buy or sell) characters, character features, items, virtual currency, or objects through online auctions, newsgroups, message boards, or similar platforms. Such acts constitute a material breach of this EULA and an infringement of the Licensor's exclusive rights.
6. Data Collection and Monitoring
The 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 related to the Licensee's access device, including device specifications and operating system information. In the event of a system error or crash, the Licensor may collect crash report data for diagnostic and corrective purposes. Where applicable and permitted by law, the Licensor may collect online account data, including the email address, username, and usage activity logs associated with the Licensee's account.
The Licensor reserves the right to anonymize and/or pseudonymize data and to aggregate it with data collected from other users of the Services, and may share such aggregated data with partners for analytical and business purposes. The Licensor shall retain the collected data for the period necessary to achieve the purposes stated herein or as required by applicable laws and regulations, including data retention requirements. The Licensee may have the right to exercise certain opt-out options for specific data collection practices, as detailed in the Licensor's Privacy Policy.
By using the Services, the Licensee consents to the data collection, processing, and utilization practices described in this section and in the Licensor's Privacy Policy, which is incorporated herein by reference.
Furthermore, the Licensor reserves the right to implement hardware monitoring mechanisms to verify that the Licensee is using authorized software in connection with accessing the Services and/or the System. The Licensor may also use technical measures to verify the Licensee's compliance with the provisions of Section 5 of this Agreement, including the detection and identification of unauthorized software applications developed by the Licensee or third parties for the purpose of circumventing or modifying the Services or the 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 using the Services, as seizures may occur even if they have no prior history of such a condition. If the Licensee has a history of seizures or photosensitivity, it is recommended that they consult a medical professional before using the Services.
8. License
A. Grant of Software License
Subject to the terms of this EULA, the Licensor grants the Licensee a limited, non-exclusive, non-transferable, and revocable license to use the Software and accompanying documentation.
B. License to Access the System for Gameplay
The Licensor grants to the Licensee who complies with the terms of this EULA a limited, non-exclusive, non-transferable, and revocable license to access and utilize the System for gameplay and to access User-Generated Content (as defined below). Through an active Account, the Licensee may download and exchange content and User-Generated Content within the Services, subject to the restrictions imposed by the System. All such use must 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 the Licensor. No license, permission, right of access, or title is implicitly granted to the Licensee.
All information obtained through the System may only be used for the purpose of utilizing the Services. The Licensee is prohibited from uploading, downloading, or utilizing any information accessed or obtained from the System except as expressly permitted in this EULA.
The 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 accompanying documentation. The Licensee may not transfer the Software except as expressly provided in this EULA.
The Licensee may not copy, distribute, rent, lease, modify, or create derivative works of any information accessible through the System, including Service content, User-Generated Content, items, objects, or characters registered within the Services, nor may they adapt, translate, perform, publish, transmit, or reuse such information. The Licensee may only modify Service content and User-Generated Content within the Services to the extent expressly permitted by the System.
Extracting source code from the Software or System information (including data packets transmitted over the network) is strictly prohibited. Disassembling, decompiling, reverse-engineering, analyzing, or decrypting packet stream encoded data packets, whether encrypted or not, or attempting to do so, or authorizing, enabling, or permitting a third party to engage in such activities, is strictly prohibited. The Licensee expressly waives any legal rights they may have to engage in such activities. The Licensee shall not circumvent or disable any license management technology integrated into the Software and/or the System.
D. Software Updates
The Licensor may update or modify the Software from time to time. The Licensee agrees that the Licensor may collect and utilize the following data: (i) hardware system profile data; (ii) file directory information collected during access to the Services and the System; and (iii) information related to hardware and Service usage.
E. Distribution of New Software
The Licensee is not obligated to use any new software, expansion packs, updates, upgrades, or additional content provided by the Licensor. However, the Licensor may distribute such content at its sole discretion. The Licensor may update, upgrade, and improve the Software without prior consultation with the Licensee. The Licensor may require the Licensee to install updated software as a condition of continued use of the Services. The Licensor shall provide information to the Licensee about new software releases and provide a reasonable period for the Licensee to download and install such software. The Licensee must install and run the new software within the specified period to access the System or utilize the Services. The Licensor is not responsible for the Licensee's failure to install the software within the specified period, and a refund of previously paid fees is not guaranteed.
9. Ownership
A. Ownership of Software, System, and Services
As between the Licensee and the Licensor, the Licensor holds exclusive ownership of the Software, the System, the Services, and the content of the Services (as defined below). All Software, the System, the Services, and the content of the Services are protected by copyright, trademark, and other applicable laws. The Licensor expressly reserves all rights not expressly granted herein.
