EULA END USER LICENSE AGREEMENT
This End User License Agreement (this “Agreement”) is a legal agreement between you (either an individual or a single entity) and GameOlic Corp. ("GameOlic", the “Company” and “we”) for the game software (“Game Software”) owned by the Company and its affiliated companies, third party suppliers and licensors. In the case that the user is considered a minor in the country where the game is being serviced, it is deemed that you have gained the consent of your parents or legal guardians upon entering into this agreement.
Article 1 (GENERAL)
The Game Software is licensed, not sold, to you by GameOlic for use only under the terms and conditions of this Agreement. The Game Software is governed by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to the intellectual property rights of GameOlic and its licensors in the Game Software and do not include any other patents or intellectual property rights. The Game Software may contain license management software (also known as digital rights management software) that restricts your use of the Game Software. Without limiting the foregoing, if you are prohibited from receiving online game services by the legislation of your country or in case of any other legal restrictions, including age restrictions, you shall not be allowed to use the Game Software or ingame services in the Game Software. In any case, you shall be solely responsible for the use of the Game Software in your country in accordance with local laws.
Article 2 (OWNERSHIP)
You agree and acknowledge that all titles, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, codes, themes, objects, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animations, sounds, musical
compositions, audiovisual effects, texts, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation (“Documentation”)) are owned by GameOlic or its licensors. The Game Software is protected by international copyright treaties and conventions, and other laws. All rights are reserved worldwide by GameOlic. The company logos of GameOlic and Trimurti Online have been registered and trademarked in the Republic of Uruguay, United Kingdom and other countries. All interpretations and rights to the logos are the sole property of GameOlic. All trademarks, service marks, and logos appearing within the Game Software or on the websites serviced by GameOlic are the property of GameOlic. GameOlic has the sole ownership of the documents, services, website designs, texts, graphics, logos, images, icons, all game data / information shown in the game, as well as on the website including the order of information presented. Any rights not explicitly granted to the user within this Agreement are deferred to GameOlic by default. Unless otherwise explicitly stated in relevant laws, it is strictly forbidden to copy, distribute, modify, resend, publish, or make unauthorized use of the games, websites, and resources (and all items that are derived from them), without prior explicit consent from the copyright owner or the relevant sub-licensor. You agree and acknowledge that downloading, installing, copying, or using the Game Software does not give you any ownership right. All titles, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer codes, themes, objects, characters, character names, and other rights) are owned by GameOlic or its licensors. The Game Software contains certain game data that are authorized by third party individuals to be used by GameOlic within the game. Those that are permitted to use GameOlic services may protect their rights in the event this Agreement expires or is terminated.
Article 3 (LIMITED USE LICENSE)
GameOlic will provide you a non-exclusive, non-transferable, limited right and license to use the Game Software under the condition that you will abide by the terms of this Agreement as follows. All Game Software uses conform to this Agreement as well as our Terms of Service, and you must agree to the Terms of Service prior to playing the game. GameOlic will provide you a non-exclusive, non-transferable, limited right and license to:
install the Game Software on the local hard disk(s) or other permanent storage media of the game play device solely owned by you or under your legitimate control (such game play device sometimes referred to herein as a “Unit”); and use the Game Software for your non-commercial entertainment purposes only.
All rights not specifically granted under this License are hereby reserved by GameOlic and, as applicable, by its licensors. Unless provided otherwise in the License, you shall not display, modify, reproduce or distribute any game content (“Game Content”), or portion(s) thereof, included with or relating to the Game Software, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this Agreement and Documentation.
Under no circumstances will your use, display, modification, reproduction and distribution of the Game Content or Game Software give you any intellectual property or proprietary rights in the Game Content or Game Software or in any logos and / or trade or service marks of GameOlic. All rights, titles, and interests in and to the Game Software belong solely to GameOlic and its licensors.
