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End User License Agreement
You must read the following End User License Agreement (the “License Agreement”, or this “Agreement”) carefully and consent to the License Agreement before installing the “Marvel End Time Arena” client on your computer.
You may install or use the client software program (the “Software”) only by consenting to the terms of this License Agreement.
The installation process will proceed only after the user selects the “I agree” checkbox; when the user selects the “Cancel” checkbox, the installation process will be suspended.
If you do not agree to the terms of this License Agreement, please do not install or use the Software.
[End User License Agreement]
Software Name: “Marvel End Time Arena” client
By installing the Software on your computer hardware, you agree to the terms of this License Agreement stipulated below.
This is required by Smilegate Entertainment Inc. (the “Company”) in granting to you a license limited to personal use of the Software by installing the software on one or more computer(s) that is owned by you or under your personal control.
1. Grant of Software License
1) The Company (and all partners with express rights to the Software) grants to you a license to use the Software. No rights to the Software are transferred to you pursuant to this license.
2) The Company reserves the right to renew, amend or change the terms set out in this License Agreement.
3) You shall not use or redistribute the Software by any means not expressly permitted in this License Agreement. You may not modify, duplicate, sell, rent out, distribute or use the Software for any other profit-making purpose except with the Company’s prior written permission.
4) You may not reproduce, translate, analyze, decompile, disassemble or reverse engineer other programs using the Software. You may not create derivative works of the Software.
2. License to Patches and Enhancements
1) The Company reserves the right to provide software for bug-fixes, modifications or patches which must be installed on games in order for you to continue to play games.
2) Installing, upgrading or continuing to play games following any modifications constitutes your acceptance of any and all software modifications as well as consent to the application of such bug-fixes, modifications and patches under the License Agreement.
3) For other matters, the provisions of Section 1 above on software license will apply accordingly.
3. Limitation of Liability and Disclaimer
1) The Software is supplied “as is” and the Company disclaims any guarantees or warranties of any kind as to: (a) its conformity, function, correctness, accuracy or security and (b) its suitability for a particular use.
2) You assume all responsibility for the use of and results obtained from the game and the Company does not warrant that the Software will be uninterrupted in all conditions.
3) In no event will the Company be liable for loss or damage suffered in connection with the use of the Software; provided, this will not include the case where loss or damage was suffered as a result of the Company’s intentional act.
4) In case it is legally determined that the Company is liable for damages in relation to Paragraph 3 of this Section, the Company will only compensate material and direct damages incurred in connection with use of the Software by a lawful user. The Company will not be liable for any outcome caused by unfair use of the Software by a third party.
4. Termination
1) You may terminate this License Agreement at any time by uninstalling and discarding the Software.
2) The Company may terminate your license without any compensation whatsoever in the event of material breach of the terms of this License Agreement. Upon such termination, you shall promptly destroy all copies of the Software including any byproducts and uninstall the Software.
3) All licenses granted under this License Agreement shall terminate immediately upon termination of this License Agreement for any reason.
4) Notwithstanding termination in accordance with Paragraph 1) or 2) of this Section, provisions of Sections 1(3), 1(4) and 5 of this Agreement shall continue to apply even after such termination.
5. Users’ Rights and Obligations
1) Users have the right to use Marvel End Time Arena games and related content in accordance with this License Agreement.
2) In the event a user detects a bug or system error while using the services, the user must inform the Company of such bug or system error and shall not abuse or spread such bug or system error to others. In case of a user’s failure to inform the Company of issues such as bugs or system error and continued use of the services to profit from the issues, the Company may take such measures as restricting the user’s use of the services or recovery of items, as the abuse of the bug or system error would have resulted in harm to other users.
3) Users have a responsibility to manage and protect their personal information. In no event will the Company be liable for damages arising out of or in connection with the users’ act of sharing, selling or transferring to others their personal information and account information (e.g., account name and password, among others). Moreover, the Company may take such measures as restricting use of the services by the account (ID) in question when it is confirmed that a user stole another person’s information or shared, sold or transferred to another person his or her personal information and log-in information. Such user may further be held civilly and/or criminally liable under the applicable statutes.
4) Users will cooperate to the utmost extent with the request of Game Master (“GM”) for cooperation. In case a user has been treated unfairly or sustained harm as a result of an internal/external issue pertaining to the game, the user may request rectification via a method provided by the Company such as direct inquiry or email.
5) Users may submit various recommendations regarding the intra-game system or content or report bugs using the ‘direct inquiry’ function on the official website during the service term.