The Services consist of software code, programs, routines, subroutines, objects, files, data, characters (including items related to accounts and characters, virtual currency, objects, and features), graphics, sound effects, music, animations, videos, text, content, layouts, designs, and other information. All of the items listed above ("Content of the Services") can be accessed and downloaded through the System. The Licensor, its copyright holders, and/or suppliers retain all rights, title, and interest in and to the Software, the System, the Services, and the Content of the Services, including all applicable intellectual property rights. Except for the limited license expressly granted herein, no rights are transferred to the Licensee.
B. Rights to Certain Content
The Licensee acknowledges and agrees that they have no ownership rights in the results of their use of the Services. The Licensor retains all rights, title, and interest in and to all companies, activities, groups, titles, and characters, as well as all objects, virtual currency, and items acquired thereby, including all related copyrights and intellectual property rights. These rights are expressly reserved by the Licensor under this Agreement.
The Licensor may utilize information about characters registered to the Licensee's Account (e.g., in charts, lists, and other derivative works, excluding personal information), provided that it does not infringe upon the Licensee's privacy rights.
The Licensee hereby assigns to the Licensor all copyrights, title, and other rights to all information (including all files, data, and information) exchanged, transmitted, or uploaded during the Licensee's use of the System or the Services. The Licensor may transfer data and information related to items acquired, created, or traded by any company, group, title, character, or character registered to an Account. If such rights cannot be assigned, the Licensee grants to the Licensor a worldwide, exclusive, perpetual, irrevocable, royalty-free license, with the right to grant sublicenses in multiple tiers, to exercise all intellectual property rights and other rights in such information. The foregoing shall apply to all subsequent content development. This provision does not apply to User Content (as defined below).
C. User Content
The System may provide chat channels, message boards, and other communication spaces ("User Content") for users to exchange information.
All User Content transmitted through the System shall not: (i) violate any applicable laws, statutes, regulations, or rules; (ii) infringe upon the intellectual property rights, proprietary rights, privacy rights, or publicity rights of any third party; (iii) contain offensive, obscene, or indecent content, child pornography, or content harmful to minors; (iv) contain viruses, Trojan horses, disabling codes, worms, time bombs, clear GIFs, cancelbots, or other programs or routines, information, packets, or personal information designed to damage, monitor, intercept, or gain unauthorized access to data.
If User Content violates this EULA or could expose other users, the Licensor, or its suppliers to legal liability, the Licensor may, in its sole discretion, take any action it deems appropriate. Furthermore, the Licensor may take appropriate action if it deems that the interests or rights of other users, the Licensor, its suppliers, internet service providers, or users of the Service have been compromised, or if it determines that its reputation has been harmed.
The Licensee grants to the Licensor a worldwide, sublicensable, exclusive, perpetual, unlimited, irrevocable, royalty-free license to exercise all intellectual property rights and other rights in the User Content. The foregoing license shall apply to all subsequently developed content.
Infringement of the Licensor's exclusive rights constitutes a material breach of this EULA, and the Licensor may terminate the Licensee's access to the Services or the terms. In addition, the Licensor may take other actions it deems appropriate under the circumstances. The foregoing remedies shall not be prejudiced by any other legal remedies or rights available to the Licensor, and the relevant information shall survive the termination of this EULA.
10. Disclaimer of Warranties
THE SOFTWARE, SYSTEM, SERVICES, CONTENT OF THE SERVICES, AND ALL RELATED DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LICENSEE ASSUMES ALL RISKS ASSOCIATED WITH THE ACCESS TO AND USE OF THE SYSTEM AND SERVICES.
THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT ACCESS TO THE SYSTEM OR THE EXECUTION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, THE LICENSOR DOES NOT WARRANT THAT THE SYSTEM OR THE SOFTWARE WILL BE COMPATIBLE WITH THE LICENSEE'S HARDWARE OR SOFTWARE CONFIGURATION.
THE LICENSOR SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SYSTEM BUT DOES NOT GUARANTEE ITS CONTINUOUS AVAILABILITY. THE SYSTEM MAY BECOME UNAVAILABLE DUE TO SYSTEM MAINTENANCE, NEW SOFTWARE RELEASES, EMERGENCIES, EQUIPMENT MALFUNCTIONS, OR NETWORK INTERRUPTIONS.
