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End User License Agreement
Please read the following End User License Agreement (the “Agreement”) before installing Hunter’s Arena: Legends (the “Game Software”). By installing, copying, or using the Game Software in any other way, the User agrees to the terms and conditions of this Agreement as set forth by Mantisco, Co., Ltd., located at 4th floor, 35-6, Samsung-ro 85gil, Gangnam-gu, Seoul, Korea and its affiliates (the “Company”).
The use of the Game Software by the User shall be subject to the STEAM™ SUBSCRIBER AGREEMENT or any other terms and conditions set forth by VALVE CORPORATION in relation to the STEAM SERVICE.
If you agree to the terms and conditions set forth in this Agreement, select “I ACCEPT” to install the Game Software, and this indicates that you have understood and accepted the terms and conditions of this Agreement and the conditions of use of the Game Software.
If you do not agree to the terms and conditions set forth in this Agreement, select “I DO NOT ACCEPT,” and the Company shall not grant you the license (as defined below) to the Game Software.
Limited Use of License
The term “Game Software” shall mean and include the software included in the video game, associated media, any and all software associated with the online mode of the video game (subject to any additional terms of service applicable to such online mode), any and all printed materials, manuals, online or electronic documentation, and any and all copies of such software and materials.
The Company grants the User the non-exclusive, non-transferable, limited rights and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time, solely for personal use.
All rights that are not specifically granted hereunder are reserved by the Company and its licensors, if applicable. The User is granted the license to the Game Software, and this does not constitute a sale thereof. This License does not grant the User any title or ownership to the Game Software, and this should not be construed as a sale or transfer of any intellectual property rights or other rights thereto.
Ownership
The User agrees and acknowledges that all title, ownership, and intellectual property rights in relation to the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer codes, objects, characters, names of characters, stories, dialogs, locations, concepts, illustrations, graphics, animations, sounds, musical compositions, audio-visual effects, texts, screen displays, methods of operation, authorship rights, and “applets” incorporated into the Game Software, and any related documentation) are owned by the Company and its licensors.
The Game Software is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, common laws, trademark laws and other laws of Korea. Moreover, copyrights and all other rights to the Game Software are reserved worldwide.
The Game Software contains certain materials licensed by the Company, and the Company and its licensors may protect their respective rights in the event of any breach of this Agreement.
Conditions and Restrictions of the License
The User agrees to use the Game Software or any part of it in a manner that is consistent with this License, and the User shall not:
1) Use, advertise or exploit the Game Software or any part thereof for commercial purposes without the written permission from the Company (including but not limited to using them at a cyber (internet) café, computer gaming center, or any other location-based site).
2) Run the Game Software or permit the running thereof on two or more computers, game consoles, handheld device, or PDAs at the same time without a separate additional license from the Company.
3) Use the Game Software or permit the use thereof in a network, in a multi-user arrangement or remote access arrangement method, including any online use, except as otherwise explicitly permitted by the Company in writing.
4) Make copies of the Game Software or any part thereof, except for making one (1) copy thereof for backup or record-keeping purposes or materials provided therewith for non-commercial backup or reference purposes.
5) Sell, rent, lease, license, distribute, upload on an internet server or website, or transfer the Game Software or any copies thereof, make copies of the Game Software or any part thereof without the prior written consent of the Company. Notwithstanding the foregoing, the User may permanently transfer the rights and obligations granted to the User hereunder by physically transferring the original Game Software media (e.g. the CD-ROM or DVD purchased by the User), all packaging, product manuals and/or any other documentation provided with the Game Software, provided that the User permanently deletes all copies and installation files of the Game Software in his or her possession and that the recipient agrees to the terms and conditions of this Agreement. The User shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may arise in connection with the transfer.
6) Reverse engineer, derive source code, modify, decompile, disassemble, or create any derivative works of the Game Software or any part thereof (except as explicitly permitted by applicable laws, all copyrights and authorship rights including lawful modifications, upgrades, etc., shall be the exclusive property of the Company and its licensors and vested therein under any circumstances).
7) Remove, disable, or circumvent any security protection measures or any technical measures that control access to the Game Software.
8) Remove, modify, damage, or circumvent any proprietary notices or labels contained in the Game Software.
9) Export or re-export the Game Software or any copy thereof in violation of any applicable laws or regulations.
10) Create data or run programs that imitate the data or functions of the Game Software.