Article 4 (LICENSE CONDITIONS AND RESTRICTIONS)
The license granted to you consists of the following conditions, and violation of these conditions will be deemed as infringement upon the intellectual property rights of GameOlic and the Game Software. Upon entering this Agreement, you will be granted the rights to use the game software or its parts only as specified within this Agreement. As such, you SHALL NOT under any circumstances:
make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for
non-commercial backup and reference only; use any third party programs that are not authorized by GameOlic, including programs, devices or mechanisms of any kind that make use of hacks, cheats, scripts, bots, trainers, automation program that interact with the Game Software in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication between the Game Software and GameOlic and any
unauthorized third party programs that collect information about the Game by accessing the parts of the Game Software that stores information; use, advertise, or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site, without written permission from GameOlic; This includes collecting in-game currency, items or resources for the purposes of selling them, as well as illegal services such as transacting out-of-game funds to raise game characters by proxy or any other illegal services listed in the 'Operational Policy' obtain information about other users or the Company through the game or service(unless this is so provided for in the game), data mining, and using unauthorized third-party software; modify certain files within the Game Software or disclose the reason for modification to others in ways that are not explicitly approved by GameOlic; obtain, copy, resend communication protocols sent by GameOlic, using the Game Software inappropriately to provide or develop unauthorized game services, regardless of intention; This includes unauthorized online network plays and/or setting up content collection networks. imitate, copy the Game Software, log into a server that is the result of unauthorized imitation / copy of the Game Software, promoting/distributing unauthorized imitations / copies or maintaining them; sell, provide collateral, or transfer control of the Game Software in unauthorized methods as specified in this Agreement, as well as lend, lease or transfer the usage license to others; create data or executable programs that mimic data or functionality in the Game Software; sell, rent, lease, license, distribute, upload to any Internet server or website, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of GameOlic; reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of GameOlic and / or its licensors on creation, in any event); remove, disable or circumvent any security protections or any technical measures that control access to the Game Software; remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software; and
export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the Game Software license.
Article 5 (GAME SOFTWARE UPDATES AND PATCHES)
GameOlic may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. GameOlic may update, patch or modify the Game Software and access the Game Software installed and / or downloaded on your machine for such purpose, and you hereby grant to GameOlic the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such updates, patches and modifications.
Article 6 (LIMITED WARRANTY)
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GameOlic HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND / OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to you. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL:
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE GAME SOFTWARE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE GAME SOFTWARE, WARRANTIES RELATING TO THE OPERATION OF THE GAME SOFTWARE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS), WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND WARRANTIES THAT MAY ARISE IN THE COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. GameOlic AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, AND EACH OF THEIR SUBSIDIARIES OR AFFILIATED ENTITIES AND OWNERS, SHAREHOLDERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, OFFICERS AND EMPLOYEES OF THE FOREGOING ENTITIES (COLLECTIVELY WITH GameOlic) DO NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER(S) ON WHICH THE GAME SOFTWARE IS HOSTED ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE APPLICATION, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ANY GameOlic, OR OF ANY FAN, USER OR VISITOR OF OR TO THE GAME SOFTWARE, WHETHER MADE IN THE GAME SOFTWARE OR USING ANY MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE GAME SOFTWARE), SHALL CREATE ANY WARRANTY.
Article 7 (LIMITATION OF LIABILITY)
IN NO EVENT SHALL GameOlic BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE GAME SOFTWARE OR ANY SITE OR SERVICE LINKED FROM THE GAME SOFTWARE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GameOlic, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE GAME SOFTWARE OR ANY SITE OR SERVICE LINKED FROM THE GAME SOFTWARE EXCEED THE AMOUNT YOU PAY, IF ANY, TO
GameOlic FOR SUCH ACTIVITY. Some states or countries do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Article 8 (INDEMNITY)
You hereby agree to indemnify, defend and hold harmless GameOlic and its affiliates and their respective officers, employees, directors, agents, licensors (excluding you), sub-licensors (excluding you), successors and assigns from and against any and all liabilities, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and / or arising from:
your breach of any term of this Agreement; your violation of any rights of any third party; or your use or misuse of the Game Software or any component thereof.
Your indemnification obligations set forth in the immediately preceding sentence shall expressly survive the termination or expiration of this Agreement.
Article 9 (TERM AND TERMINATION)
Without prejudice to any other rights of GameOlic, the License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from game play device(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitation of Liability,” “Term and Termination,” “Injunction,” “Indemnity,” “Dispute Resolution,” and “Miscellaneous” shall survive any termination of this License. Additionally, GameOlic reserves the right to terminate this Agreement. Upon termination of this Agreement, all licenses will be terminated and all copies must be immediately and permanently deleted. You must delete the game client from the Unit.