11. Indemnity from Liability
IN NO EVENT SHALL THE LICENSOR, ITS COPYRIGHT OWNERS, 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 THE USE OF THE SYSTEM, SOFTWARE, SERVICES, CONTENT OF THE SERVICES, OR USER CONTENT BY THE LICENSEE OR ANY THIRD PARTY, 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 STATED IN THIS AGREEMENT, THE LICENSOR'S LIABILITY FOR ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA, THE SOFTWARE, THE SYSTEM, THE SERVICES, THE CONTENT OF THE SERVICES, OR USER CONTENT SHALL BE LIMITED TO THE AMOUNT OF FEES EXPRESSLY PAID BY THE LICENSEE TO THE LICENSOR DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
IF THE LICENSOR BREACHES ITS OBLIGATION TO PROVIDE THE LICENSEE WITH ACCESS TO AND USE OF THE SYSTEM, SERVICES, CONTENT OF THE SERVICES, OR USER CONTENT, THE LICENSEE'S SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO A REFUND OF THE LESSER OF (I) THE FEES EXPRESSLY PAID BY THE LICENSEE FOR THE PERIOD DURING WHICH ACCESS WAS UNAVAILABLE, OR (II) THE FEES EXPRESSLY PAID BY THE LICENSEE DURING 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 HELD TO BE INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, THE 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
The Licensee agrees to indemnify, defend, and hold harmless the **Licensor (including the team 'Earth Heroes' and all its team members)**, its copyright owners, suppliers, and its agents or contractors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (i) the Licensee's use or misuse of the Software; (ii) the Licensee's access to the System; or (iii) the Licensee's use of the Services.
14. EULA Modification
This EULA, any limited warranty accompanying the Services (if any), and the Licensor's Privacy Policy may be modified or amended from time to time and constitute the entire agreement and understanding between the Licensee and the Licensor with respect to the subject matter of this Agreement, and supersede all prior or contemporaneous communications and proposals (whether oral or written) relating to such subject matter. The Licensor may modify this EULA at any time by posting the revised EULA on the Services, the Licensor's website, or the Platform. The Licensee's continued access to the System or use of the Services after the posting of the revised EULA shall be deemed the Licensee's acceptance of such modifications. If the Licensee objects to any modification of this EULA that materially alters the terms of this Agreement, the Licensee may terminate this EULA in accordance with Section 4 of this Agreement.
15. Governing Law and Jurisdiction
This Agreement and any dispute, controversy, or claim arising out of or in connection with 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 law principles. The Licensor and the Licensee agree to submit to the exclusive jurisdiction of the courts located in Seoul, Republic of Korea, for the resolution of any such dispute, controversy, or claim. Any agreement between the Licensor and the Licensee to resolve a dispute, difference, or controversy through alternative dispute resolution mechanisms, such as arbitration or mediation, shall be specifically enforceable.
A. Entire Agreement and Severability
This Agreement constitutes the entire agreement and understanding between the Licensor and the Licensee with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral or written) between the parties relating to such subject matter. Any terms and conditions contained in a purchase order or other written instrument submitted by the Licensee that are inconsistent with or in addition to the terms of this Agreement shall be of no effect and shall not be binding on the Licensor, regardless of whether the Licensor has accepted 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 amended 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 expressly excluded.
B. Export Compliance
The Licensee agrees and acknowledges that they will comply with all applicable export control laws and regulations. The Licensee shall not, directly or indirectly, export or re-export the Software or the Services to any country or person in violation of such laws and regulations. The Licensee represents and warrants that they are not a person with whom the Licensor is prohibited from transacting under applicable law. The Licensee shall obtain and comply with all necessary government approvals before exporting or re-exporting the Software or the Services.
16. Miscellaneous Provisions
If any provision of this EULA is held to be invalid or unenforceable, such provision shall be construed in accordance with applicable law to reflect, as nearly as possible, the original intention of the parties. The remaining provisions shall remain in full force and effect. If modification of the invalid provision is not possible, it shall be severed from this EULA, and the remaining provisions shall continue in full force and effect.
The failure or delay of the Licensor to exercise any right or remedy under this EULA shall not constitute a waiver of such right or remedy, and the single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy.
The Licensee shall comply with all applicable laws and regulations governing their access to and use of the System, the Software, and the Services. Without limiting the generality of the foregoing, the Licensee shall not download, use, export, or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
The Licensee acknowledges that any translation of this EULA is provided for informational purposes only, and that the English version of this EULA shall prevail in the event of any conflict between a translation and the English version.
Except as expressly provided in this Agreement, the Licensee may not assign or transfer this EULA or any rights or obligations hereunder. Any such attempt is void. This EULA, including the rules of conduct mentioned and the fees and payment terms that may be amended by the Licensor from time to time, constitutes the complete agreement and understanding between the Licensor and the Licensee with respect to the subject matter hereof.