6) In order to set out such matters as necessary to implement this License and protect users’ rights and maintain order within games, the Company can establish a game service operation policy (“Operation Policy”) and notify users of such policy by posting it on the website of the Company or providing the link page thereto.
7) Users are responsible for checking this License Agreement’s policy and notifications on the website periodically for changes. Users will not receive any help regarding matters arising in connection with failure to make such checks.
8) The Company may choose not to provide help to users who sustained harm by using a program that is not officially recognized or acknowledged by the Company. In the event such act inflicts harm on game services or interferes with business, the user in question may be sanctioned under the terms of this License Agreement. Such user may further be held civilly/criminally liable under the applicable statutes.
6. Management of Dormant Accounts
1) In order to prevent a user account (ID) from being used for improper purposes and provide even better services, the Company may delete the information included in an account (ID) when each of the following requirements is satisfied:
- There is no record of game access using the game account (ID) for 12 months or longer; and
- The above game account (ID) does not have any paid items with remaining use period.
2) The Company will provide 30-day advance notice in case an account is classified as being dormant, and users may remove such dormant status via accessing a game during the advance notice period.
3) Game information that is deleted following classification of the relevant account as a dormant account will not be recoverable.
7. Recovery Policy
1) All reports, investigation and recovery pertaining to all recovery cases of Marvel End Time Arena will be investigated on the basis of items that are verifiable using logs, and an investigation may be undertaken only if a report is made within 15 days of the occurrence date. False or exaggerated report may result in implementation of such measures as restricted use or recovery being denied in accordance with the terms of this License Agreement.
2) In the event item/account (ID) information is lost or changed due to errors in game service technology, the Company will restore such information if it is clearly and objectively ascertainable using logs recorded within games, to the extent that this will not overtask the games’ balance. Notwithstanding the above, in case a paid service purchased by a user is lost due to causes attributable to the Company, the Company will restore such service, provide paid services of the same type of similar value or refund the purchase price corresponding to the remaining term in accordance with the terms of this License Agreement.
3) Users will be held liable in connection with any and all accidents that occur while an account (ID) is being shared or during a cash transaction/transaction-in-kind involving an account (ID) or items, or accidents that occur while an item is being exchanged/sold within a game. The Company will not provide help for any and all resulting loss or damage.
4) Users will not receive help regarding any harm or damage incurred as a result of their own fault, or failure to understand the terms of this License Agreement, notifications within games and notifications on the website.
※ What constitutes a user’s own fault?
① When the right to use an item is subject to transfer upon normal consummation of a voluntary transaction involving the item within a game;
② When an item is mistakenly or intentionally deleted or sold to NPC;
③ When an item is delivered or loaned without correctly ascertaining the counterparty’s identity;
④ When damage has been incurred due to the failure to correctly ascertain the transaction item, price, quantity and transaction object in the process of utilizing the transaction system; and
⑤ Any and all damages sustained as a result of the failure to understand and pay attention to what is a normal system within a game.
5) Information on user account (ID) and items can be modified/changed/deleted based on game planning or operational determination. There will be no individual recovery following such modification/change/deletion.
6) Due to difficulties in figuring out the definite causes of damages resulting from issues related to internet cables installed on users’ personal computers, circuit failure or loss of access due to computer system failure, the Company will not provide any help in related recovery in order to prevent any and all abuses using such issues.
8. Report
1) Users may submit various queries/requests/recommendations regarding their account (ID) including game services or raise objections to sanctions using the ‘direct inquiry’ function on the website.
2) The Company will handle all registered reports in the order in which they are received. The Company may handle reports on a first-come first-served basis or delay the handling of certain reports depending on the seriousness of the report.
3) The Company does not provide information on the outcome of sanctions on users resulting from a violation of its policy in order to prevent secondary damage.
4) In case the Company deems a user’s objection to be reasonable, the Company will immediately lift the sanction on the user and adjust and restore the modified item.
9. Restricted Use of Services Policy
1) In order to ensure the smooth operation of games and a sound gaming environment, in the event a user acts in violation of the terms of this License Agreement, the Company may restrict the user’s use of games and bulletins, and specify the reasons and process for such restriction in Operation Policy.
2) Interference with the Company’s smooth provision of services or a false report may result in restrictions in submitting direct inquiry.
3) When a user continuously receives sanctions in accordance with the terms of this License Agreement, the Company may restrict membership and restrict the use of all accounts (IDs) under the same name. When the degree of continuous sanctions is very severe, the Company may take such measures as restricting access and refusing to provide services.
