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Thank you for purchasing Archaeological ruin exploration action-adventure game LA-MULANA 2.
To run the Software, ASTERIZM requires that you review and agree to the following terms and conditions of this End User License Agreement.
This End User License Agreement ("EULA") is a binding legal agreement between ASTERIZM CO., LTD. ("ASTERIZM") and you and, if applicable, the company or other legal entity you represent (collectively, "you" and "your") regarding the Software that you are installing, including any accompanying manual or other related material provided by ASTERIZM as part of, or in connection, therewith (collectively, the "software").
THROUGH LAUNCHING, COPYING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
If you do not agree, you cancel to install, download, copy, access or use the Software.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 LICENSE GRANT.
As between you and ASTERIZM, ASTERIZM is the sole and exclusive owner of the Software and Game Content (as defined below). The Software and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. ASTERIZM reserves all rights not expressly granted herein.
You may install, use, access, display, run, or otherwise interact with one copy of the Software for a single computer or Game platform per a license. And, you may make one back-up copy of the Software.
1.2 SPECIFIC RESTRICTIONS.
Any and all rights not expressly granted by ASTERIZM herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. You may not copy (except as set forth above), distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Software or any documentation accompanying the Software.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Software (except to the extent that this restriction is expressly prohibited by law).
You may not use the Software to infringe the copyrights or other intellectual property rights of others in any way.
You may not modify or delete the copyright and other proprietary rights notices on or in the Software.
1.3 GAME SPECIFIC TERMS AND CONDITIONS.
For additional terms and conditions that may apply to the Software, such as third-party copyright notices and license information, please review the Readme file included with the Game. The ReadMe file for the Game is hereby incorporated into this EULA by this reference.
2.TERMINATION.
This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession or control. ASTERIZM may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Software and destroy all copies of the Software.
3. PROPRIETARY RIGHTS.
The Software is the copyrighted proprietary material of ASTERIZM and/or its third-party licensors and is subject to copyright protection under Japan.
Copyright law and international copyright treaties, as well as other intellectual property laws and treaties. ASTERIZM and/or its third-party licensors retain all right, title, and interest in the Software (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. NO WARRANTIES.
The Software are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with running the Software.
ASTERIZM disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Software. ASTERIZM does not warrant that the Software will be compatible with your hardware and software.
5. LIMITATION OF LIABILITY.
No provisions of this EULA shall apply to limit liability arising from death or personal injury caused by negligence or for fraud.
ASTERIZM's maximum liability for any and all claims arising out of or in connection with the Software.
If any disclaimers or limitations of liability in article 5 and 6 are declared to be void or unenforceable, then ASTERIZM's liability shall be limited to
the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written,
express or implied.
6. DISCLAIMER OF DAMAGES.
You agree to indemnify, defend and hold harmless the ASTERIZM Parties, including their respective employees, officers, directors and personnel, licenser and supplier from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Software.
7. EXPORT CONTROL.
The Software originates in the Japan and is subject to Japan export laws and regulations. You may not export or re-export, in whole or in part, the Software to certain countries, persons or entities prohibited from receiving exports from the Japan. Additionally, the Software may be subject to the import and export laws of other countries, and you agree that you will comply with any such foreign import and export laws, as applicable.
9. MISCELLANEOUS.
You agree to comply with all Japan and foreign laws related to your use of the Software. This is the entire agreement between you and ASTERIZM relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties.
The Japanese language version of this EULA will control its interpretation.
10. GOVERNING LAW AND EXCLUSIVE FORUM.
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of Japan. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, use of the Software, Game Content, and/or the rights and obligations of the parties hereto, shall be the District Court of Tokyo, Japan.
You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree
to the jurisdiction of the District Court of Tokyo, Japan.
11. CONTACT.
The Software is made available to you by ASTERIZM CO., LTD. Game Production Division NIGORO.
NIGORO may be contacted via its website (http://nigoro.jp/).
To run the Software, ASTERIZM requires that you review and agree to the following terms and conditions of this End User License Agreement.
This End User License Agreement ("EULA") is a binding legal agreement between ASTERIZM CO., LTD. ("ASTERIZM") and you and, if applicable, the company or other legal entity you represent (collectively, "you" and "your") regarding the Software that you are installing, including any accompanying manual or other related material provided by ASTERIZM as part of, or in connection, therewith (collectively, the "software").
THROUGH LAUNCHING, COPYING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
If you do not agree, you cancel to install, download, copy, access or use the Software.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 LICENSE GRANT.
As between you and ASTERIZM, ASTERIZM is the sole and exclusive owner of the Software and Game Content (as defined below). The Software and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. ASTERIZM reserves all rights not expressly granted herein.
You may install, use, access, display, run, or otherwise interact with one copy of the Software for a single computer or Game platform per a license. And, you may make one back-up copy of the Software.
1.2 SPECIFIC RESTRICTIONS.
Any and all rights not expressly granted by ASTERIZM herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. You may not copy (except as set forth above), distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Software or any documentation accompanying the Software.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Software (except to the extent that this restriction is expressly prohibited by law).
You may not use the Software to infringe the copyrights or other intellectual property rights of others in any way.
You may not modify or delete the copyright and other proprietary rights notices on or in the Software.
1.3 GAME SPECIFIC TERMS AND CONDITIONS.
For additional terms and conditions that may apply to the Software, such as third-party copyright notices and license information, please review the Readme file included with the Game. The ReadMe file for the Game is hereby incorporated into this EULA by this reference.
2.TERMINATION.
This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession or control. ASTERIZM may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Software and destroy all copies of the Software.
3. PROPRIETARY RIGHTS.
The Software is the copyrighted proprietary material of ASTERIZM and/or its third-party licensors and is subject to copyright protection under Japan.
Copyright law and international copyright treaties, as well as other intellectual property laws and treaties. ASTERIZM and/or its third-party licensors retain all right, title, and interest in the Software (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. NO WARRANTIES.
The Software are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with running the Software.
ASTERIZM disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Software. ASTERIZM does not warrant that the Software will be compatible with your hardware and software.
5. LIMITATION OF LIABILITY.
No provisions of this EULA shall apply to limit liability arising from death or personal injury caused by negligence or for fraud.
ASTERIZM's maximum liability for any and all claims arising out of or in connection with the Software.
If any disclaimers or limitations of liability in article 5 and 6 are declared to be void or unenforceable, then ASTERIZM's liability shall be limited to
the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written,
express or implied.
6. DISCLAIMER OF DAMAGES.
You agree to indemnify, defend and hold harmless the ASTERIZM Parties, including their respective employees, officers, directors and personnel, licenser and supplier from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Software.
7. EXPORT CONTROL.
The Software originates in the Japan and is subject to Japan export laws and regulations. You may not export or re-export, in whole or in part, the Software to certain countries, persons or entities prohibited from receiving exports from the Japan. Additionally, the Software may be subject to the import and export laws of other countries, and you agree that you will comply with any such foreign import and export laws, as applicable.
9. MISCELLANEOUS.
You agree to comply with all Japan and foreign laws related to your use of the Software. This is the entire agreement between you and ASTERIZM relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties.
The Japanese language version of this EULA will control its interpretation.
10. GOVERNING LAW AND EXCLUSIVE FORUM.
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of Japan. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, use of the Software, Game Content, and/or the rights and obligations of the parties hereto, shall be the District Court of Tokyo, Japan.
You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree
to the jurisdiction of the District Court of Tokyo, Japan.
11. CONTACT.
The Software is made available to you by ASTERIZM CO., LTD. Game Production Division NIGORO.
NIGORO may be contacted via its website (http://nigoro.jp/).