All notices required or permitted to be given under this EULA shall be delivered to the Licensor via email at **dobana12345@naver.com**, unless otherwise specified in this EULA.
By using the Services, you acknowledge that you have carefully read, fully understood, and expressly agree to be legally bound by the terms of this Agreement.
This Agreement governs (i) the use of the Software, (ii) subscription to and use of the Services, and (iii) access to the System. The Licensor reserves the right, at its sole discretion, to modify all or part of this Agreement, and notice of such modifications will be provided through the Services, the Licensor's official website, or the digital distribution platform ("Platform") where the Services are offered (e.g., PlayStation Store, Steam). The Licensee is responsible for periodically reviewing any modifications to this Agreement, and the Licensee's continued access to the System and use of the Services after notice of changes to the Agreement shall be deemed acceptance of the revised Agreement.
By clicking the "Agree" button below to access or use the Services, the Licensee represents and warrants that they have read, understood, and agree to be legally bound by all the terms of this EULA. If the Licensee does not agree to these terms, they may reject the terms by clicking the "Disagree" button and may not access the System or use the Services.
1. Requirements for Use of the Services
As a precondition for using the Services, the Licensee may be required to download or install the Software and, in some cases, create an account or game data within the Services. The Licensee must comply with all the terms of this EULA.
2. Account Provisions (If Applicable)
The provisions of this section apply only to Services that require a user account ("Account").
In the event of any conflict, inconsistency, or ambiguity between the account policies set forth in this document and those stipulated by the Platform, the Platform's policies shall prevail.
Only individuals who have reached the age of majority under applicable law, or minors who have received valid consent and are under the supervision of a duly authorized legal guardian or representative, may create an Account. The Licensee expressly acknowledges and agrees that they are solely responsible for all consequences arising from their Account.
The Licensee must maintain the confidentiality of the Account and shall not share it with any third party or permit any person other than the Licensee (or the minor for whom a legal guardian or representative created the Account) to access or use the Account. The joint use or sharing of an Account by multiple users is expressly prohibited.
The Account must be set up and used for personal, non-commercial purposes only. Access to the System and utilization of the Services are permitted solely for personal use and enjoyment and shall not be used for commercial activities or financial gain. Setting up an Account on behalf of a legal entity or business, accessing the System, or using the Services for commercial purposes or to obtain commercial benefits is expressly prohibited.
Account Termination/Restriction on Account Transfer:
The Licensee may not transfer all or part of the Account to any third party. If the Licensee wishes to terminate the Account, they must comply with the provisions of Section 4 of this Agreement.
All liability and obligations arising from the transfer or attempted transfer of Account privileges to any person other than the registered Account owner shall rest solely with the parties involved in such transaction, and the Licensor shall bear no responsibility whatsoever. The Licensor shall not be legally liable for any acts, claims, liabilities, debts, obligations, defaults, omissions, or other responsibilities arising from or related to transactions between parties. Furthermore, the Licensor reserves the right to take any action it deems appropriate, including Account suspension or termination, in accordance with the Licensor's policies if any unauthorized or improper activity is detected.
3. Fees and Payment Terms
Use of the Services generally does not require additional payment. However, access to certain optional content may require the payment of download fees or subscription fees. Information regarding all applicable fees and charges, including content purchases, will be readily available to the Licensee during the initial purchase process, and details about special items within the Services will be provided to the Licensee before purchase. The Licensee can verify payment costs and details through payment history information on the Platform, account information, or the payment processor. The Licensor reserves the right, at its sole discretion, to modify the aforementioned fees and payment terms.
The Licensee may purchase Service-related content in accordance with the policies and procedures established by each Platform. All payment matters related to purchases, content use, and applicable refunds through the Platform shall be governed by the Platform's policies, and no refunds will be provided except as expressly stipulated in this Agreement or as required by applicable law. The Licensee may access additional content by paying the applicable fees, and certain content may be available for a limited period. If the Licensee fails to make a payment or chooses to discontinue payment, access to the corresponding content may be immediately restricted or terminated.
The Licensee is obligated to check for any changes to the fees and payment terms, and continued use of the Services shall be deemed acceptance of such modifications. If the Licensee does not agree to the changes in fees and payment terms, they may discontinue payment, at which point access to the corresponding content may be immediately restricted or terminated. The Licensee is solely responsible for all fees and costs associated with the payment of the aforementioned charges, including but not limited to all applicable taxes, hardware and software costs, internet connection fees, and subscription fees.