Article 10 (INJUNCTION)
Because GameOlic would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that GameOlic shall be entitled, without bond or other security or proof of damages to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
Article 11 (DISPUTE RESOLUTION)
If a dispute arises between you and GameOlic, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GameOlic agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our service (a “Claim”) in accordance with one of the subsections below. The Legal
Agreement and the relationship between you and GameOlic shall be governed in all respects by the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. You and GameOlic agree to submit to the exclusive jurisdiction and venue of the courts located in Korea. Notwithstanding this, you agree that GameOlic is allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction. For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD
$10,000.00), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All Claims you bring against GameOlic must be resolved in accordance with this Article 11. All Claims filed or brought contrary to this Article 11 will be considered improperly filed. If you file a Claim contrary to this Article 11, GameOlic may recover attorneys’ fees and costs up to One Thousand U.S. Dollars (USD $1,000.00), provided that GameOlic notifies you in writing of the improperly filed Claim and you fail to promptly withdraw the Claim.
Article 12 (AMENDMENTS)
GameOlic reserves the right to amend this Agreement at any time, at its sole discretion, but will communicate such changes through the website. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
Article 13 (GOVERNING LAW)
This Agreement will be governed by and construed in accordance with the laws of the Republic of Korea. Irrespective of this choice of law, the mandatory consumer protection regulations that cannot be derogated from by agreement of consumer’s country of residence apply whenever they provide a higher standard of protection for the respective consumer. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Game Software or this Agreement, you agree to the exclusive personal and subject matter jurisdiction of the courts located within Korea for making and resolving any such claims. GameOlic reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.If you are acting as a consumer, you may bring a claim also before a court of competent jurisdiction at your place of residence. If GameOlic wishes to enforce its rights against you as a consumer, GameOlic can only do so before the competent courts of your place of residence.
Article 14 (Trimurti Online TERMS AND POLICIES)
You have agreed to this Agreement and to adhere to the following Terms and Policies of GameOlic to provide the Game Software and services. You can read Terms and Policies on our official website.
Privacy Policy, Terms of Service and Operational Policy.
The licensor’ legal software documents, Operational Policy, Terms of Service, Privacy Policies (“Terms and Policies”) are included in this Agreement so that the Terms and Policies can be referred to for all the appropriate uses of the Game Software. You agree and acknowledge that these Terms and Policies will act as a contract between you and the licensor and supersede any
written and/or oral contracts formed between you and the licensor. If there is a dispute between you and licensors, this Agreement shall prevail.
Article 15 (VIRTUAL CURRENCY & GAME ASSETS)
IF YOU ARE PLAYING OUR GAMES ON PLAYSTATION®5, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY SONY INTERACTIVE ENTERTAINMENT INC. PURCHASES IN SUCH GAMES ARE SUBJECT TO RULES OF PLAYSTATION™STORE. THE COMPANY DISCLAIMS ANY LIABILITY OF ANY NATURE FOR SONY INTERACTIVE ENTERTAINMENT INC.’S ACTIONS.
Article 16 (TAXES, FEES, & VAT)
You are liable to pay all taxes, fees, and duties required by the government authorities for lawful transactions in accordance with the respective local laws. The licensors, its affiliates, the partners’ licensors, their affiliates, contractors, management, executives, and employees are not liable. This includes relevant late fees and fines regardless of the invoice sent by the licensor (excluding net income tax of the licensor). You are to send all copies of proof of exemption if you are entitled to certain exemptions. You are solely liable for any expenses or charges associated with your activities. The licensor is not liable and will not reimburse any expenses or charges.
Article 17 (MISCELLANEOUS)
This Agreement represents the complete agreement between you and GameOlic concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and GameOlic (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason and the remaining provisions of this Agreement shall remain in full force and not be affected. All
rights not expressly granted in this Agreement are the rights of GameOlic. This Agreement comes into effect the moment you accept it. The Terms of Services, OBT Policy, Privacy Policies, Event Rules provided by GameOlic, and other relevant laws will be referenced on matters or interpretations not specified in this Agreement. Any amendments made to this Agreement will be announced by sending an e-mail to the e-mail address you have submitted while signing up and on the website. You have agreed to this method of announcement.