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END-USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE INSTALLING BLUE FEAR, (THE "GAME SOFTWARE"). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE FOLLOWING SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY NUKA GAMES, LOCATED AT 92, SAEMUNAN-RO, JONGNO-GU, SEOUL, REPUBLIC OF KOREA. YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "I ACCEPT" to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "I DO NOT ACCEPT" and NUKA GAMES shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. NUKA GAMES grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer at any given time solely for your personal use. All rights not specifically granted under this License are hereby reserved by NUKA GAMES and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, locations, concepts, artwork, graphics, animation, sounds, audio-visual effects, ) are owned by NUKA GAMES or its licensors.
The Game Software is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, Korean and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed from CryTek, and NUKA GAMES and NUKA GAMES's licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from NUKA GAMES, use, or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(c) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of NUKA GAMES.
(d) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of NUKA GAMES and/or its licensors on creation, in any event);
(e) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(f) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations;
GAME SOFTWARE UPDATES AND PATCHES
NUKA GAMES may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. NUKA GAMES may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to NUKA GAMES the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
LIMITED WARRANTY
THE SOFTWARE AND SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUKA GAMES DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting any of the foregoing, NUKA GAMES does not ensure continuous, error-free, secure or virus-free operation of the NUKA GAMES Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL NUKA GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, COMPUTRE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF NUKA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL NUKA GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT.
TERM AND TERMINATION
The License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s). The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “DISPUTE RESOLUTION,” and “Miscellaneous” shall survive any termination of this License.
INDEMNITY
You agree to indemnify, defend and hold NUKA GAMES, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
DISPUTE RESOLUTION
If a dispute arises between You and NUKA GAMES, our goal is to provide You with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, You and NUKA GAMES agree to resolve any claim or controversy at law or in equity that arises from or relates to this Legal Agreement in accordance with one of the subsections below.
The Legal Agreement and the relationship between You and NUKA GAMES shall be governed in all respects by the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
You and NUKA GAMES agree to submit to the exclusive jurisdiction and venue of the courts located in the Republic of Korea. Notwithstanding this, You agree that NUKA GAMES is allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
All Claims you bring against NUKA GAMES must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. If You file a Claim contrary to this Dispute Resolution Section, NUKA GAMES may recover attorneys’ fees and costs up to One Thousand U.S. Dollars ($1,000.00 USD), provided that NUKA GAMES notifies You in writing of the improperly filed Claim and You fail to promptly withdraw the Claim.
AMENDMENTS
NUKA GAMES reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Steam Community Hub and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and NUKA GAMES concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and NUKA GAMES. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE INSTALLING BLUE FEAR, (THE "GAME SOFTWARE"). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE FOLLOWING SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY NUKA GAMES, LOCATED AT 92, SAEMUNAN-RO, JONGNO-GU, SEOUL, REPUBLIC OF KOREA. YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "I ACCEPT" to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "I DO NOT ACCEPT" and NUKA GAMES shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. NUKA GAMES grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer at any given time solely for your personal use. All rights not specifically granted under this License are hereby reserved by NUKA GAMES and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, locations, concepts, artwork, graphics, animation, sounds, audio-visual effects, ) are owned by NUKA GAMES or its licensors.
The Game Software is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, Korean and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed from CryTek, and NUKA GAMES and NUKA GAMES's licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from NUKA GAMES, use, or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(c) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of NUKA GAMES.
(d) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of NUKA GAMES and/or its licensors on creation, in any event);
(e) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(f) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations;
GAME SOFTWARE UPDATES AND PATCHES
NUKA GAMES may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. NUKA GAMES may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to NUKA GAMES the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
LIMITED WARRANTY
THE SOFTWARE AND SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUKA GAMES DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting any of the foregoing, NUKA GAMES does not ensure continuous, error-free, secure or virus-free operation of the NUKA GAMES Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL NUKA GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, COMPUTRE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF NUKA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL NUKA GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT.
TERM AND TERMINATION
The License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s). The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “DISPUTE RESOLUTION,” and “Miscellaneous” shall survive any termination of this License.
INDEMNITY
You agree to indemnify, defend and hold NUKA GAMES, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
DISPUTE RESOLUTION
If a dispute arises between You and NUKA GAMES, our goal is to provide You with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, You and NUKA GAMES agree to resolve any claim or controversy at law or in equity that arises from or relates to this Legal Agreement in accordance with one of the subsections below.
The Legal Agreement and the relationship between You and NUKA GAMES shall be governed in all respects by the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
You and NUKA GAMES agree to submit to the exclusive jurisdiction and venue of the courts located in the Republic of Korea. Notwithstanding this, You agree that NUKA GAMES is allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
All Claims you bring against NUKA GAMES must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. If You file a Claim contrary to this Dispute Resolution Section, NUKA GAMES may recover attorneys’ fees and costs up to One Thousand U.S. Dollars ($1,000.00 USD), provided that NUKA GAMES notifies You in writing of the improperly filed Claim and You fail to promptly withdraw the Claim.
AMENDMENTS
NUKA GAMES reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Steam Community Hub and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and NUKA GAMES concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and NUKA GAMES. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.