4. Termination and Account Suspension
A. Termination of Services by the Licensor
The Licensor does not guarantee uninterrupted access to the System or the Services. The Licensor reserves the right, at its sole discretion, to discontinue all or part of the Services at any time for any reason. The Licensor may terminate this EULA and revoke all rights granted herein, and the Licensor must provide notice of termination of the Services at least thirty (30) days prior to the effective date of termination through one or more of the following methods: (i) a notice displayed during the use of the System; (ii) a post on the Licensor's official website; (iii) an email sent to the address associated with the Account; or (iv) any other means of communication deemed appropriate by the Licensor.
B. Violation or Misconduct by the Licensee
(1) Restriction of Access to the Services
The Licensor may restrict access to the System for any user without prior notice, to the extent such restriction is not prohibited by applicable law. Restrictions may be imposed in the following circumstances: (i) if the Licensee violates this EULA (including related rules and guidelines); or (ii) if the Licensee accesses the System or the Services in a manner not expressly authorized by the Licensor.
(2) Termination of EULA
The Licensor may terminate this EULA and revoke all rights granted to the Licensee. Termination of this EULA may occur in the following circumstances: (i) if the Licensor determines that it cannot verify or authenticate the Licensee's information; (ii) if the Licensee violates this EULA or uses the System or Software without authorization; or (iii) if the Licensee's conduct in the Services, chat features, or other activities is deemed inappropriate, offensive, or in violation of the rules of use. The termination of this EULA shall take effect immediately upon delivery of notice to the Licensee by email or other reasonable means.
The Licensee is not guaranteed a right to a refund upon termination under this EULA, unless otherwise stipulated by applicable law.
C. Termination by the Licensee
(1) Termination by the Licensee
The Licensee may terminate this EULA by providing written notice to the Licensor via email. The Licensee acknowledges that they are not guaranteed a refund of any fees or payments upon such termination, except where a refund is required by applicable law.
(2) Modification of EULA
The Licensee has the right to reject a modified version of this EULA. The Licensee should carefully review any modifications to this EULA, and if they do not agree with the revised EULA, they may terminate the user agreement. If the Licensee does not provide notice of rejection of the modified EULA before its effective date, they will be deemed to have accepted the modified EULA. Furthermore, by selecting the "Agree" button for the EULA or by accessing the System or the Services after the modifications take effect, the Licensee will be deemed to have accepted the modified EULA and to have waived their right to accept the modified terms and terminate this Agreement as provided in this section.
D. Consequences of Termination
Upon termination of this EULA, all rights granted to the Licensee will immediately cease. After termination, the Licensee may no longer use the Software and may not access the System or the Services.
Restrictions imposed due to the Licensee's fault will apply equally to other accounts using the same credentials, including but not limited to the same name, phone number, email address, IP address, and credit card number.
5. Restricted Acts
A. Prohibited Acts
The Licensee is responsible for maintaining lawful and ethical conduct to ensure continued access to the System and the Services. Without limiting the Licensor's authority to control the Services and the scope of acceptable user behavior, the Licensor prohibits any action that may negatively impact the user experience of the Services.
The following acts are specifically prohibited:
(1) Placing an unreasonable or disproportionate load on the System without just cause;
(2) Modifying or altering the operation or content of the Services through unauthorized software applications;
(3) Using software applications, macros, or automated keystrokes to acquire scores, virtual currency, items, features, ranks, or positions in an unauthorized manner. Manipulating the user interface or service data to obtain items, objects, features, or advantages through abnormal methods;
(4) Creating or distributing programs that provide unauthorized access to the System or the Services through programs that bypass the System login or through software or information obtained via system data mining;
(5) Posting materials in chat windows or public forums that could lead to civil liability, including harassment, violence, threats, defamatory or obscene content, and infringement of intellectual property rights;
(6) Transferring or receiving characters, virtual currency, or items acquired, created, or duplicated through unauthorized methods.
B. Restrictions on Sale of Items and Objects
The Licensee is prohibited from transferring, selling, auctioning, or purchasing content within the Services for commercial gain or offering transactions to third parties for commercial purposes. The trading of characters, character features, items, virtual currency, and objects is prohibited. The Licensee shall not encourage or induce third parties to participate in transactions or to use, transfer, or distribute Service assets for use in gambling activities operated by third parties. The Licensee is prohibited from buying or selling (or attempting to buy or sell) characters, character features, items, virtual currency, or objects through online auctions, newsgroups, message boards, or similar platforms. Such acts constitute a material breach of this EULA and an infringement of the Licensor's exclusive rights.