Furthermore, the User agrees to comply with the safety information, repair and maintenance instructions or other relevant notes included in the manual of the Game Software.
Game Software Updates and Patches
The Company may provide updates, patches, and other modifications to the Game Software that must be installed for the User to run and play the Game properly. The Company may update, patch, or modify the Game Software remotely and for such purposes, access the Game Software installed on the User’s computer. The User hereby grants to the Company the right to distribute and apply such patches, updates, and modifications to the Game Software installed on the User’s computer. The term “Game Software” hereunder shall also include all of the abovementioned patches, updates, and modifications.
Limitation of Warranties
To the maximum extent permitted by law and unless there is any intentional act or gross negligence on the part of the Company, the Game Software, Services, Contents, etc., are provided on an “AS IS” basis and at your own risk.
The Company hereby expressly disclaims all warranties or conditions of any kind—written or oral, express or implied (including but not limited to implied warranties of title, non-infringement, merchantability, quiet enjoyment, accuracy, or fitness for a particular purpose). Without limitation to the foregoing, the Company does not represent, warrant or guarantee that the Services will be provided uninterrupted, error-free, virus-free, or free from other harmful factors. Some states or countries do not allow the disclaimer of implied warranties; therefore, the foregoing disclaimers may not be applicable to the User. These warranties grant the User specific legal rights, and the User may also have different legal rights in a different state or country.
Limitation of Liability
Unless there is any intentional act or gross negligence on the part of the Company, the Company or its licensors shall not be liable for any special, incidental, or indirect damages that may arise from possession, use, or malfunction of the Game Software (including but not limited to loss of profits, damage to property, loss of or damage to data or files, loss of goodwill, breakdown or failure of console, computer, or handheld device, loss of business, loss of or damage to other information, and personal injuries). This is also true whether or not the Company already knew about the possibility of such losses or damages.
Furthermore, unless there is any intentional act or gross negligence on the part of the Company, the Company or its licensors shall not be liable for special, incidental, or indirect damages resulting from the breach of any express or implied warranties or any other terms and conditions hereof.
Unless there is any intentional act or gross negligence on the part of the Company, the Company’s total liability shall not exceed the actual purchase price of the Game Software. The foregoing shall apply even if any remedy fails to achieve its essential purpose.
Agreement Term and Termination
Without prejudice to any other rights of the Company, the License shall remain in effect for as long as the User uses, operates, or runs the Game. The License shall terminate automatically if the User fails to comply with the terms and conditions hereof. In such event, the User shall delete and destroy all copies of the Game Software. The User may terminate this Agreement at any time by deleting or destroying the Game Software from the User’s computer or other applicable hardware. However, the Sections entitled “Ownership,” “Conditions and Restrictions of the License,” “Limitation of Liability,” “Agreement Term and Termination,” “Injunction,” “Indemnifications,” “Dispute Resolution,” and “Miscellaneous” shall survive any termination of this Agreement.
Injunction
Since there are risks of irreparable damages to the Company unless the terms and conditions hereof are specifically executed, the User agrees that the Company shall have the right to take necessary measures without any deposit, security, or proof of damages. Such right shall include the right to seek an injunction or other equitable remedies, in addition to any other remedies available under applicable laws.
Indemnification
Unless there is an intentional act or gross negligence on the part of the Company, the User agrees to indemnify and hold harmless the Company and its partners, affiliates, contractors, licensors, officers, directors, employees, and agents from any and all claims, damages, related costs and expenses (including reasonable attorney’s fees to the extent permitted by applicable laws) arising directly or indirectly from the User’s act or omission to act in connection with the use of the Game Software or breach of the terms and conditions hereof.
Dispute Resolution
If a dispute arises between the User and the Company, the Company will provide the User with a neutral and efficient means to promptly resolve the dispute. Therefore, the User and the Company hereby agree to resolve any claim or controversy arising from or in relation to this Agreement in accordance with one of the following subsections:
The Agreement and the relationship between the User and the Company shall be governed and regulated by the laws of the Republic of Korea without regard to the conflict of law principles or the United Nations Convention on the Contracts for the International Sales of Goods.
The User and the Company agree that the courts of the Republic of Korea have exclusive jurisdiction. Notwithstanding, the User agrees that the Company may seek an injunction or other remedies in any court of its choice.
