| Language: |
“IRONSIGHT” END USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING NOTICE BEFORE USING OR DOWNLOADING OF THE SOFTWARE PROVIDED BY WIPLEGAMES INC., (HEREINAFTER “WIPLE”). IRONSIGHT (HEREINAFTER “ONLINE GAME”) AND RELATED DOCUMENTATION ARE THE PROPERTY OF WIPLE AND ARE PROTECTED BY INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. IT IS STRICTLY PROHIBITED TO USE OR MAKE UNAUTHORIZED INSTALLATION OF THE ONLINE GAME.
THIS END USER LICENSE AGREEMENT (HEREINAFTER “AGREEMENT”) IS AN AGREEMENT BETWEEN WIPLE AND YOU AND GOVERNS YOUR INSTALLATION AND USE OF THE ONLINE GAME. THIS AGREEMENT LIMITS AND EXCLUDES WARRANTIES AND REMEDIES REGARDING THE ONLINE GAME, EXEMPTS WIPLE, ITS LICENSORS, AND OTHER PERSONS FROM LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
BY ACCEPTING THIS AGREEMENT, AND DOWNLOADING, INSTALLING OR USING OF ONLINE GAME, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE AGREEMENT AND TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY ACCEPT OR NOT AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE ONLINE GAME, AND YOU MUST PERMANENTLY DELETE AND DESTROY ALL COPIES OF THE ONLINE GAME IN YOUR POSSESSION OR CONTROL.
1. The Software: In this agreement, “Software” means the computer software designed to be used to connect end users to the online game server, allowing them to play ONLINE GAME called IRONSIGHT, and all updates, upgrades, and improvements to the software and all related documentation, provided or made available to you by WIPLE.
2. License Grant: Subject to the provisions of this agreement, WIPLE hereby grants you a non-exclusive, personal, non-sublicensable, non-transferable, restricted and limited license during the term of this agreement to install the software on your personal computer and allow you to use the installed copy of the software solely for your personal use to play the online game. Under no circumstances will WIPLE be obligated to provide, nor will you be entitled to receive, obtain or access, any source (human readable) code for the Software.
3. Restrictions:
(a) General: You will not directly or indirectly: (a) use the Software in any manner or for any purpose except as expressly permitted by this agreement; (b) copy or reproduce the Software, except to the extent required to install the Software on your own personal computer in order to use the Software in accordance with this agreement; (d) license, sublicense, sell, resell, lend, rent, lease, loan, pledge, share, transfer, assign, pledge, publish, transmit, publicly display or perform, distribute, or otherwise give or make available or permit the access or use of the Software or its functionality to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (e) adapt, alter, change, enhance, modify, improve, or translate the Software, create derivative works from or based on the Software, or merge, embed or combine the Software with any other software or materials; (f) reverse engineer, disassemble, decompile, convert into human readable format, or otherwise attempt to access or derive the source code of the Software; (g) alter, attempt to circumvent, destroy, obscure, conceal, modify, or remove any notices, proprietary codes or locks, means of identification, digital rights management tools or information, or agreements on, in or in relation to, the Software; or (h) authorize, assist or encourage any other person to do any of the foregoing or to use the Software in a way that would constitute an infringement of rights owned and retained by WIPLE in the Software or a breach of this agreement if it were done by you. You will protect the Software against unauthorized access, distribution or use. Regardless of the number of copies of the Software received by you or the means by which you receive them, each copy of the Software is subject to this agreement.
