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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 Gamestry Lab. (“Gamestry Lab”) 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） Gamestry Lab 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 Gamestry Lab 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） Gamestry Lab 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 Gamestry Lab decides to provided them with compensation.
（3） Gamestry Lab reserves the right, at its discretion, to provide an additional or modified Program and Gamestry Lab is not obliged to provide such additional or modified Program to the users.
3. Authentication
（1） 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 Gamestry Lab for the first time of activation or sometimes each and every time of activation.
（2） 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.
（3） Gamestry Lab 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.
（4） 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 Gamestry Lab or any legitimate third party, and shall be protected under the protection of copyrights in Hong Kong, 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, Gamestry Lab 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 Gamestry Lab 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:
① Any act which may infringe the intellectual property rights of Gamestry Lab 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.
② To analyze the communication protocol or any other data used in the Program and to use them for any other purpose.
③ Any 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 Gamestry Lab.
④ Any 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 Gamestry Lab.
⑤ To intentionally utilize such defects upon trouble or failure in the Program.
⑥ To 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.
⑦ Any act corresponding to or similar to any of the acts which may be detriment to Gamestry Lab, 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） Gamestry Lab 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 Hong Kong and any other applicable countries (including users’ country of residence). The users agree not to export, use internet transmission or any other means to export the Program to any country restricted and under embargo by the Hong Kong Government based on “Foreign Exchange and Foreign Trade Act” and “Export Trade Control Order”.
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 GAMESTRY LAB. GAMESTRY LAB 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 GAMESTRY LAB BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE PROGRAM.
（3） THE PREVIOUS PROVISION SHALL NOT BE APPLIED TO DAMAGES RESULTINGFROM GAMESTRY LAB’S WILLFULL INTENTION OR GROSS NEGLIGENCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GAMESTRY LAB, ARISING OUT OF SUCH GAMESTRY LAB’S WILLFULL INTENTION OR GROSS NEGLIGENCE EXCEED THE AMOUNT PAID BY THE USERS TO PURCHASE THE PROGRAM.
（4） BASED ON THE APPLICABLE LAWS AND REGULATIONS, IN ANY EVENT SUCH PREVIOUS PROVISIONS ARE LIMITEDLY APPLIED, GAMESTRY LAB SHALL BE RELIEVIED OR INDEMNIFIED FROM THE DAMAGES TO THE USERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9． AMENDMENTS TO EULA
（1） Gamestry Lab 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, Gamestry Lab shall take reasonable means such as displaying or posting such amendment in advance.
10. Miscellaneous
（1） This EULA is governed and interpreted in all respects by the laws of Hong Kong.
（2） The users agree that all suits, actions, or proceedings relating to this EULA shall be finally settled and exclusively brought in the Tokyo District Court or Osaka District Court, as the court of first jurisdiction.
（3） 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.
Effective as of July 15, 2019
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 Gamestry Lab. (“Gamestry Lab”) 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） Gamestry Lab 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 Gamestry Lab 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） Gamestry Lab 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 Gamestry Lab decides to provided them with compensation.
（3） Gamestry Lab reserves the right, at its discretion, to provide an additional or modified Program and Gamestry Lab is not obliged to provide such additional or modified Program to the users.
3. Authentication
（1） 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 Gamestry Lab for the first time of activation or sometimes each and every time of activation.
（2） 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.
（3） Gamestry Lab 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.
（4） 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 Gamestry Lab or any legitimate third party, and shall be protected under the protection of copyrights in Hong Kong, 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, Gamestry Lab 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 Gamestry Lab 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:
① Any act which may infringe the intellectual property rights of Gamestry Lab 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.
② To analyze the communication protocol or any other data used in the Program and to use them for any other purpose.
③ Any 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 Gamestry Lab.
④ Any 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 Gamestry Lab.
⑤ To intentionally utilize such defects upon trouble or failure in the Program.
⑥ To 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.
⑦ Any act corresponding to or similar to any of the acts which may be detriment to Gamestry Lab, 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） Gamestry Lab 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 Hong Kong and any other applicable countries (including users’ country of residence). The users agree not to export, use internet transmission or any other means to export the Program to any country restricted and under embargo by the Hong Kong Government based on “Foreign Exchange and Foreign Trade Act” and “Export Trade Control Order”.
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 GAMESTRY LAB. GAMESTRY LAB 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 GAMESTRY LAB BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE PROGRAM.
（3） THE PREVIOUS PROVISION SHALL NOT BE APPLIED TO DAMAGES RESULTINGFROM GAMESTRY LAB’S WILLFULL INTENTION OR GROSS NEGLIGENCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GAMESTRY LAB, ARISING OUT OF SUCH GAMESTRY LAB’S WILLFULL INTENTION OR GROSS NEGLIGENCE EXCEED THE AMOUNT PAID BY THE USERS TO PURCHASE THE PROGRAM.
（4） BASED ON THE APPLICABLE LAWS AND REGULATIONS, IN ANY EVENT SUCH PREVIOUS PROVISIONS ARE LIMITEDLY APPLIED, GAMESTRY LAB SHALL BE RELIEVIED OR INDEMNIFIED FROM THE DAMAGES TO THE USERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9． AMENDMENTS TO EULA
（1） Gamestry Lab 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, Gamestry Lab shall take reasonable means such as displaying or posting such amendment in advance.
10. Miscellaneous
（1） This EULA is governed and interpreted in all respects by the laws of Hong Kong.
（2） The users agree that all suits, actions, or proceedings relating to this EULA shall be finally settled and exclusively brought in the Tokyo District Court or Osaka District Court, as the court of first jurisdiction.
（3） 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.
Effective as of July 15, 2019