Where the total amount in controversy for any claim, except for a claim for injunction or other remedies, is less than ten thousand U.S. dollars (US$ 10,000.00), the party seeking relief may elect to resolve the claim through an arbitration, which is efficient and not based on personal appearance. A party requesting for an arbitration shall initiate the process through an alternative dispute resolution provider mutually agreed upon and determined by the parties.
The alternative dispute resolution provider and the parties shall comply with the following rules:
1) The arbitration shall be conducted, at the option of the party seeking relief, by way of telephone, online, or submission of written documentation only.
2) The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon by the parties.
3) Any judgment by the arbitrator may be submitted to any court of competent jurisdiction.
Any and all claims filed or brought against the Company shall be resolved in accordance with this Dispute Resolution Section. Any and all claims filed or brought against this Dispute Resolution Section shall be considered improperly filed. If the User files a claim contrary to this Dispute Resolution Section, the Company may recover reasonable attorney’s fees and related expenses up to one thousand U.S. dollars (US$ 1,000.00), provided that the Company notifies the User in writing of the improperly filed claim and the User fails to promptly withdraw the claim, unless there is any intentional act or gross negligence on the part of the Company.
Changes to the Agreement
The Company reserves the right to change the contents of this Agreement at any time at its sole discretion, and will post such changes on the website (http://hunters.imantisco.com) or through the STEAM service. If the User does not accept or decides not to comply with the changes to the Agreement, the User may terminate this Agreement in accordance with the Termination Section hereof. The User’s installation or use of any updates or modifications to the Game Software or continued use thereof shall constitute the User’s acceptance of any and all such changes to the terms and conditions hereof.
Miscellaneous
This Agreement represents the entire agreement between the User and the Company concerning the License and the User’s rights to use the Game Software, and supersedes all prior agreements, representations, warranties and understandings between the User and the Company relating to the Agreement (including those made negligently or innocently, but excluding those made fraudulently). If any Section or portion of this Agreement becomes unenforceable for any reason, the relevant Section or portion may be amended only to the extent necessary to make it enforceable, and even in that case, the remaining Sections or portions hereof shall remain in full force and effect.
If you have any questions concerning this Agreement or the License, you may contact the following address.
(4th floor, 35-6, Samsung-ro 85gil, Gangnam-gu, Seoul, Korea)
Addendum
This Agreement shall take effect as of July 15, 2020.
Please read the following End User License Agreement (the “Agreement”) before installing Hunter’s Arena: Legends (the “Game Software”). By installing, copying, or using the Game Software in any other way, the User agrees to the terms and conditions of this Agreement as set forth by Mantisco, Co., Ltd., located at 4th floor, 35-6, Samsung-ro 85gil, Gangnam-gu, Seoul, Korea and its affiliates (the “Company”).
The use of the Game Software by the User shall be subject to the STEAM™ SUBSCRIBER AGREEMENT or any other terms and conditions set forth by VALVE CORPORATION in relation to the STEAM SERVICE.
If you agree to the terms and conditions set forth in this Agreement, select “I ACCEPT” to install the Game Software, and this indicates that you have understood and accepted the terms and conditions of this Agreement and the conditions of use of the Game Software.
If you do not agree to the terms and conditions set forth in this Agreement, select “I DO NOT ACCEPT,” and the Company shall not grant you the license (as defined below) to the Game Software.
Limited Use of License
The term “Game Software” shall mean and include the software included in the video game, associated media, any and all software associated with the online mode of the video game (subject to any additional terms of service applicable to such online mode), any and all printed materials, manuals, online or electronic documentation, and any and all copies of such software and materials.
The Company grants the User the non-exclusive, non-transferable, limited rights and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time, solely for personal use.
All rights that are not specifically granted hereunder are reserved by the Company and its licensors, if applicable. The User is granted the license to the Game Software, and this does not constitute a sale thereof. This License does not grant the User any title or ownership to the Game Software, and this should not be construed as a sale or transfer of any intellectual property rights or other rights thereto.
Ownership
The User agrees and acknowledges that all title, ownership, and intellectual property rights in relation to the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer codes, objects, characters, names of characters, stories, dialogs, locations, concepts, illustrations, graphics, animations, sounds, musical compositions, audio-visual effects, texts, screen displays, methods of operation, authorship rights, and “applets” incorporated into the Game Software, and any related documentation) are owned by the Company and its licensors.
The Game Software is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, common laws, trademark laws and other laws of Korea. Moreover, copyrights and all other rights to the Game Software are reserved worldwide.