(b) Specific Restrictions: Without limiting the generality of paragraph 3(a): (a). Private Servers/Games: You will use the Software to play only the Online Game that is operated by WIPLE, and you will not use the Software to play any other instance of the Online Game (including an instance of the Online Game that is operated using a “private server”). (b) Change Operation of Software/Online Game: You will not change, directly or indirectly, the functionality, operation or performance of the Software or the Online Game by using the Software, including by means of any of the following: (1) altering or redirecting the communications protocols used by the Software, or altering, intercepting, or redirecting data communications sent or received by the Software; (2) creating or using a cheat, hack, bypass, decryption, memory altering script or code, cheat engine, bot, or other modification of or addition to the Software; or (3) using the Software by an interface other than the standard user interface presented by the Software. (c) Authorization/Assistance: You will not authorize, assist or encourage any other person to commit any act or omission that is an infringement of rights owned and retained by WIPLE and its licensors in the Software or would be a breach of this agreement if you committed it, including creating, designing, publishing, distributing, advertising, selling, promoting or assisting or encouraging the use of, any of the following items relating to the Software: cheats, hacks, bypasses, decryptions, memory altering scripts or codes, cheat engines, bots, or other modifications of or additions to the Software. (d) Harmful Code: You will not use, upload, or distribute any software, device, tool or technology that contains or enables software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise disrupt any computer or technology used to support the Online Game. Any breach by you of this provision may be a violation of criminal and civil laws and WIPLE will in its discretion report such breaches to the proper law enforcement authorities.
4. Your Obligations:
(a) Representations/Warranties: You represent and warrant to WIPLE that you have the legal right, power, and capacity to enter into and perform your obligations under this agreement and that all information that you provide to WIPLE regarding your use of the Software is true, accurate, current and complete.
(b) Confidentiality: You acknowledge that all non-public information concerning the Software (the “Confidential Information”) is the proprietary and confidential information and trade secret of WIPLE and its licensors. Both during and after the term of this agreement, you will hold all Confidential Information in confidence, will use the Confidential Information only in connection with your use of the Software in accordance with this agreement, and you will prevent any unauthorized use or disclosure of the Confidential Information.
5. Ownership: WIPLE and its licensors own and retain all right, title and interest (including copyright and other intellectual property rights), throughout the world in, to and associated with the Software. The Software is licensed (not sold) to you for limited purposes as expressly set forth in this agreement. Software and related intellectual property rights are protected throughout the world by international laws and treaties. Except for the License, you will not acquire any right, title or interest in, to or associated with the Software pursuant to this agreement or otherwise. All rights not expressly granted under this agreement are reserved to WIPLE and its suppliers and licensors.
6. Software updates and patches: WIPLE will provide updates, patches and other modifications to the Online Game that you are obligated, must install to continue playing, use of the software properly. WIPLE may provide updates, patches or modify the software remotely and access the software installed locally on your personal computer for such purpose, and you hereby accept and grant to WIPLE the rights to deploy and apply such updates, patches, and modifications.
7. Term and Termination: This agreement is effective on the date that you accept the agreement, first download the Software and will continue in full force and effect unless and until the expiry for the Software, which is separately announced on the official website. You may in your discretion and for your sole convenience terminate this agreement and the License at any time by uninstalling and permanently deleting and destroying all copies of the Software in your possession or control. WIPLE may in its discretion and for its sole convenience terminate this agreement and the License at any time effective immediately upon notice to you. Each party’s right to terminate this agreement for good reason with immediate effect remains unaffected.
8. Consequences of Termination: Upon termination of this agreement, the License will immediately be terminated, and you will immediately cease using the Software and permanently delete and destroy all copies of the Software in your possession or control (including copies of the Software installed on your computers and other devices). Notwithstanding any other provision of this agreement, if this agreement is terminated for any reason, the following provisions of this agreement, and all other provisions necessary to their interpretation or enforcement, will survive the expiration or termination of this agreement and will remain in full force and effect and be binding upon you and WIPLE as applicable: sections 3, 4(b), 5, 8, 9, 10, and 11.
10. Prior Software Versions: You may no longer use any prior version or release of the Software. Your licenses to use prior versions and releases of the Software are terminated effective immediately.
11. Miscellaneous: And all disputes, claims and controversies arising from or relating to this agreement shall be subject to the laws of the Grand-Duchy of South Kore without application of the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance this agreement would fail in its essential purpose. No consent or waiver by a party to or of any breach by the other party of this agreement will be effective unless in writing and signed by both parties. You may not assign this agreement or any rights under this agreement (including the License). This agreement supersedes all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of this agreement. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this agreement.
