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End User License Agreement
PLEASE READ THESE END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, UPON PLAYING THIS GAME SOFTWARE PROGRAM FOR PERSONAL COMPUTER (THE “PROGRAM”).
This Agreement shall come into effect between RYM GAMES S.A. (“ RYM GAMES”) and user(s) upon installation of the Program by the user.
Those users between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence) or a person with limited capacity shall install the Program only after obtaining approval from its parent or legal guardian who agrees to be bound by these provisions of EULA.
1. Grant of Limited Rights
(1) RYM GAMES shall grant a non-exclusive license to users who install the Program to their own personal computer only for the purpose of playing the game for its personal use under the condition that the users shall abide by and comply with the provisions hereunder.
(2)Users shall not sublicense the rights granted by RYM GAMES in the previous clause under any and all circumstances to any other party.
(3)Users agree and understand that rights granted in clause 1 of this Paragraph is the proprietary right of the users who purchased the usage rights for the Program and shall not be assigned or transferred to any third party under no circumstances.
2. Addition or Modification to the Program
(1) RYM GAMES may provide an additional or modified Program to change, modify, expand functions, add contents and modify bugs. The provision in this EULA shall also be applied to such additional or modified Program.
(2)Such additional or modified Program shall be provided for free, unless RYM GAMES decides to provided them with compensation.
(3) RYM GAMES reserves the right, at its discretion, to provide an additional or modified Program and RYM GAMES is not obliged to provide such additional or modified Program to the users.
3. Authentication
(1)For the use of license management, when accessed for the first or following times of activation, this game may access a server, etc. provided by a third party besides RYM GAMES.
(2)Upon usage of the Program, the users may need to login to the game platform (e.g. STEAM platform provided by Valve Corporation, hereinafter “Third Party PF”) provided by any third party besides RYM GAMES for the first time of activation or sometimes each and every time of activation.
(3)The users shall comply with all applicable standard terms and conditions, rules and regulations or any other matters provided by such third party when using such Third Party PF in case of the previous provision.
(4) RYM GAMES will not take part in or responsible for the use of such Third Party PF by the users unless it is directly related to the usage of the Program. The users shall contact those service providers that provide the Third Party PF, when they need to contact anything related to the Third Party PF.
(5)The Program may not be able to activate from country or territory other than where the users purchased the Program when the users need to login to the Third Party PF upon usage of the Program. In such case, users shall use the Program in the designated country or territory where the Program has been purchased.
4. Intellectual Property Rights
(1)The intellectual property rights for the Program belongs to RYM GAMES or any legitimate third party, and shall be protected under the International Treaty, convention and any other applicable laws (including in users’ country of residence). Upon users failure to comply with this EULA and violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes, RYM GAMES or the owner of such intellectual property rights may file injunction, request compensation of damage and take necessary legal means in order to protect their rights.
(2)This EULA is only for the purpose of granting the usage rights for the Program from RYM GAMES to the users and any or whole part of the intellectual property rights for the Program is not to be transferred or assigned to the users.
5. Prohibited Conduct
The users shall be prohibited from doing the following acts upon usage of the Program:
①Any act which may infringe the intellectual property rights of RYM GAMES such as to copy (except for the purpose of installing the Program), modify, alter, translate reverse engineer, decompile, disassemble, extract or otherwise attempt to discover the source code of the Program or any part thereof, except and only to the extent that this activity is expressly permitted by the law of the user’s country of residence.
②To analyze the communication protocol or any other data used in the Program and to use them for any other purpose.
③Any commercial use of the Program or any part thereof in the internet cafe, game arcade or any other place, without the prior written permission of RYM GAMES.
④Any commercial use of the Program or any part thereof to hold and provide an event or a tournament (except for the personal use within the family, friends or any other similar limited groups), without the prior written permission of RYM GAMES.
⑤To intentionally utilize such defects upon trouble or failure in the Program.
⑥To interfere with or disrupt the contents and functionality provided by the Program or any service (e.g. fighting opponent service between the users of the Program) provided by the Program.
⑦Any act corresponding to or similar to any of the acts which may be detriment to RYM GAMES, as provided in each of the previous provision.
6. Termination
(1)The users may at any time terminate this EULA by uninstalling the Program from their personal computer.
