NEOWIZ End user Software License Agreement
- 1. GENERAL
- 2. GRANT OF LICENSE.
- The Provider grants to you a non-exclusive license to download and use the Application and any related documentation (the "Documentation") subject to the terms and conditions of this Agreement, including but not limited to the following terms:
(a) You may not: (i) allow other individuals to use the Application except under the terms listed above; (ii) copy the Application or Documentation (except for back-up or archival purposes); (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Application or Documentation; (iv) remove any proprietary notices or labels on the Application or Documentation; (v) rent, lease, transfer, assign or otherwise transfer rights to the Application or Documentation. Violation of any acts described in this Section 2(a) shall immediately terminate your license to the Application.
(b) You may only use the Application and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Application and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(c) You shall only use the Application for your non-commercial, private use. You are strictly prohibited from using the Application (including portion of the Application) in any way to provide any commercial service. Copies of content files, including, but not limited to any portion of the online games serviced by the Provider, which are downloaded, installed, converted or copied using the Application, and that are protected by the appropriate, and applicable intellectual property laws, including but not limited to, patent laws, copyright laws, trademark laws, trade secrets, or any other related laws of any jurisdictions and countries, are for your own personal use only and may not be distributed to third parties.
(d) You may not use the Application to, or in an attempt to, or in conjunction with, any program, device, or service designed to circumvent technological measures employed to access to, or to gain the rights in, a content file or any other work protected by the copyright laws of any jurisdiction.
- 3. THIRD PARTY ADVERTISEMENTS.
- Neowiz may provide links on the Service to web sites operated by third party or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). You are responsible for any charges or obligations you incur in your dealings with these third parties are your responsibility. Neowiz makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. Those sites are not under the control of Neowiz and may collect data or solicit personal information from you. Neowiz is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Neowiz of these linked sites.
- 4. AUTOMATIC COMMUNICATIONS FEATURES.
- (a) The Application consists of interactive Internet applications that perform a variety of communications over the internet as part of their normal operation. A number of communications features are automatic and are enabled by default. By installing and/or using the Application, you consent to the Application’s communications features. Once you log into the Application, user information including your user ID will be sent in communications with the Provider’s servers. This information is used to access your regular account, premium content, non-premium content, services, features, and other personalized services. The Provider may match the user id to personally identifiable information in order to provide you with products, services, and software that you’re entitled to and to provide you with relevant information. You are responsible for any telecommunications or other connectivity charges incurred through use of the Application.
(b) Auto Update and Patches: The Application, using its update files, automatically communicates with the Provider’s servers on the internet to check for updates to the Provider’s and the Provider partner’s software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. The Application also has the capability to perform background update checks. The Provider may download updates during the background checks, when the Application automatically communicates with The Provider’s servers, when you manually check for updates, or when the Provider detects a file it does not support.
(c) Mailing Server: The Application, using its mailing server, automatically communicates with The Provider’s servers to check for new important messages, including software updates and service bulletins. The mailing server also has the capability to perform background message checks. The mailing server sends information about installed the Application’s products and components to the servers to determine relevant software update messages.
- 5. CONSENT TO USE OF DATA.
- 6. INTELLECTUAL PROPERTY.
- Title, ownership, rights, and intellectual property rights in and to the Application and Documentation shall remain in the Provider and/or its suppliers. The Application is protected by the copyright laws, trademark laws, patent laws, and any other applicable intellectual property laws of the Republic of Korea and applicable international treaties. You understand that although you may "buy", "purchase" or "earn" virtual currency, including, but not limited to, virtual cash, tokens, or points, for the purpose of using the Service. You shall have no ownership in the Virtual Items. You acknowledge and agree that such Virtual Items are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of Virtual Items. You further acknowledge and agree that Neowiz has the right, but has no obligation, to delete, alter, move, remove, or transfer any and all contents of the Service (including Virtual Currency), in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Neowiz shall not refund any Virtual Currency caused by Internet Connection or failure to access the Internet. Neowiz prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Neowiz in writing. Accordingly you agree not to sublicense, trade, sell or exchange Virtual Items for value of any kind outside of a game, without Neowiz’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
- 7. PAYMENT.