PLEASE READ THE FOLLOWING NOTICE BEFORE USING OR DOWNLOADING OF THE SOFTWARE PROVIDED BY WIPLEGAMES INC., (HEREINAFTER “WIPLE”). IRONSIGHT (HEREINAFTER “ONLINE GAME”) AND RELATED DOCUMENTATION ARE THE PROPERTY OF WIPLE AND ARE PROTECTED BY INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. IT IS STRICTLY PROHIBITED TO USE OR MAKE UNAUTHORIZED INSTALLATION OF THE ONLINE GAME.
THIS END USER LICENSE AGREEMENT (HEREINAFTER “AGREEMENT”) IS AN AGREEMENT BETWEEN WIPLE AND YOU AND GOVERNS YOUR INSTALLATION AND USE OF THE ONLINE GAME. THIS AGREEMENT LIMITS AND EXCLUDES WARRANTIES AND REMEDIES REGARDING THE ONLINE GAME, EXEMPTS WIPLE, ITS LICENSORS, AND OTHER PERSONS FROM LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
BY ACCEPTING THIS AGREEMENT, AND DOWNLOADING, INSTALLING OR USING OF ONLINE GAME, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE AGREEMENT AND TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY ACCEPT OR NOT AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE ONLINE GAME, AND YOU MUST PERMANENTLY DELETE AND DESTROY ALL COPIES OF THE ONLINE GAME IN YOUR POSSESSION OR CONTROL.
1. The Software: In this agreement, “Software” means the computer software designed to be used to connect end users to the online game server, allowing them to play ONLINE GAME called IRONSIGHT, and all updates, upgrades, and improvements to the software and all related documentation, provided or made available to you by WIPLE.
2. License Grant: Subject to the provisions of this agreement, WIPLE hereby grants you a non-exclusive, personal, non-sublicensable, non-transferable, restricted and limited license during the term of this agreement to install the software on your personal computer and allow you to use the installed copy of the software solely for your personal use to play the online game. Under no circumstances will WIPLE be obligated to provide, nor will you be entitled to receive, obtain or access, any source (human readable) code for the Software.
3. Restrictions:
(a) General: You will not directly or indirectly: (a) use the Software in any manner or for any purpose except as expressly permitted by this agreement; (b) copy or reproduce the Software, except to the extent required to install the Software on your own personal computer in order to use the Software in accordance with this agreement; (d) license, sublicense, sell, resell, lend, rent, lease, loan, pledge, share, transfer, assign, pledge, publish, transmit, publicly display or perform, distribute, or otherwise give or make available or permit the access or use of the Software or its functionality to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (e) adapt, alter, change, enhance, modify, improve, or translate the Software, create derivative works from or based on the Software, or merge, embed or combine the Software with any other software or materials; (f) reverse engineer, disassemble, decompile, convert into human readable format, or otherwise attempt to access or derive the source code of the Software; (g) alter, attempt to circumvent, destroy, obscure, conceal, modify, or remove any notices, proprietary codes or locks, means of identification, digital rights management tools or information, or agreements on, in or in relation to, the Software; or (h) authorize, assist or encourage any other person to do any of the foregoing or to use the Software in a way that would constitute an infringement of rights owned and retained by WIPLE in the Software or a breach of this agreement if it were done by you. You will protect the Software against unauthorized access, distribution or use. Regardless of the number of copies of the Software received by you or the means by which you receive them, each copy of the Software is subject to this agreement.