6. Data Collection and Monitoring
The 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 related to the Licensee's access device, including device specifications and operating system information. In the event of a system error or crash, the Licensor may collect crash report data for diagnostic and corrective purposes. Where applicable and permitted by law, the Licensor may collect online account data, including the email address, username, and usage activity logs associated with the Licensee's account.
The Licensor reserves the right to anonymize and/or pseudonymize data and to aggregate it with data collected from other users of the Services, and may share such aggregated data with partners for analytical and business purposes. The Licensor shall retain the collected data for the period necessary to achieve the purposes stated herein or as required by applicable laws and regulations, including data retention requirements. The Licensee may have the right to exercise certain opt-out options for specific data collection practices, as detailed in the Licensor's Privacy Policy.
By using the Services, the Licensee consents to the data collection, processing, and utilization practices described in this section and in the Licensor's Privacy Policy, which is incorporated herein by reference.
Furthermore, the Licensor reserves the right to implement hardware monitoring mechanisms to verify that the Licensee is using authorized software in connection with accessing the Services and/or the System. The Licensor may also use technical measures to verify the Licensee's compliance with the provisions of Section 5 of this Agreement, including the detection and identification of unauthorized software applications developed by the Licensee or third parties for the purpose of circumventing or modifying the Services or the 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 using the Services, as seizures may occur even if they have no prior history of such a condition. If the Licensee has a history of seizures or photosensitivity, it is recommended that they consult a medical professional before using the Services.
8. License
A. Grant of Software License
Subject to the terms of this EULA, the Licensor grants the Licensee a limited, non-exclusive, non-transferable, and revocable license to use the Software and accompanying documentation.
B. License to Access the System for Gameplay
The Licensor grants to the Licensee who complies with the terms of this EULA a limited, non-exclusive, non-transferable, and revocable license to access and utilize the System for gameplay and to access User-Generated Content (as defined below). Through an active Account, the Licensee may download and exchange content and User-Generated Content within the Services, subject to the restrictions imposed by the System. All such use must 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 the Licensor. No license, permission, right of access, or title is implicitly granted to the Licensee.
All information obtained through the System may only be used for the purpose of utilizing the Services. The Licensee is prohibited from uploading, downloading, or utilizing any information accessed or obtained from the System except as expressly permitted in this EULA.
The 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 accompanying documentation. The Licensee may not transfer the Software except as expressly provided in this EULA.
The Licensee may not copy, distribute, rent, lease, modify, or create derivative works of any information accessible through the System, including Service content, User-Generated Content, items, objects, or characters registered within the Services, nor may they adapt, translate, perform, publish, transmit, or reuse such information. The Licensee may only modify Service content and User-Generated Content within the Services to the extent expressly permitted by the System.
Extracting source code from the Software or System information (including data packets transmitted over the network) is strictly prohibited. Disassembling, decompiling, reverse-engineering, analyzing, or decrypting packet stream encoded data packets, whether encrypted or not, or attempting to do so, or authorizing, enabling, or permitting a third party to engage in such activities, is strictly prohibited. The Licensee expressly waives any legal rights they may have to engage in such activities. The Licensee shall not circumvent or disable any license management technology integrated into the Software and/or the System.
D. Software Updates
The Licensor may update or modify the Software from time to time. The Licensee agrees that the Licensor may collect and utilize the following data: (i) hardware system profile data; (ii) file directory information collected during access to the Services and the System; and (iii) information related to hardware and Service usage.
E. Distribution of New Software
The Licensee is not obligated to use any new software, expansion packs, updates, upgrades, or additional content provided by the Licensor. However, the Licensor may distribute such content at its sole discretion. The Licensor may update, upgrade, and improve the Software without prior consultation with the Licensee. The Licensor may require the Licensee to install updated software as a condition of continued use of the Services. The Licensor shall provide information to the Licensee about new software releases and provide a reasonable period for the Licensee to download and install such software. The Licensee must install and run the new software within the specified period to access the System or utilize the Services. The Licensor is not responsible for the Licensee's failure to install the software within the specified period, and a refund of previously paid fees is not guaranteed.
9. Ownership
A. Ownership of Software, System, and Services
As between the Licensee and the Licensor, the Licensor holds exclusive ownership of the Software, the System, the Services, and the content of the Services (as defined below). All Software, the System, the Services, and the content of the Services are protected by copyright, trademark, and other applicable laws. The Licensor expressly reserves all rights not expressly granted herein.
