'Ni no Kuni: Cross Words' PC Service End User License Agreement
(End User License Agreement)
This agreement(hereinafter the “Agreement”) is a legally binding contract between the Member and Netmarble Corporation (hereinafter the “Company”) for the use of the 'Ni no Kuni: Cross Worlds' PC service (hereinafter the “PC Service”) licensed to you by Company.
The terms of this Agreement hereby incorporated into the Netmarble Mobile Terms of Service' (hereinafter “Netmarble Terms of Service”). Details not defined in this Agreement will be determined by the Netmarble Terms of Service.
The Member should carefully read this Agreement before installing PC Service. If the Member does not agree to all of the terms of this Agreement, it shall not be permitted to install, copy and otherwise use the PC Service.
If the Member is a minor who is under the age of majority set by individual countries or states,, or the Member is under court-appointed guardianship, the Member must ask the Member’s parent or legal guardian to read, understand, and agree to this Agreement. The use of PC Service may be rejected or restricted if there is no consent of the parent or legal guardian. It shall be construed as that the Member (or the Member’s parent/legal guardian, if a minor) agrees to the modifications or changes of the Agreement if the Member continuously uses the Company's PC Service after this Agreement is changed or modified.
1. Purpose
The purpose of this Agreement is to stipulate the rights and obligations of the Company and the Members for the PC Service related to the mobile game service of ‘Ni no Kuni: Cross Worlds’ provided by the Company.
2. Definition
The definitions of terms used in this Agreement are as follows.
2.1 “Member” means a user who agrees to the Netmarble Terms of Service and has registered personal account information for service use, not in “Guest Account” status.
2.2 “PC Service” refers to the application program and its installation packages on personal computers (all patches, updates, upgrades and additional software included), which are provided to operate the 'Ni no Kuni: Cross Worlds' game(hereinafter the “Game”) service provided on mobile devices through the Netmarble Account in the user's PC environment.
3. License Limitation
3.1 The Company grants the following limited, revocable, non-sublicensable, and non-exclusive license for use of the PC Service to the Member who agrees to and complies with this Agreement(the “License”).
(a) A Member shall install one copy of the PC Service on one personal computer owned by or under the lawful control of the Member.
(b) Unless otherwise provided in this agreement, Members shall only use the PC Service for personal and non-commercial purposes only during the period of the Agreement in valid.
(c) Members shall not reproduce or distribute the PC Service to other servers or places for any other purpose.
(d) Members shall not transfer their rights or obligations related to the use of PC Service to any third party in any purpose, including but not limited to, sale, sublicense, rental, lease, provision of collateral or transfer, etc.
3.2 The Company may revoke the License if the Member violates, attempts to violate, or assists third party in violating the license limitations set forth below. A Member shall not, in whole or in part or under any circumstances, do the following:
(a) Converting, reverse engineering, deriving source code from, modifying, disassembling or decompiling all or part of the PC Service, or creating derivative works based on or related to it.
(b) Creating, using, offering, promoting, advertising, making available and/or distributing any code and/or software, not expressly authorized by the Company, that can be used in connection with the PC Service and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality (including but not limited to, an act pursuant to subparagraph (a) above to take unjust enrichment or to have superior to other Members in the Game).
(c) Creating, using, offering, promoting, advertising, making available and/or distributing any code and/or software, not expressly authorized by the Company, that allows the automated control of the Game, or any other features of the PC Service.
(d) Exploiting the PC Service for any commercial purpose or selling, distributing, or posting programs modified through the acts of subparagraphs (a) to (c) above.
(e) Activity that infringes on the Company's intellectual property rights, such as using, removing, or modifying the Company's intellectual property rights, including but not limited to, copyrights, patents, trademarks, etc., without the Company's approval.
(f) Activity that violates any applicable law and/or the Netmarble Terms of Service.
3.3 This License does not confer ownership or other property rights to the PC Service to the Member, and the Member understands and agrees that the Company owns and uses all of these rights.
4. Provision and Change of Service
4.1 Only after agreeing to the Netmarble Terms of Service and this Agreement, and registering the personal account information required for using the PC Service, the Member may install the PC Service program on the Member’s PC and use the PC Service. This PC Service is provided in addition to the mobile service and is operated according to the Netmarble Terms of Service.
4.2 When using the PC Service, it is required to maintain a wired or wireless Internet connection, and an additional fee may be charged in addition to the use of the PC Service depending on the internet service provider used by the Member.
4.3 PC Service updates for service improvement may occur at any time, and system requirements may change accordingly.
5. Disclaimer
5.1 The Company does not warrant or guarantee the operation of the PC Service in all PC environments. The Company is not responsible for any service errors or damages caused by the Member's PC usage environment, such as failure to meet the recommended specifications notified in advance, attempts to run on an unsupported OS, conflicts with third-party applications, etc.
5.2 The Company may periodically implement the update of the PC Service for service improvement and stabilization, and in the process the Company may install additional software or content on the Member's PC, in which case the Member will be notified in advance. The Company is not responsible for service errors caused by Members' omission or non-applying of PC Service updates provided by the Company.
5.3 The Company is not responsible for any transaction of payment by a third party caused by the Member's failure to manage account information.
5.4 The Company is not responsible for the deletion of content and account information caused by the Member's own fault (controlled by mistake, mistake in fact or policy , etc.) while using the PC Service.
5.5 The Company is not responsible for any damages to Members caused by the installation of programs through unofficial distribution sites, the use of unapproved programs, or activities pursuant to Article 3.2.
5.6 The Company is not responsible for the Member's own violation of local laws/ regulations and its consequences.
6. Termination and Cancellation
6.1 The Member may terminate this Agreement by removing the PC Service from the PC.
6.2 The Company may terminate this Agreement or restrict the use of the PC Service for a certain period in the event that the Member violates any duties, obligations, restrictions and/or limitatio ns of this Agreement or Netmarble Terms of Service.
6.3 The Company reserves the right to temporarily suspend or stop PC Services, and in this case, it notifies the Members in advance.
7. Jurisdiction and Governing Law
This Agreement, and any disputes or claims arising out of or in connection with it, will be governed and construed in accordance with the laws of the Republic of Korea, without regard to choice of law principles. Any dispute arising from or in connection with this Agreement shall be irrevocably submitted to the exclusive jurisdiction of the Seoul Southern District Court, Seoul, Republic of Korea.