(b) Specific Restrictions: Without limiting the generality of paragraph 3(a): (a). Private Servers/Games: You will use the Software to play only the Online Game that is operated by WIPLE, and you will not use the Software to play any other instance of the Online Game (including an instance of the Online Game that is operated using a “private server”). (b) Change Operation of Software/Online Game: You will not change, directly or indirectly, the functionality, operation or performance of the Software or the Online Game by using the Software, including by means of any of the following: (1) altering or redirecting the communications protocols used by the Software, or altering, intercepting, or redirecting data communications sent or received by the Software; (2) creating or using a cheat, hack, bypass, decryption, memory altering script or code, cheat engine, bot, or other modification of or addition to the Software; or (3) using the Software by an interface other than the standard user interface presented by the Software. (c) Authorization/Assistance: You will not authorize, assist or encourage any other person to commit any act or omission that is an infringement of rights owned and retained by WIPLE and its licensors in the Software or would be a breach of this agreement if you committed it, including creating, designing, publishing, distributing, advertising, selling, promoting or assisting or encouraging the use of, any of the following items relating to the Software: cheats, hacks, bypasses, decryptions, memory altering scripts or codes, cheat engines, bots, or other modifications of or additions to the Software. (d) Harmful Code: You will not use, upload, or distribute any software, device, tool or technology that contains or enables software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise disrupt any computer or technology used to support the Online Game. Any breach by you of this provision may be a violation of criminal and civil laws and WIPLE will in its discretion report such breaches to the proper law enforcement authorities.
4. Your Obligations:
(a) Representations/Warranties: You represent and warrant to WIPLE that you have the legal right, power, and capacity to enter into and perform your obligations under this agreement and that all information that you provide to WIPLE regarding your use of the Software is true, accurate, current and complete.
(b) Confidentiality: You acknowledge that all non-public information concerning the Software (the “Confidential Information”) is the proprietary and confidential information and trade secret of WIPLE and its licensors. Both during and after the term of this agreement, you will hold all Confidential Information in confidence, will use the Confidential Information only in connection with your use of the Software in accordance with this agreement, and you will prevent any unauthorized use or disclosure of the Confidential Information.
5. Ownership: WIPLE and its licensors own and retain all right, title and interest (including copyright and other intellectual property rights), throughout the world in, to and associated with the Software. The Software is licensed (not sold) to you for limited purposes as expressly set forth in this agreement. Software and related intellectual property rights are protected throughout the world by international laws and treaties. Except for the License, you will not acquire any right, title or interest in, to or associated with the Software pursuant to this agreement or otherwise. All rights not expressly granted under this agreement are reserved to WIPLE and its suppliers and licensors.
6. Software updates and patches: WIPLE will provide updates, patches and other modifications to the Online Game that you are obligated, must install to continue playing, use of the software properly. WIPLE may provide updates, patches or modify the software remotely and access the software installed locally on your personal computer for such purpose, and you hereby accept and grant to WIPLE the rights to deploy and apply such updates, patches, and modifications.
7. Term and Termination: This agreement is effective on the date that you accept the agreement, first download the Software and will continue in full force and effect unless and until the expiry for the Software, which is separately announced on the official website. You may in your discretion and for your sole convenience terminate this agreement and the License at any time by uninstalling and permanently deleting and destroying all copies of the Software in your possession or control. WIPLE may in its discretion and for its sole convenience terminate this agreement and the License at any time effective immediately upon notice to you. Each party’s right to terminate this agreement for good reason with immediate effect remains unaffected.
8. Consequences of Termination: Upon termination of this agreement, the License will immediately be terminated, and you will immediately cease using the Software and permanently delete and destroy all copies of the Software in your possession or control (including copies of the Software installed on your computers and other devices). Notwithstanding any other provision of this agreement, if this agreement is terminated for any reason, the following provisions of this agreement, and all other provisions necessary to their interpretation or enforcement, will survive the expiration or termination of this agreement and will remain in full force and effect and be binding upon you and WIPLE as applicable: sections 3, 4(b), 5, 8, 9, 10, and 11.
10. Prior Software Versions: You may no longer use any prior version or release of the Software. Your licenses to use prior versions and releases of the Software are terminated effective immediately.
11. Miscellaneous: And all disputes, claims and controversies arising from or relating to this agreement shall be subject to the laws of the Grand-Duchy of South Kore without application of the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance this agreement would fail in its essential purpose. No consent or waiver by a party to or of any breach by the other party of this agreement will be effective unless in writing and signed by both parties. You may not assign this agreement or any rights under this agreement (including the License). This agreement supersedes all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of this agreement. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this agreement.