The Game Software contains certain materials licensed by the Company, and the Company and its licensors may protect their respective rights in the event of any breach of this Agreement.
Conditions and Restrictions of the License
The User agrees to use the Game Software or any part of it in a manner that is consistent with this License, and the User shall not:
1) Use, advertise or exploit the Game Software or any part thereof for commercial purposes without the written permission from the Company (including but not limited to using them at a cyber (internet) café, computer gaming center, or any other location-based site).
2) Run the Game Software or permit the running thereof on two or more computers, game consoles, handheld device, or PDAs at the same time without a separate additional license from the Company.
3) Use the Game Software or permit the use thereof in a network, in a multi-user arrangement or remote access arrangement method, including any online use, except as otherwise explicitly permitted by the Company in writing.
4) Make copies of the Game Software or any part thereof, except for making one (1) copy thereof for backup or record-keeping purposes or materials provided therewith for non-commercial backup or reference purposes.
5) Sell, rent, lease, license, distribute, upload on an internet server or website, or transfer the Game Software or any copies thereof, make copies of the Game Software or any part thereof without the prior written consent of the Company. Notwithstanding the foregoing, the User may permanently transfer the rights and obligations granted to the User hereunder by physically transferring the original Game Software media (e.g. the CD-ROM or DVD purchased by the User), all packaging, product manuals and/or any other documentation provided with the Game Software, provided that the User permanently deletes all copies and installation files of the Game Software in his or her possession and that the recipient agrees to the terms and conditions of this Agreement. The User shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may arise in connection with the transfer.
6) Reverse engineer, derive source code, modify, decompile, disassemble, or create any derivative works of the Game Software or any part thereof (except as explicitly permitted by applicable laws, all copyrights and authorship rights including lawful modifications, upgrades, etc., shall be the exclusive property of the Company and its licensors and vested therein under any circumstances).
7) Remove, disable, or circumvent any security protection measures or any technical measures that control access to the Game Software.
8) Remove, modify, damage, or circumvent any proprietary notices or labels contained in the Game Software.
9) Export or re-export the Game Software or any copy thereof in violation of any applicable laws or regulations.
10) Create data or run programs that imitate the data or functions of the Game Software.
Furthermore, the User agrees to comply with the safety information, repair and maintenance instructions or other relevant notes included in the manual of the Game Software.
Game Software Updates and Patches
The Company may provide updates, patches, and other modifications to the Game Software that must be installed for the User to run and play the Game properly. The Company may update, patch, or modify the Game Software remotely and for such purposes, access the Game Software installed on the User’s computer. The User hereby grants to the Company the right to distribute and apply such patches, updates, and modifications to the Game Software installed on the User’s computer. The term “Game Software” hereunder shall also include all of the abovementioned patches, updates, and modifications.
Limitation of Warranties
To the maximum extent permitted by law and unless there is any intentional act or gross negligence on the part of the Company, the Game Software, Services, Contents, etc., are provided on an “AS IS” basis and at your own risk.
The Company hereby expressly disclaims all warranties or conditions of any kind—written or oral, express or implied (including but not limited to implied warranties of title, non-infringement, merchantability, quiet enjoyment, accuracy, or fitness for a particular purpose). Without limitation to the foregoing, the Company does not represent, warrant or guarantee that the Services will be provided uninterrupted, error-free, virus-free, or free from other harmful factors. Some states or countries do not allow the disclaimer of implied warranties; therefore, the foregoing disclaimers may not be applicable to the User. These warranties grant the User specific legal rights, and the User may also have different legal rights in a different state or country.
Limitation of Liability
Unless there is any intentional act or gross negligence on the part of the Company, the Company or its licensors shall not be liable for any special, incidental, or indirect damages that may arise from possession, use, or malfunction of the Game Software (including but not limited to loss of profits, damage to property, loss of or damage to data or files, loss of goodwill, breakdown or failure of console, computer, or handheld device, loss of business, loss of or damage to other information, and personal injuries). This is also true whether or not the Company already knew about the possibility of such losses or damages.
Furthermore, unless there is any intentional act or gross negligence on the part of the Company, the Company or its licensors shall not be liable for special, incidental, or indirect damages resulting from the breach of any express or implied warranties or any other terms and conditions hereof.
Unless there is any intentional act or gross negligence on the part of the Company, the Company’s total liability shall not exceed the actual purchase price of the Game Software. The foregoing shall apply even if any remedy fails to achieve its essential purpose.
