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LAST UPDATE: 2018-06-01
END USER LICENSE AGREEMENT
BY ACCEPTING THIS END USER LICENSE AGREEMENT (“EULA”) OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THE EULA IN ITS ENTIRETY. IF YOU DO NOT AGREE TO THE EULA, DO NOT ACCESS OR USE OUR SERVICES.
WISECAT, Inc. (“WISECAT,” “we,” “us” or “our”) is pleased to provide you access to, and use of software, websites, applications, and content (collectively, the “Services”). These EULA (“Terms“) apply to your purchase, access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with WISECAT for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.
WISECAT reserves the right to change or modify these Terms on a going forward basis at any time and in our sole discretion. If WISECAT makes changes to these Terms, we will provide notice of such changes as appropriate, such as providing notice through the Services and/or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
I. Software Updates
Certain software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.
We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.
WISECAT may from time to time update or otherwise modify the Software electronically, or require you to install updates, patches, or fixes to the Software ("Updates"). Updates may change the Game's terms, conditions, features, items, mechanics, or any other element of the Game. You must install such Updates before you will be allowed to proceed to play the Game or access the System. If you fail to install the new release when required, WISECAT shall not be responsible in any way for your inability to access the System or play our game, and you shall not be entitled to receive a refund of any prepaid Fees or any other form of compensation.
II. Your Use of Services
A. Content and Software License
Except as otherwise agreed upon, if we enable the use of software, content, virtual items or other materials owned or licensed by us (“Software and Content”), we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use the Software and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by WISECAT or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
B. Availability
The Software and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services and Content in certain territories and jurisdictions.
III. User Generated Content ("UGC")
User generated content ("UGC") may be provided by you or third parties, including other users of WISECAT Services. WISECAT does not pre-screen all UGC and does not endorse, approve or prescreen any UGC that you and other users may contribute to WISECAT Services. You bear the entire risk of the completeness, accuracy or usefulness of UGC found on WISECAT Services.
WISECAT reserves the right to remove UGC that is objectionable to us for any reason. The decision to remove UGC is in WISECAT's sole and final discretion. To the maximum extent permitted by applicable law, WISECAT does not assume any responsibility or liability for UGC that is generated by third parties or for any failure to or delay in removing such UGC. You are solely responsible for your UGC and may be held liable for UGC that you post.
IV. Services Ownership and License
User acknowledges that WISECAT retains all right, title and interest to the Services, the Services’ design and documentation, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights).
Unless otherwise indicated, the Services are the property of WISECAT or our licensors and are protected by copyright, trademark and other laws of The Republic of Korea and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
WISECAT Games and the WISECAT logo (“WISECAT Marks“) are trademarks or registered trademarks of WISECAT, Inc. The WISECAT Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, including as authorized by any applicable brand guidelines. All other trademarks, service marks, logos and trade names are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
V. Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND WISECAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WISECAT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WISECAT DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY WISECAT WILL CREATE A WARRANTY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WISECAT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL WISECAT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT IN THE SERVICES OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
VI. Indemnification
You agree to defend, indemnify and hold harmless WISECAT and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “WISECAT Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by WISECAT or a third party in relation to the Services, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.
VII. Limitation of Liability
THE WISECAT PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF AN WISECAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WISECAT PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
VIII. Privacy
User accepts and agrees to WISECAT’s Privacy Policy as found at http://www.wisecat.co/PrivacyPolicy.html
IX. No Assignments
User may not assign or otherwise transfer any rights or obligations under this EULA.
X Severability
If a court finds any provision of this EULA invalid or unenforceable, the remainder of this EULA shall not affect the validity and enforceability of any remaining provisions.
XI. Non-waiver
The failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights.
XII. Governing Law
This EULA shall be governed in accordance with the laws of The South Korea. The parties consent to the exclusive jurisdiction and venue of the courts located in The South Korea in any action arising out of or relating to this EULA. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
XIII. Attorney Fees and Expenses
In a dispute arising out of or related to this EULA, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
XIV. Modifications to the Services
WISECAT reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will WISECAT be liable for the removal of or disabling of access to any portion or feature of the Services.