- When you purchase a license to use virtual currency or virtual items from another party where your purchase is processed, including, but not limited to, Apple (for purchases on iOS devices) or Google (for purchases on Android devices), Neowiz only receives your records of transactions. Please note that purchases through third party payment process may also be subject to third party’s policies and Neowiz is not a party to the purchases.
- 8. ACCESS
- You must also provide all equipment and software necessary to connect to the Application, including, but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for your use thereof and any damages to your mobile phone or mobile device or computer system, any loss of data, and any other damage or harm of any kind that may result therefrom. Neowiz is not responsible for any problems or technical malfunction of any mobile phone or mobile device, telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the internet or on any of the service or combination thereof, including any injury or damage to users or to any person’s mobile phone or mobile device or computer related to or resulting from participation or downloading materials in connection with the Application. You are also responsible for any fees, including internet connection or mobile fees that you incur when accessing the Application.
- 9. WARRANTIES AND LIABILITIES.
- For the Pay and Premium versions of the Software, the following terms apply;
Although the Provider shall use reasonable methods to continuously provide the service to you, the Provider does not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
(a) - No Other Warranties
NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE PROVIDER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident abuse or improper use; or if you violate the terms of this License Agreement, this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(b) - Customer Remedies
The Provider’s sole liability for a breach of this warranty shall be in The Provider’s sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee, if any, you paid for the Software. Repaired, corrected or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty (30) days after the date the Provider either shipped to you the repaired or replaced Software or advised you as to how to operate the Software so as to achieve the functionality described in the Documentation, whichever is applicable. Only if you inform the Provider of the problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will the Provider be obligated to honor this warranty.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL THE PROVIDER OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF THE PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL THE PROVIDER’S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO THE PROVIDER FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
For the Free, Trial, Pre-Release, Alpha, and Beta versions of the Software, the following terms apply:
DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
THE APPLICATION AND DOCUMENTATION, ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE APPLICATION AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATION EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVIDER’S TOTAL LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY UNITED STATES DOLLARS (US$20.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE PROVIDER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH THE APPLICATION.
- 10. Service Use Restriction
- In the event that the members fall under the following reasons, the company may take proper action and cancel the service contract without prior notice.
(a) In the event that false information is registered when applying for or changing membership
(b) In the event that the company judges or suspects the member's information as being stolen or abnormally used
(c) In case the information is stolen or interrupted by another person
(d) In case of a false representation of an operating personnel, employee or person in the company
(e) In case of business activities using the service without prior consent from the company
(f) In case a user exploits bug in a company program or acquires game cash, game items or game money in an abnormal way
(g) In case of using a computer program, device or device not provided or approved by the company to disable technical protection of company services or interfere with the normal operation of the game
(h) In case of harassment, intimidation or continuous pain or discomfort to a particular user
(i) In case it is judged that it is difficult to view it through normal service use
- 11. INDEMNIFICATION.
- You agree to hold harmless, indemnify and defend the Provider, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims arising out of: (i) any unlawful use in connection with the Application in violation of another party’s rights or in violation of any law, or (ii) violated any terms of this License Agreement.
- 12. TERMINATION.
- This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from the Provider to effect such termination. You may also terminate this License Agreement at any time by notifying the Provider in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Application and shall within three (3) days return to the Provider, or certify destruction of, all full or partial copies of the Application, documentation and related materials provided by the Provider. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.
- 13. NO ASSIGNMENT.
- This Agreement is personal to you, and may not be assigned without the Provider’s express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If the Provider does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, the Provider may terminate this Agreement on thirty (30) days’ written notice. Both parties shall perform under this Agreement until such termination is effective.
- 14. TECHNICAL SUPPORT.
- If you wish technical support for the Application, please contact the Provider’s Technical Support Department: firstname.lastname@example.org
- 15. IMPORTANT – GENERAL INFORMATION.
- Governing Law This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or the Application shall be governed and construed in accordance with the laws of the Republic of Korea without giving effect to the conflict of laws doctrine thereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. In the event that you and Neowiz agree to settle any dispute, difference, controversy by the alternative settlement such as arbitration, such agreement shall be applied.
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by the Provider or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of the Provider. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Neowiz is prohibited from transacting business under applicable law.
If you have questions, suggestions, or wish to file a complaint, please contact us at:
NEOWIZ PANGYO TOWER, 14, Daewangpangyo-ro 645beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, 13487, Korea.
Last updated: August 25, 2020