The Services consist of software code, programs, routines, subroutines, objects, files, data, characters (including items related to accounts and characters, virtual currency, objects, and features), graphics, sound effects, music, animations, videos, text, content, layouts, designs, and other information. All of the items listed above ("Content of the Services") can be accessed and downloaded through the System. The Licensor, its copyright holders, and/or suppliers retain all rights, title, and interest in and to the Software, the System, the Services, and the Content of the Services, including all applicable intellectual property rights. Except for the limited license expressly granted herein, no rights are transferred to the Licensee.
B. Rights to Certain Content
The Licensee acknowledges and agrees that they have no ownership rights in the results of their use of the Services. The Licensor retains all rights, title, and interest in and to all companies, activities, groups, titles, and characters, as well as all objects, virtual currency, and items acquired thereby, including all related copyrights and intellectual property rights. These rights are expressly reserved by the Licensor under this Agreement.
The Licensor may utilize information about characters registered to the Licensee's Account (e.g., in charts, lists, and other derivative works, excluding personal information), provided that it does not infringe upon the Licensee's privacy rights.
The Licensee hereby assigns to the Licensor all copyrights, title, and other rights to all information (including all files, data, and information) exchanged, transmitted, or uploaded during the Licensee's use of the System or the Services. The Licensor may transfer data and information related to items acquired, created, or traded by any company, group, title, character, or character registered to an Account. If such rights cannot be assigned, the Licensee grants to the Licensor a worldwide, exclusive, perpetual, irrevocable, royalty-free license, with the right to grant sublicenses in multiple tiers, to exercise all intellectual property rights and other rights in such information. The foregoing shall apply to all subsequent content development. This provision does not apply to User Content (as defined below).
C. User Content
The System may provide chat channels, message boards, and other communication spaces ("User Content") for users to exchange information.
All User Content transmitted through the System shall not: (i) violate any applicable laws, statutes, regulations, or rules; (ii) infringe upon the intellectual property rights, proprietary rights, privacy rights, or publicity rights of any third party; (iii) contain offensive, obscene, or indecent content, child pornography, or content harmful to minors; (iv) contain viruses, Trojan horses, disabling codes, worms, time bombs, clear GIFs, cancelbots, or other programs or routines, information, packets, or personal information designed to damage, monitor, intercept, or gain unauthorized access to data.
If User Content violates this EULA or could expose other users, the Licensor, or its suppliers to legal liability, the Licensor may, in its sole discretion, take any action it deems appropriate. Furthermore, the Licensor may take appropriate action if it deems that the interests or rights of other users, the Licensor, its suppliers, internet service providers, or users of the Service have been compromised, or if it determines that its reputation has been harmed.
The Licensee grants to the Licensor a worldwide, sublicensable, exclusive, perpetual, unlimited, irrevocable, royalty-free license to exercise all intellectual property rights and other rights in the User Content. The foregoing license shall apply to all subsequently developed content.
Infringement of the Licensor's exclusive rights constitutes a material breach of this EULA, and the Licensor may terminate the Licensee's access to the Services or the terms. In addition, the Licensor may take other actions it deems appropriate under the circumstances. The foregoing remedies shall not be prejudiced by any other legal remedies or rights available to the Licensor, and the relevant information shall survive the termination of this EULA.
10. Disclaimer of Warranties
THE SOFTWARE, SYSTEM, SERVICES, CONTENT OF THE SERVICES, AND ALL RELATED DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LICENSEE ASSUMES ALL RISKS ASSOCIATED WITH THE ACCESS TO AND USE OF THE SYSTEM AND SERVICES.
THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT ACCESS TO THE SYSTEM OR THE EXECUTION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, THE LICENSOR DOES NOT WARRANT THAT THE SYSTEM OR THE SOFTWARE WILL BE COMPATIBLE WITH THE LICENSEE'S HARDWARE OR SOFTWARE CONFIGURATION.
THE LICENSOR SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SYSTEM BUT DOES NOT GUARANTEE ITS CONTINUOUS AVAILABILITY. THE SYSTEM MAY BECOME UNAVAILABLE DUE TO SYSTEM MAINTENANCE, NEW SOFTWARE RELEASES, EMERGENCIES, EQUIPMENT MALFUNCTIONS, OR NETWORK INTERRUPTIONS.