(2) RYM GAMES reserves the right, without notice and in their sole discretion, to terminate the EULA upon one (1) or any breach of the provisions provided hereto. In such case the users shall immediately stop using the Program and shall uninstall the Program from their personal computer.
7. Export Restriction
The users agree to comply with all applicable laws and regulations of any applicable countries (including users’ country of residence).
8. Disclaimers; No Warranties
(1)THE CONTENT AND MATERIALS CONTAINED IN THE PROGRAM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY RYM GAMES. RYM GAMES DISCLAIM ALL OTHER WASRRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SAFETYNESS OF THE GAME, STABILITY OF THE MOVEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
(2)IN NO EVENT SHALL RYM GAMES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE PROGRAM.
9.AMENDMENTS TO EULA
(1) RYM GAMES may amend this EULA unilaterally at any time in its sole discretion by displaying such amendment on the Third Party PF, official website or within the game screen of the Program.
(2)Notwithstanding the foregoing provision, if such amendment is detrimental to the users, RYM GAMES shall take reasonable means such as displaying or posting such amendment in advance.
10. Miscellaneous
(1)If any provision of this EULA is held to be unlawful, void, or for any reason unenforceable, then such provision will be eliminated from these provision to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Disclaimers and Limitation of Liability
[Product]includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. [Licensor], Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, [Licensor], Epic, and Epic’s affiliates make no warranty that
(1) any of the Epic Materials will operate properly, including as integrated in the [Product],
(2) that the Epic Materials will meet your requirements,
(3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected,
(5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or
(6) that a platform manufacturer has approved or will approve this [Product], or will not revoke approval of this [Product] for any or no reason.
Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by [Licensor] and Epic. [Licensor], Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither [Licensor], Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’s]or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will [Licensor], Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’s] or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of [Licensor’s], Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if [Licensor], Epic or Epic’s affiliates have been advised of the possibility of such damages.
These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of [Licensor], Epic, Epic’s licensors, its and their affiliates, and any of [Licensor’s] or Epic’s service providers shall be limited to the full extent permitted by law.
Effective as of September 25, 2018
PLEASE READ THESE END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, UPON PLAYING THIS GAME SOFTWARE PROGRAM FOR PERSONAL COMPUTER (THE “PROGRAM”).
This Agreement shall come into effect between RYM GAMES S.A. (“ RYM GAMES”) and user(s) upon installation of the Program by the user.
Those users between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence) or a person with limited capacity shall install the Program only after obtaining approval from its parent or legal guardian who agrees to be bound by these provisions of EULA.
1. Grant of Limited Rights
(1) RYM GAMES shall grant a non-exclusive license to users who install the Program to their own personal computer only for the purpose of playing the game for its personal use under the condition that the users shall abide by and comply with the provisions hereunder.
(2)Users shall not sublicense the rights granted by RYM GAMES in the previous clause under any and all circumstances to any other party.
(3)Users agree and understand that rights granted in clause 1 of this Paragraph is the proprietary right of the users who purchased the usage rights for the Program and shall not be assigned or transferred to any third party under no circumstances.
2. Addition or Modification to the Program
(1) RYM GAMES may provide an additional or modified Program to change, modify, expand functions, add contents and modify bugs. The provision in this EULA shall also be applied to such additional or modified Program.
(2)Such additional or modified Program shall be provided for free, unless RYM GAMES decides to provided them with compensation.
(3) RYM GAMES reserves the right, at its discretion, to provide an additional or modified Program and RYM GAMES is not obliged to provide such additional or modified Program to the users.
3. Authentication
(1)For the use of license management, when accessed for the first or following times of activation, this game may access a server, etc. provided by a third party besides RYM GAMES.
(2)Upon usage of the Program, the users may need to login to the game platform (e.g. STEAM platform provided by Valve Corporation, hereinafter “Third Party PF”) provided by any third party besides RYM GAMES for the first time of activation or sometimes each and every time of activation.
(3)The users shall comply with all applicable standard terms and conditions, rules and regulations or any other matters provided by such third party when using such Third Party PF in case of the previous provision.