4) Restrictions may proceed when the Company ascertains the fact of a user’s violation of the terms of this License agreement. Such restricted use may encompass uses that do not fall within the scope of the violation if such restriction conforms to social norms.
9-1. Filing Objections to Restricted Use of Services
1) A user may file an objection regarding the content of a measure restricting the use of services by registering a query with the customer center indicated on the website.
2) Filing of objection will only be received from the relevant account (ID) that is restricted from use of services. Such objection may be filed only up to seven days after the start date of the use restriction measure.
3) Should problems arise in connection with an objection in the future, the Company may provide the content of the objection to the agencies concerned (e.g., the Consumer Protection board and the Police, among others) as related data.
9-2. Temporary Restriction on Use for Account Protection and Verification
1) GM may temporarily restrict a user from using the services during the identity verification process to protect personal information privacy.
2) GM may restrict use of the relevant account (ID) or IP address in each of the following cases:
- A use restriction measure may be imposed in case of suspected account theft or identity theft, until the identity verification process is completed;
- A temporary use restriction measure may proceed in relation to an IP address in case of abnormal excessive access from the IP address; or
- A use restriction measure may be imposed when identity verification is necessary in relation to the use of an unofficial program, until the identity verification process is completed.
※ In case the Company finds records indicating suspected identity theft in relation to compliance with the Game Industry Promotion Act, Resident Registration Act and Act on Promotion of Information and Communication Network Use and Information Protection, the Company may impose use restriction measures to verify information regarding the relevant account (ID) or IP address. Please pay particular attention to the fact that account theft and identity theft (which are strictly prohibited under the law) may give rise to civil/criminal liability.
10. Online Community Policy
1) The target scope of community operation policy encompasses all content comprising games and online services.
2) The Company may temporarily suspend games and online services for purposes of quality improvement of community services and equipment inspection. The Company shall specify the reasons for such temporary suspension and time of suspended services except in cases where it is impossible to provide prior notice.
11. Miscellaneous
All matters arising out of or in connection with this License Agreement are governed by and construed in accordance with the laws of the Republic of Korea. Any legal action arising under this License Agreement between you and the Company may be filed by either party with the competent court in accordance with the Civil Procedure Act.
<Addendum>
1. This License Agreement will come into force as of March 13, 2018.
You must read the following End User License Agreement (the “License Agreement”, or this “Agreement”) carefully and consent to the License Agreement before installing the “Marvel End Time Arena” client on your computer.
You may install or use the client software program (the “Software”) only by consenting to the terms of this License Agreement.
The installation process will proceed only after the user selects the “I agree” checkbox; when the user selects the “Cancel” checkbox, the installation process will be suspended.
If you do not agree to the terms of this License Agreement, please do not install or use the Software.
[End User License Agreement]
Software Name: “Marvel End Time Arena” client
By installing the Software on your computer hardware, you agree to the terms of this License Agreement stipulated below.
This is required by Smilegate Entertainment Inc. (the “Company”) in granting to you a license limited to personal use of the Software by installing the software on one or more computer(s) that is owned by you or under your personal control.
1. Grant of Software License
1) The Company (and all partners with express rights to the Software) grants to you a license to use the Software. No rights to the Software are transferred to you pursuant to this license.
2) The Company reserves the right to renew, amend or change the terms set out in this License Agreement.
3) You shall not use or redistribute the Software by any means not expressly permitted in this License Agreement. You may not modify, duplicate, sell, rent out, distribute or use the Software for any other profit-making purpose except with the Company’s prior written permission.
4) You may not reproduce, translate, analyze, decompile, disassemble or reverse engineer other programs using the Software. You may not create derivative works of the Software.
2. License to Patches and Enhancements
1) The Company reserves the right to provide software for bug-fixes, modifications or patches which must be installed on games in order for you to continue to play games.
2) Installing, upgrading or continuing to play games following any modifications constitutes your acceptance of any and all software modifications as well as consent to the application of such bug-fixes, modifications and patches under the License Agreement.
3) For other matters, the provisions of Section 1 above on software license will apply accordingly.
3. Limitation of Liability and Disclaimer
1) The Software is supplied “as is” and the Company disclaims any guarantees or warranties of any kind as to: (a) its conformity, function, correctness, accuracy or security and (b) its suitability for a particular use.
2) You assume all responsibility for the use of and results obtained from the game and the Company does not warrant that the Software will be uninterrupted in all conditions.
3) In no event will the Company be liable for loss or damage suffered in connection with the use of the Software; provided, this will not include the case where loss or damage was suffered as a result of the Company’s intentional act.
