Netmarble Launcher
End User License Agreement
This Netmarble Launcher (hereinafter “Agreement”) is a legally binding contract between you and Netmarble Corporation (hereinafter “Netmarble,” “we,” or “us”). This Agreement governs your use of the Netmarble Launcher application (hereinafter the “Launcher”).
You should carefully read this Agreement before installing the Launcher. BY INSTALLING THE LAUNCHER, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF THE LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR OTHERWISE USE LAUNCHER.
1. Purpose
This Agreement sets out the basis on which we make the Launcher available to you and the terms and conditions under which you are licensed to install and use the Launcher.
2. Definition
The definitions of terms used in this Agreement are as follows.
2.1. “Launcher” means Netmarble Launcher application for Windows personal computer (“PC”) and related patches, updates, upgrades and additional software. The Launcher enables a user to install and play Netmarble Games on the user’s PC.
2.2. “Netmarble Account” means a user account with Netmarble that a user may create by signing in with the user’s email on a Game installed on the user’s mobile device. Netmarble Account can be used to save the user’s game progress across multiple devices and is required to use the Launcher.
2.3. “Terms of Service” means Netmarble’s Terms of Service, as amended from time to time, which is available at here and also from within, or through, affected Services.
Capitalized terms used in this Agreement and not otherwise defined shall have the meanings as set forth in the Terms of Service.
3. License
3.1. License Grant. Subject to your compliance with this Agreement, Netmarble grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license (the “License”) to: (i) download, install, and use the Launcher for your personal, non-commercial use on a single personal computer owned or otherwise controlled by you (“Device”) and (ii) access, download, and use on such Device Netmarble Games and Services made available in or otherwise accessible through the Launcher, strictly in accordance with this Agreement and the Terms of Service applicable to such Games and Services.
3.2. License Restrictions. You shall not:
(a) copy the Launcher, except as expressly permitted by this License;
(b) rent, lease, lend, sell, sublicense, assign, reproduce, distribute, provide, transfer or otherwise make available the Launcher, or any features or functionality of the Launcher, to any third party for any purpose;
(c) convert, reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Launcher or any part thereof;
(d) modify, translate, adapt, or otherwise create derivative works based on or related to it;
(e) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Launcher, including any copy thereof;
(f) use, offer, distribute, or otherwise make available through the Launcher any program or codes, including but not limited to hacks, mods, bots, cheats, or anything that alters the gameplay or other functionality of the Launcher, Games, Services, or any part thereof;
3.3. Reservation of Rights. You acknowledge and agree that the Launcher is provided under license, and not sold, to you. You do not acquire any ownership interest in the Launcher under this Agreement, or any other rights thereto other than to use the Launcher in accordance with the License granted, and subject to all terms, conditions, and restrictions, under this Agreement. Netmarble reserves and shall retain its entire right, title, and interest in and to the Launcher, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Netmarble Services accessible from the Launcher.
The Launcher may provide you with access to our Services, including but not limited to our Games, Websites, and other Services. Your access to and use of such Services are governed by the Terms of Service and Privacy Policy located at TERMS OF SERVICE and PRIVACY POLICY, which are incorporated herein by this reference. Your access to and use of such Services may require you to acknowledge your acceptance of the Terms of Service and Privacy Policy and to create a Netmarble Account, and your failure to do so may limit you from accessing or using some features and functionality of the Launcher and/or Services. Any violation of such Terms of Service will also be deemed a violation of this Agreement.
Our Games accessed through the Launcher also feature in-game content that you can buy, including Virtual Money and Virtual Goods. While in-app purchases can be initiated from a Game installed on your PC through the Launcher, such purchase request will not complete until you confirm your request on the Game installed on your mobile device and signed in with your Netmarble Account.
5. Updates.
We may from time to time in our sole discretion develop and provide updates to the Launcher, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (i) the Launcher will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the Launcher or portions thereof may not properly operate should you fail to install all Updates. You further agree that all Updates will be deemed part of the Launcher and be subject to all terms and conditions of this Agreement.
6. Third-Party Materials.
The Launcher (or Services accessible thereon) may display, include, or make available third-party content or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Netmarble is not responsible for Third-Party Materials, including their accuracy, completeness, legality, quality, or any other aspect thereof. Netmarble does not assume and will not have any liability or responsibility for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
7. Collection and Use of Your Information
You acknowledge that when you download, install, or use the Launcher, we may collect information about your Device and about your use of the Launcher and our Services. You also may be required to provide certain information about yourself when you download, install, or use the Launcher or other Services. All information we collect through or in connection with the Launcher or our Services is subject to our PRIVACY POLICY. By downloading, installing, using, and providing information to or through the Launcher, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.
8. Disclaimer of Warranties.
THE LAUNCHER IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NETMARBLE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LAUNCHER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NETMARBLE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LAUNCHER WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NETMARBLE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LAUNCHER OR THE SERVICES FOR: (A) LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE LAUNCHER. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10. Indemnification.
You agree to indemnify, defend, and hold harmless Netmarble, as well as its parent, subsidiaries, affiliates, and licensors, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Launcher or your breach of this Agreement.
11. Term and Termination
11.1. This Agreement is effective until terminated by you or us.
11.2. You may terminate this Agreement by deleting the Launcher and all copies thereof from your Device.
11.3. We may terminate or temporarily restrict or suspend your access to and use of the Launcher if you violate any terms and conditions of this Agreement or the Terms of Service. We also reserve the right to terminate or temporarily suspend the Launcher (including any Services provided therein) at any time, with or without notice and in our sole discretion.
11.4. Upon termination, (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Launcher and delete all copies of the Launcher from your Device.
11.5. Sections 7-14 of this Agreement survive the termination of this Agreement.
12. Changes to this Agreement.
We reserve the right to amend, at our discretion, any portion of this Agreement, which can be updated by us from time to time by posting the amended Agreement within or on the Launcher or our Website. Except as otherwise stated, such changes will be automatically effective 30 calendar days after posting. You agree to check the Agreement from time to time. You will be deemed to have accepted such changes by continuing to use the Launcher. If you do not wish to be governed by any updated version of the Agreement, your only remedy is to stop using the Launcher.
13. General.
13.1. This Agreement, together with other terms that govern your use of our Services, constitutes the entire agreement between you and Netmarble with respect to the subject matter herein and supersede any prior oral or written agreements. This Agreement may not be amended or modified unless made in writing and signed by Netmarble.
13.2. Netmarble’s failure to enforce any right under this Agreement shall not constitute a waiver of the right or any other right.
13.3. In the event of a conflict between this Agreement and any other applicable terms, the terms of this Agreement shall govern.
13.4. If any part of the Agreement is held to be unlawful, void or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of the Agreement shall remain valid and enforceable.
14. Jurisdiction and Governing Law
this Agreement, and any disputes or claims arising out of or in connection with it, will be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to any choice or conflict of law principles. Any dispute arising from or in connection with this Agreement shall be irrevocably submitted to the exclusive jurisdiction of the Seoul Central District Court, Seoul, Republic of Korea.