(4) RYM GAMES will not take part in or responsible for the use of such Third Party PF by the users unless it is directly related to the usage of the Program. The users shall contact those service providers that provide the Third Party PF, when they need to contact anything related to the Third Party PF.
(5)The Program may not be able to activate from country or territory other than where the users purchased the Program when the users need to login to the Third Party PF upon usage of the Program. In such case, users shall use the Program in the designated country or territory where the Program has been purchased.
4. Intellectual Property Rights
(1)The intellectual property rights for the Program belongs to RYM GAMES or any legitimate third party, and shall be protected under the International Treaty, convention and any other applicable laws (including in users’ country of residence). Upon users failure to comply with this EULA and violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes, RYM GAMES or the owner of such intellectual property rights may file injunction, request compensation of damage and take necessary legal means in order to protect their rights.
(2)This EULA is only for the purpose of granting the usage rights for the Program from RYM GAMES to the users and any or whole part of the intellectual property rights for the Program is not to be transferred or assigned to the users.
5. Prohibited Conduct
The users shall be prohibited from doing the following acts upon usage of the Program:
①Any act which may infringe the intellectual property rights of RYM GAMES such as to copy (except for the purpose of installing the Program), modify, alter, translate reverse engineer, decompile, disassemble, extract or otherwise attempt to discover the source code of the Program or any part thereof, except and only to the extent that this activity is expressly permitted by the law of the user’s country of residence.
②To analyze the communication protocol or any other data used in the Program and to use them for any other purpose.
③Any commercial use of the Program or any part thereof in the internet cafe, game arcade or any other place, without the prior written permission of RYM GAMES.
④Any commercial use of the Program or any part thereof to hold and provide an event or a tournament (except for the personal use within the family, friends or any other similar limited groups), without the prior written permission of RYM GAMES.
⑤To intentionally utilize such defects upon trouble or failure in the Program.
⑥To interfere with or disrupt the contents and functionality provided by the Program or any service (e.g. fighting opponent service between the users of the Program) provided by the Program.
⑦Any act corresponding to or similar to any of the acts which may be detriment to RYM GAMES, as provided in each of the previous provision.
6. Termination
(1)The users may at any time terminate this EULA by uninstalling the Program from their personal computer.
(2) RYM GAMES reserves the right, without notice and in their sole discretion, to terminate the EULA upon one (1) or any breach of the provisions provided hereto. In such case the users shall immediately stop using the Program and shall uninstall the Program from their personal computer.
7. Export Restriction
The users agree to comply with all applicable laws and regulations of any applicable countries (including users’ country of residence).
8. Disclaimers; No Warranties
(1)THE CONTENT AND MATERIALS CONTAINED IN THE PROGRAM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY RYM GAMES. RYM GAMES DISCLAIM ALL OTHER WASRRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SAFETYNESS OF THE GAME, STABILITY OF THE MOVEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
(2)IN NO EVENT SHALL RYM GAMES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE PROGRAM.
9.AMENDMENTS TO EULA
(1) RYM GAMES may amend this EULA unilaterally at any time in its sole discretion by displaying such amendment on the Third Party PF, official website or within the game screen of the Program.
(2)Notwithstanding the foregoing provision, if such amendment is detrimental to the users, RYM GAMES shall take reasonable means such as displaying or posting such amendment in advance.
10. Miscellaneous
(1)If any provision of this EULA is held to be unlawful, void, or for any reason unenforceable, then such provision will be eliminated from these provision to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Disclaimers and Limitation of Liability
[Product]includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. [Licensor], Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, [Licensor], Epic, and Epic’s affiliates make no warranty that
(1) any of the Epic Materials will operate properly, including as integrated in the [Product],
(2) that the Epic Materials will meet your requirements,
(3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected,
(5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or
(6) that a platform manufacturer has approved or will approve this [Product], or will not revoke approval of this [Product] for any or no reason.
Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by [Licensor] and Epic. [Licensor], Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither [Licensor], Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’s]or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will [Licensor], Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’s] or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of [Licensor’s], Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if [Licensor], Epic or Epic’s affiliates have been advised of the possibility of such damages.
These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of [Licensor], Epic, Epic’s licensors, its and their affiliates, and any of [Licensor’s] or Epic’s service providers shall be limited to the full extent permitted by law.
Effective as of September 25, 2018