Agreement Term and Termination
Without prejudice to any other rights of the Company, the License shall remain in effect for as long as the User uses, operates, or runs the Game. The License shall terminate automatically if the User fails to comply with the terms and conditions hereof. In such event, the User shall delete and destroy all copies of the Game Software. The User may terminate this Agreement at any time by deleting or destroying the Game Software from the User’s computer or other applicable hardware. However, the Sections entitled “Ownership,” “Conditions and Restrictions of the License,” “Limitation of Liability,” “Agreement Term and Termination,” “Injunction,” “Indemnifications,” “Dispute Resolution,” and “Miscellaneous” shall survive any termination of this Agreement.
Injunction
Since there are risks of irreparable damages to the Company unless the terms and conditions hereof are specifically executed, the User agrees that the Company shall have the right to take necessary measures without any deposit, security, or proof of damages. Such right shall include the right to seek an injunction or other equitable remedies, in addition to any other remedies available under applicable laws.
Indemnification
Unless there is an intentional act or gross negligence on the part of the Company, the User agrees to indemnify and hold harmless the Company and its partners, affiliates, contractors, licensors, officers, directors, employees, and agents from any and all claims, damages, related costs and expenses (including reasonable attorney’s fees to the extent permitted by applicable laws) arising directly or indirectly from the User’s act or omission to act in connection with the use of the Game Software or breach of the terms and conditions hereof.
Dispute Resolution
If a dispute arises between the User and the Company, the Company will provide the User with a neutral and efficient means to promptly resolve the dispute. Therefore, the User and the Company hereby agree to resolve any claim or controversy arising from or in relation to this Agreement in accordance with one of the following subsections:
The Agreement and the relationship between the User and the Company shall be governed and regulated by the laws of the Republic of Korea without regard to the conflict of law principles or the United Nations Convention on the Contracts for the International Sales of Goods.
The User and the Company agree that the courts of the Republic of Korea have exclusive jurisdiction. Notwithstanding, the User agrees that the Company may seek an injunction or other remedies in any court of its choice.
Where the total amount in controversy for any claim, except for a claim for injunction or other remedies, is less than ten thousand U.S. dollars (US$ 10,000.00), the party seeking relief may elect to resolve the claim through an arbitration, which is efficient and not based on personal appearance. A party requesting for an arbitration shall initiate the process through an alternative dispute resolution provider mutually agreed upon and determined by the parties.
The alternative dispute resolution provider and the parties shall comply with the following rules:
1) The arbitration shall be conducted, at the option of the party seeking relief, by way of telephone, online, or submission of written documentation only.
2) The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon by the parties.
3) Any judgment by the arbitrator may be submitted to any court of competent jurisdiction.
Any and all claims filed or brought against the Company shall be resolved in accordance with this Dispute Resolution Section. Any and all claims filed or brought against this Dispute Resolution Section shall be considered improperly filed. If the User files a claim contrary to this Dispute Resolution Section, the Company may recover reasonable attorney’s fees and related expenses up to one thousand U.S. dollars (US$ 1,000.00), provided that the Company notifies the User in writing of the improperly filed claim and the User fails to promptly withdraw the claim, unless there is any intentional act or gross negligence on the part of the Company.
Changes to the Agreement
The Company reserves the right to change the contents of this Agreement at any time at its sole discretion, and will post such changes on the website (http://hunters.imantisco.com) or through the STEAM service. If the User does not accept or decides not to comply with the changes to the Agreement, the User may terminate this Agreement in accordance with the Termination Section hereof. The User’s installation or use of any updates or modifications to the Game Software or continued use thereof shall constitute the User’s acceptance of any and all such changes to the terms and conditions hereof.
Miscellaneous
This Agreement represents the entire agreement between the User and the Company concerning the License and the User’s rights to use the Game Software, and supersedes all prior agreements, representations, warranties and understandings between the User and the Company relating to the Agreement (including those made negligently or innocently, but excluding those made fraudulently). If any Section or portion of this Agreement becomes unenforceable for any reason, the relevant Section or portion may be amended only to the extent necessary to make it enforceable, and even in that case, the remaining Sections or portions hereof shall remain in full force and effect.
If you have any questions concerning this Agreement or the License, you may contact the following address.
(4th floor, 35-6, Samsung-ro 85gil, Gangnam-gu, Seoul, Korea)
Addendum
This Agreement shall take effect as of July 15, 2020.