PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT CAREFULLY. THEY ARE INTENDED TO CREATE A LEGALLY BINDING AGREEMENT.
THIS END USER LICENSE AGREEMENT (“EULA”) SETS FORTH THE TERMS AND CONDITIONS UPON WHICH WE, WEBZEN INC., A KOREAN CORPORATION AND ITS LICENSORS (COLLECTIVELY, “WEBZEN”, “WE”, “OUR” OR “US”) PERMIT YOU TO DOWNLOAD AND INSTALL SOFTWARE AND RELATED ONLINE OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE “GAME SOFTWARE”) YOU WILL NEED TO PLAY CERTAIN COMPUTER GAMES (“GAMES”) IN CONJUNCTION WITH THE FEATURES AND FUNCTIONALITY OFFERED BY OUR ON-LINE GAME SERVICE (THE “SERVICE”) AT THE WEBZEN WEBSITE AT WWW.WEBZEN.COM (THE “WEBSITE”).
BY CLICKING THE “ACCEPT” BUTTON BELOW OR USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY EACH OF THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS EULA, YOU MUST CLICK ON THE “CANCEL” BUTTON, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE.
1. Grant of a Limited License.
WEBZEN and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Game Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by WEBZEN, its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Game Software. The rights described in the foregoing sentence are the copyrighted work of WEBZEN and/or its licensors and are protected by the copyright laws of any nation in which WEBZEN provides the end user with the Game Software, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Game Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this EULA.
Nothing in this EULA is intended to transfer any of the right, title and interest (including all intellectual property rights) described in the paragraph above from WEBZEN and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to WEBZEN or its licensors, as the case may be, all such rights as of the effective date of this EULA, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
Only those licenses expressly set forth in this EULA are granted. No other licenses are granted under this EULA, whether by implication, estoppel, course of conduct, or otherwise.
3. Specific Limitations.
The licenses granted to you by this EULA is personal to you and is subject to the following further limitations. You shall not or permit any other person to:
(a) in whole or in part, (i) modify or create any derivative work of the Game Software, or (ii) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Game Software;
(b) modify or remove any copyright, patent, confidentiality, and other notices, labels or legends in the Game Software;
(c) sell, grant a security interest in or transfer reproductions of the Game or Game Software to other parties in any way not expressly authorized herein;
(d) assign, rent, lease or license the Game or Game Software to others;
(e) exploit the Game or Game Software or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site without the express written consent of WEBZEN;
(f) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by WEBZEN or its licensors in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks;
(g) use any third-party software to modify the Game Software to change Game play, including, but not limited to, cheats and/or hackers; or
(h) create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service may only be made through methods and means expressly approved by WEBZEN. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game’s proprietary interface or interfaces other than those expressly provided by WEBZEN for public use.
Your failure to comply with the restrictions and limitations listed above and elsewhere in this EULA shall result in immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Game Software for archival purposes only.
5. Modifications to Game Software.
WEBZEN and/or its licensors may deploy or provide patches, updates, error corrections, bug-fixes, and modifications to the Game Software that must be installed for the user to continue to play the Game. WEBZEN and/or its licensors may update the Game Software remotely, including, without limitation, the Game Software residing on the user’s machine, without your knowledge or consent, and you hereby grant to WEBZEN and its licensors your consent to deploy and apply such patches, updates, error corrections, bug-fixes, and modifications to the Game Software.
6. Termination or Discontinuation of Service.
The Game is an “on-line” computer game that must be played over the Internet through the Service, as provided by WEBZEN. You understand and agree that the Service is provided by WEBZEN at its discretion and may be terminated or otherwise discontinued by WEBZEN pursuant to the Terms of Service.
7. Limited Warranty.
WEBZEN AND ITS LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY FOR THE GAME OR THE GAME SOFTWARE AND ANY COMPONENTS THERETO. THE GAME AND GAME SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE GAME AND GAME SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
NEITHER WEBZEN NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE GAME OR GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, WEBZEN AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. WEBZEN AND ITS LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL WEBZEN OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Equitable Remedies.
You hereby agree that WEBZEN and its licensors would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that WEBZEN and its licensors shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as WEBZEN and its licensors may otherwise have available to it under applicable laws.
In the event any litigation is brought by WEBZEN or its licensors in connection with this EULA and either is deemed a prevailing party, each shall be entitled to recover from you all the costs, attorneys’ fees and other expenses it incurred in such litigation.
10. EULA Amendments.
WEBZEN and its licensors reserve the right, at their sole discretion, to amend, add or delete any of the terms and conditions of this EULA when the Game Software is upgraded, effective upon prior notice as follows: WEBZEN will post notification of any such changes to this EULA on the Website and will provide a link to the revised version of this EULA, and may provide such other notice as WEBZEN may elect in its sole discretion. If any future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA, you may terminate this EULA in accordance with the terms herein. Your installation and use of any updated or modified Game Software or your continued use of the Game Software following notice of changes to this EULA as described above means you accept any and all such changes. WEBZEN and its licensors may change, modify, suspend, or discontinue any aspect of the Game, Game Software and/or the Service at any time. WEBZEN may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You disclaim any right, title or interest, monetary or otherwise, in any feature or content contained in the Game, Game Software and/or the Service.