XV. Termination
We reserve the right to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
END USER LICENSE AGREEMENT
BY ACCEPTING THIS END USER LICENSE AGREEMENT (“EULA”) OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THE EULA IN ITS ENTIRETY. IF YOU DO NOT AGREE TO THE EULA, DO NOT ACCESS OR USE OUR SERVICES.
WISECAT, Inc. (“WISECAT,” “we,” “us” or “our”) is pleased to provide you access to, and use of software, websites, applications, and content (collectively, the “Services”). These EULA (“Terms“) apply to your purchase, access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with WISECAT for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.
WISECAT reserves the right to change or modify these Terms on a going forward basis at any time and in our sole discretion. If WISECAT makes changes to these Terms, we will provide notice of such changes as appropriate, such as providing notice through the Services and/or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
I. Software Updates
Certain software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.
We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.
WISECAT may from time to time update or otherwise modify the Software electronically, or require you to install updates, patches, or fixes to the Software ("Updates"). Updates may change the Game's terms, conditions, features, items, mechanics, or any other element of the Game. You must install such Updates before you will be allowed to proceed to play the Game or access the System. If you fail to install the new release when required, WISECAT shall not be responsible in any way for your inability to access the System or play our game, and you shall not be entitled to receive a refund of any prepaid Fees or any other form of compensation.
II. Your Use of Services
A. Content and Software License
Except as otherwise agreed upon, if we enable the use of software, content, virtual items or other materials owned or licensed by us (“Software and Content”), we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use the Software and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by WISECAT or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
B. Availability
The Software and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services and Content in certain territories and jurisdictions.
III. User Generated Content ("UGC")
User generated content ("UGC") may be provided by you or third parties, including other users of WISECAT Services. WISECAT does not pre-screen all UGC and does not endorse, approve or prescreen any UGC that you and other users may contribute to WISECAT Services. You bear the entire risk of the completeness, accuracy or usefulness of UGC found on WISECAT Services.
WISECAT reserves the right to remove UGC that is objectionable to us for any reason. The decision to remove UGC is in WISECAT's sole and final discretion. To the maximum extent permitted by applicable law, WISECAT does not assume any responsibility or liability for UGC that is generated by third parties or for any failure to or delay in removing such UGC. You are solely responsible for your UGC and may be held liable for UGC that you post.
IV. Services Ownership and License
User acknowledges that WISECAT retains all right, title and interest to the Services, the Services’ design and documentation, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights).
Unless otherwise indicated, the Services are the property of WISECAT or our licensors and are protected by copyright, trademark and other laws of The Republic of Korea and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
WISECAT Games and the WISECAT logo (“WISECAT Marks“) are trademarks or registered trademarks of WISECAT, Inc. The WISECAT Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, including as authorized by any applicable brand guidelines. All other trademarks, service marks, logos and trade names are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
V. Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND WISECAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WISECAT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WISECAT DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY WISECAT WILL CREATE A WARRANTY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WISECAT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL WISECAT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT IN THE SERVICES OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
VI. Indemnification
You agree to defend, indemnify and hold harmless WISECAT and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “WISECAT Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by WISECAT or a third party in relation to the Services, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.
VII. Limitation of Liability
THE WISECAT PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF AN WISECAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WISECAT PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
VIII. Privacy
User accepts and agrees to WISECAT’s Privacy Policy as found at http://www.wisecat.co/PrivacyPolicy.html
IX. No Assignments
User may not assign or otherwise transfer any rights or obligations under this EULA.
X Severability
If a court finds any provision of this EULA invalid or unenforceable, the remainder of this EULA shall not affect the validity and enforceability of any remaining provisions.
XI. Non-waiver
The failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights.
XII. Governing Law
This EULA shall be governed in accordance with the laws of The South Korea. The parties consent to the exclusive jurisdiction and venue of the courts located in The South Korea in any action arising out of or relating to this EULA. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
XIII. Attorney Fees and Expenses
In a dispute arising out of or related to this EULA, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
XIV. Modifications to the Services
WISECAT reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will WISECAT be liable for the removal of or disabling of access to any portion or feature of the Services.
XV. Termination
We reserve the right to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.