4) In case it is legally determined that the Company is liable for damages in relation to Paragraph 3 of this Section, the Company will only compensate material and direct damages incurred in connection with use of the Software by a lawful user. The Company will not be liable for any outcome caused by unfair use of the Software by a third party.
4. Termination
1) You may terminate this License Agreement at any time by uninstalling and discarding the Software.
2) The Company may terminate your license without any compensation whatsoever in the event of material breach of the terms of this License Agreement. Upon such termination, you shall promptly destroy all copies of the Software including any byproducts and uninstall the Software.
3) All licenses granted under this License Agreement shall terminate immediately upon termination of this License Agreement for any reason.
4) Notwithstanding termination in accordance with Paragraph 1) or 2) of this Section, provisions of Sections 1(3), 1(4) and 5 of this Agreement shall continue to apply even after such termination.
5. Users’ Rights and Obligations
1) Users have the right to use Marvel End Time Arena games and related content in accordance with this License Agreement.
2) In the event a user detects a bug or system error while using the services, the user must inform the Company of such bug or system error and shall not abuse or spread such bug or system error to others. In case of a user’s failure to inform the Company of issues such as bugs or system error and continued use of the services to profit from the issues, the Company may take such measures as restricting the user’s use of the services or recovery of items, as the abuse of the bug or system error would have resulted in harm to other users.
3) Users have a responsibility to manage and protect their personal information. In no event will the Company be liable for damages arising out of or in connection with the users’ act of sharing, selling or transferring to others their personal information and account information (e.g., account name and password, among others). Moreover, the Company may take such measures as restricting use of the services by the account (ID) in question when it is confirmed that a user stole another person’s information or shared, sold or transferred to another person his or her personal information and log-in information. Such user may further be held civilly and/or criminally liable under the applicable statutes.
4) Users will cooperate to the utmost extent with the request of Game Master (“GM”) for cooperation. In case a user has been treated unfairly or sustained harm as a result of an internal/external issue pertaining to the game, the user may request rectification via a method provided by the Company such as direct inquiry or email.
5) Users may submit various recommendations regarding the intra-game system or content or report bugs using the ‘direct inquiry’ function on the official website during the service term.
6) In order to set out such matters as necessary to implement this License and protect users’ rights and maintain order within games, the Company can establish a game service operation policy (“Operation Policy”) and notify users of such policy by posting it on the website of the Company or providing the link page thereto.
7) Users are responsible for checking this License Agreement’s policy and notifications on the website periodically for changes. Users will not receive any help regarding matters arising in connection with failure to make such checks.
8) The Company may choose not to provide help to users who sustained harm by using a program that is not officially recognized or acknowledged by the Company. In the event such act inflicts harm on game services or interferes with business, the user in question may be sanctioned under the terms of this License Agreement. Such user may further be held civilly/criminally liable under the applicable statutes.
6. Management of Dormant Accounts
1) In order to prevent a user account (ID) from being used for improper purposes and provide even better services, the Company may delete the information included in an account (ID) when each of the following requirements is satisfied:
- There is no record of game access using the game account (ID) for 12 months or longer; and
- The above game account (ID) does not have any paid items with remaining use period.
2) The Company will provide 30-day advance notice in case an account is classified as being dormant, and users may remove such dormant status via accessing a game during the advance notice period.
3) Game information that is deleted following classification of the relevant account as a dormant account will not be recoverable.
7. Recovery Policy
1) All reports, investigation and recovery pertaining to all recovery cases of Marvel End Time Arena will be investigated on the basis of items that are verifiable using logs, and an investigation may be undertaken only if a report is made within 15 days of the occurrence date. False or exaggerated report may result in implementation of such measures as restricted use or recovery being denied in accordance with the terms of this License Agreement.
2) In the event item/account (ID) information is lost or changed due to errors in game service technology, the Company will restore such information if it is clearly and objectively ascertainable using logs recorded within games, to the extent that this will not overtask the games’ balance. Notwithstanding the above, in case a paid service purchased by a user is lost due to causes attributable to the Company, the Company will restore such service, provide paid services of the same type of similar value or refund the purchase price corresponding to the remaining term in accordance with the terms of this License Agreement.
3) Users will be held liable in connection with any and all accidents that occur while an account (ID) is being shared or during a cash transaction/transaction-in-kind involving an account (ID) or items, or accidents that occur while an item is being exchanged/sold within a game. The Company will not provide help for any and all resulting loss or damage.