11. Indemnity from Liability
IN NO EVENT SHALL THE LICENSOR, ITS COPYRIGHT OWNERS, 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 THE USE OF THE SYSTEM, SOFTWARE, SERVICES, CONTENT OF THE SERVICES, OR USER CONTENT BY THE LICENSEE OR ANY THIRD PARTY, 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 STATED IN THIS AGREEMENT, THE LICENSOR'S LIABILITY FOR ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA, THE SOFTWARE, THE SYSTEM, THE SERVICES, THE CONTENT OF THE SERVICES, OR USER CONTENT SHALL BE LIMITED TO THE AMOUNT OF FEES EXPRESSLY PAID BY THE LICENSEE TO THE LICENSOR DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
IF THE LICENSOR BREACHES ITS OBLIGATION TO PROVIDE THE LICENSEE WITH ACCESS TO AND USE OF THE SYSTEM, SERVICES, CONTENT OF THE SERVICES, OR USER CONTENT, THE LICENSEE'S SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO A REFUND OF THE LESSER OF (I) THE FEES EXPRESSLY PAID BY THE LICENSEE FOR THE PERIOD DURING WHICH ACCESS WAS UNAVAILABLE, OR (II) THE FEES EXPRESSLY PAID BY THE LICENSEE DURING 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 HELD TO BE INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, THE 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
The Licensee agrees to indemnify, defend, and hold harmless the **Licensor (including the team 'Earth Heroes' and all its team members)**, its copyright owners, suppliers, and its agents or contractors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (i) the Licensee's use or misuse of the Software; (ii) the Licensee's access to the System; or (iii) the Licensee's use of the Services.
14. EULA Modification
This EULA, any limited warranty accompanying the Services (if any), and the Licensor's Privacy Policy may be modified or amended from time to time and constitute the entire agreement and understanding between the Licensee and the Licensor with respect to the subject matter of this Agreement, and supersede all prior or contemporaneous communications and proposals (whether oral or written) relating to such subject matter. The Licensor may modify this EULA at any time by posting the revised EULA on the Services, the Licensor's website, or the Platform. The Licensee's continued access to the System or use of the Services after the posting of the revised EULA shall be deemed the Licensee's acceptance of such modifications. If the Licensee objects to any modification of this EULA that materially alters the terms of this Agreement, the Licensee may terminate this EULA in accordance with Section 4 of this Agreement.
15. Governing Law and Jurisdiction
This Agreement and any dispute, controversy, or claim arising out of or in connection with 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 law principles. The Licensor and the Licensee agree to submit to the exclusive jurisdiction of the courts located in Seoul, Republic of Korea, for the resolution of any such dispute, controversy, or claim. Any agreement between the Licensor and the Licensee to resolve a dispute, difference, or controversy through alternative dispute resolution mechanisms, such as arbitration or mediation, shall be specifically enforceable.
A. Entire Agreement and Severability
This Agreement constitutes the entire agreement and understanding between the Licensor and the Licensee with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral or written) between the parties relating to such subject matter. Any terms and conditions contained in a purchase order or other written instrument submitted by the Licensee that are inconsistent with or in addition to the terms of this Agreement shall be of no effect and shall not be binding on the Licensor, regardless of whether the Licensor has accepted 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 amended 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 expressly excluded.
B. Export Compliance
The Licensee agrees and acknowledges that they will comply with all applicable export control laws and regulations. The Licensee shall not, directly or indirectly, export or re-export the Software or the Services to any country or person in violation of such laws and regulations. The Licensee represents and warrants that they are not a person with whom the Licensor is prohibited from transacting under applicable law. The Licensee shall obtain and comply with all necessary government approvals before exporting or re-exporting the Software or the Services.
16. Miscellaneous Provisions
If any provision of this EULA is held to be invalid or unenforceable, such provision shall be construed in accordance with applicable law to reflect, as nearly as possible, the original intention of the parties. The remaining provisions shall remain in full force and effect. If modification of the invalid provision is not possible, it shall be severed from this EULA, and the remaining provisions shall continue in full force and effect.
The failure or delay of the Licensor to exercise any right or remedy under this EULA shall not constitute a waiver of such right or remedy, and the single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy.
The Licensee shall comply with all applicable laws and regulations governing their access to and use of the System, the Software, and the Services. Without limiting the generality of the foregoing, the Licensee shall not download, use, export, or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
The Licensee acknowledges that any translation of this EULA is provided for informational purposes only, and that the English version of this EULA shall prevail in the event of any conflict between a translation and the English version.
Except as expressly provided in this Agreement, the Licensee may not assign or transfer this EULA or any rights or obligations hereunder. Any such attempt is void. This EULA, including the rules of conduct mentioned and the fees and payment terms that may be amended by the Licensor from time to time, constitutes the complete agreement and understanding between the Licensor and the Licensee with respect to the subject matter hereof.
All notices required or permitted to be given under this EULA shall be delivered to the Licensor via email at **dobana12345@naver.com**, unless otherwise specified in this EULA.
By using the Services, you acknowledge that you have carefully read, fully understood, and expressly agree to be legally bound by the terms of this Agreement.