4) Users will not receive help regarding any harm or damage incurred as a result of their own fault, or failure to understand the terms of this License Agreement, notifications within games and notifications on the website.
※ What constitutes a user’s own fault?
① When the right to use an item is subject to transfer upon normal consummation of a voluntary transaction involving the item within a game;
② When an item is mistakenly or intentionally deleted or sold to NPC;
③ When an item is delivered or loaned without correctly ascertaining the counterparty’s identity;
④ When damage has been incurred due to the failure to correctly ascertain the transaction item, price, quantity and transaction object in the process of utilizing the transaction system; and
⑤ Any and all damages sustained as a result of the failure to understand and pay attention to what is a normal system within a game.
5) Information on user account (ID) and items can be modified/changed/deleted based on game planning or operational determination. There will be no individual recovery following such modification/change/deletion.
6) Due to difficulties in figuring out the definite causes of damages resulting from issues related to internet cables installed on users’ personal computers, circuit failure or loss of access due to computer system failure, the Company will not provide any help in related recovery in order to prevent any and all abuses using such issues.
8. Report
1) Users may submit various queries/requests/recommendations regarding their account (ID) including game services or raise objections to sanctions using the ‘direct inquiry’ function on the website.
2) The Company will handle all registered reports in the order in which they are received. The Company may handle reports on a first-come first-served basis or delay the handling of certain reports depending on the seriousness of the report.
3) The Company does not provide information on the outcome of sanctions on users resulting from a violation of its policy in order to prevent secondary damage.
4) In case the Company deems a user’s objection to be reasonable, the Company will immediately lift the sanction on the user and adjust and restore the modified item.
9. Restricted Use of Services Policy
1) In order to ensure the smooth operation of games and a sound gaming environment, in the event a user acts in violation of the terms of this License Agreement, the Company may restrict the user’s use of games and bulletins, and specify the reasons and process for such restriction in Operation Policy.
2) Interference with the Company’s smooth provision of services or a false report may result in restrictions in submitting direct inquiry.
3) When a user continuously receives sanctions in accordance with the terms of this License Agreement, the Company may restrict membership and restrict the use of all accounts (IDs) under the same name. When the degree of continuous sanctions is very severe, the Company may take such measures as restricting access and refusing to provide services.
4) Restrictions may proceed when the Company ascertains the fact of a user’s violation of the terms of this License agreement. Such restricted use may encompass uses that do not fall within the scope of the violation if such restriction conforms to social norms.
9-1. Filing Objections to Restricted Use of Services
1) A user may file an objection regarding the content of a measure restricting the use of services by registering a query with the customer center indicated on the website.
2) Filing of objection will only be received from the relevant account (ID) that is restricted from use of services. Such objection may be filed only up to seven days after the start date of the use restriction measure.
3) Should problems arise in connection with an objection in the future, the Company may provide the content of the objection to the agencies concerned (e.g., the Consumer Protection board and the Police, among others) as related data.
9-2. Temporary Restriction on Use for Account Protection and Verification
1) GM may temporarily restrict a user from using the services during the identity verification process to protect personal information privacy.
2) GM may restrict use of the relevant account (ID) or IP address in each of the following cases:
- A use restriction measure may be imposed in case of suspected account theft or identity theft, until the identity verification process is completed;
- A temporary use restriction measure may proceed in relation to an IP address in case of abnormal excessive access from the IP address; or
- A use restriction measure may be imposed when identity verification is necessary in relation to the use of an unofficial program, until the identity verification process is completed.
※ In case the Company finds records indicating suspected identity theft in relation to compliance with the Game Industry Promotion Act, Resident Registration Act and Act on Promotion of Information and Communication Network Use and Information Protection, the Company may impose use restriction measures to verify information regarding the relevant account (ID) or IP address. Please pay particular attention to the fact that account theft and identity theft (which are strictly prohibited under the law) may give rise to civil/criminal liability.
10. Online Community Policy
1) The target scope of community operation policy encompasses all content comprising games and online services.
2) The Company may temporarily suspend games and online services for purposes of quality improvement of community services and equipment inspection. The Company shall specify the reasons for such temporary suspension and time of suspended services except in cases where it is impossible to provide prior notice.
11. Miscellaneous
All matters arising out of or in connection with this License Agreement are governed by and construed in accordance with the laws of the Republic of Korea. Any legal action arising under this License Agreement between you and the Company may be filed by either party with the competent court in accordance with the Civil Procedure Act.
<Addendum>
1. This License Agreement will come into force as of March 13, 2018.