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END-USER License agreement
REAL VR FISHING
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
USE OF THIS APPLICATION IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. THE TERM “APPLICATION” INCLUDES THE SOFTWARE ITSELF, TOGETHER WITH ANY AND ALL ONLINE AND/OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, PRINTED MATERIALS AND OTHER ASSOCIATED MATERIALS. THE TERM “APPLICATION” MAY ALSO INCLUDE, WHERE APPLICABLE, ADDITIONAL USER-RESIDENT SOFTWARE WHICH MANAGES THE DOWNLOAD AND OPERATION OF OTHER COMPONENTS OF THE APPLICATION, AND WHICH MAY PROVIDE OTHER FUNCTIONALITY AS WELL, WHICH USER-RESIDENT SOFTWARE MAY BE UPDATED FROM TIME TO TIME WHILE THE APPLICATION IS RESIDENT ON THE USER DEVICE, IN THE SOLE DISCRETION OF DEVS UNITED GAMES, Inc. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE APPLICATION. EXCEPT IN THE CASE OF APPLICATION COMPONENTS PROVIDED BY THIRD PARTIES (WHOSE COLLECTION AND USAGE OF PERSONAL INFORMATION, IF ANY, ARE GOVERNED BY THEIR OWN RESPECTIVE PRIVACY POLICIES), PERSONAL INFORMATION WHICH YOU MAY PROVIDE TO DEVS UNITED GAMES, Inc. OR ITS DESIGNEES IS GOVERNED BY 3D SCENICA’S PRIVACY POLICY, AS IT MAY BE UPDATED FROM TIME TO TIME. BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU ACCEPT AND EXPRESSLY CONSENT TO THE TERMS OF THIS LICENSE WITH DEVS UNITED GAMES, Inc.
1. LIMITED USE LICENSE.
DEVS UNITED GAMES, Inc. grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this Application solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by DEVS UNITED GAMES, Inc. This Application is licensed, not sold. Your license confers no title or ownership in this Application and should not be construed as a sale of any rights in this Application.
2. OWNERSHIP.
All title, ownership rights, and intellectual property rights in and to this Application (including but not limited to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into this Application) are owned by DEVS UNITED GAMES, Inc. or its licensors. This Application is protected by the copyright laws of South Korea and other laws. This Application contains certain licensed materials, and DEVS UNITED GAMES, Inc. licensors may also protect their rights in the event of any violation of this Agreement.
3. YOU AGREE THAT YOU WILL NOT DO ANY OF THE FOLLOWING:
3-1. exploit this Application or any of its parts commercially;
3-2. use this Application, or permit use of this Application, on more than one user device (e.g. computer, handset, PDA or other device) at the same time;
3-3. make copies of this Application or any part thereof, or make copies of any of its accompanying material;
3-4. sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this Application, without the express prior written consent of DEVS UNITED GAMES, Inc.;
3-5. reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable form;
3-6. modify, adapt, translate or otherwise create derivative works based on this Application;
3-7. disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;
3-8. remove, disable or circumvent any proprietary notices, marks or labels contained on or within this Application or its accompany material; or
3-9. export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any applicable laws or regulations. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, if the Application was provided to you for trial use (e.g. for “beta” testing, and/or for a limited trial period or number of uses):
3-10. you will not use the Application following the expiration of the permitted trial period or number of uses; and
3-11. the Application may include code designed to prevent you from exceeding these limits, and such code may remain on your user device after deletion of the Application in order to prevent you from installing another copy and repeating the trial period or extending the number of uses.
4. REPRESENTATIONS CONCERNING AGE AND JURISDICTION.
You represent and warrant that you are at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use the Software. If you reside in a jurisdiction which restricts the use of software according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA, download, install or use the Software. If you reside in a jurisdiction where it is forbidden by law to offer or use the Software for internet communication, you may not enter into this EULA, download, install or use the Software. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use of the Software is permitted by law.
5. CODE OF CONDUCT
5-1. In parts of the game will include Multiplayer, and communicating with other users via variety of Multiplayer and community functions. All users must act and interact with other users in a reasonable and fair manner. Actions such as hacking, cheating, bug exploitation, misuse of the Game, trolling, deceptive or abuse conduct is prohibited.
5-2. Respect other rights of users and act responsibly. Do not abuse, harass, troll or stalk other users. Actions such as uploading, sharing content, or using the Game in any way that is immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libellous, defamatory, threatening and/or bullying is prohibited. You must not cause disruption that will interfere with the operation of the game, including damaging any account, software, hardware or network. Do not upload spam, commercial, marketing, advertisement or solicitation content or promotional content or any third party links. Actions in attempt to impersonate any person, including staff of DEVS UNITED GAMES, Inc. in prohibited.
5-3. In applicable situations, buying or selling accounts to access the Game or in connection with the Game is prohibited.
5-4. Materials part of any third party which is utilized within the game, must be respected of property rights of the third parties and must not post, upload, release, distribute or in any other ways available on or through the game
5-5. If found to be breaching any of the clauses in section 5, DEVS UNITED GAMES, Inc. reserves the right to terminate this EULA to immediate action and the use of the Game for the user who has violated without any refund or compensation.
5-6. Actions in the game or in connection with the game is not responsible for DEVS UNITED GAMES, Inc. to moderate, monitor, or record, which includes any type of post, messages via written or voice between users, however reserves the right in regards. DEVS UNITED GAMES, Inc. may in certain cases to moderate these content and activities in order to follow the terms of this EULA for users and holds right to delete any content that breaches in terms of this EULA without any notice. DEVS UNITED GAMES, Inc. may proceed to cooperate with relevant game platforms and/or with law enforcement authorities in certain serious cases, which could result in disclosing any of the personal and/or relevant information to other third parties and authorities.
6. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c) DEVS UNITED GAMES, INC WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; AND (d) DEVS UNITED GAMES, Inc. ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED BY OR ON BEHALF OF DEVS UNITED GAMES, INC WILL BE THE REPLACEMENT OF ANY DEVS UNITED GAMES, INC SOFTWARE FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL DEVS UNITED GAMES, INC. BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF DEVS UNITED GAMES, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) DEVS UNITED GAMES, INC.’S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE DEVS UNITED GAMES INC’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. TERMINATION.
Without prejudice to any other of DEVS UNITED GAMES, Inc. rights or of your obligations hereunder, the limited license set forth in Section 1 of this Agreement will terminate automatically if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of this Application and all of its component parts and related materials.
9. PRIVACY POLICY.
You hereby authorize DEVS UNITED GAMES, Inc. to collect certain personal data about you. Your use of the Application is subject to DEVS UNITED GAMES’s Privacy Policy found at which is hereby incorporated into this Agreement.
10. INJUNCTIVE RELIEF.
Because DEVS UNITED GAMES, Inc. would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that DEVS UNITED GAMES, Inc. will be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which DEVS UNITED GAMES, Inc. may have under applicable laws.
11. INDEMNITY.
You agree to indemnify, defend and hold DEVS UNITED GAMES, Inc., its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement.
MISCELLANEOUS.
(a) This Agreement, including the Privacy Policy, represents the complete agreement concerning the license of this Application between the parties and supersedes all prior or contemporaneous agreements and representations between them regarding the same subject matter. (b) This Agreement may be amended only by a writing executed or electronically accepted by both parties. (c) If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement will not be affected. (d) This Agreement will be governed by the laws of South Korea.
ACCEPTANCE
BY DOWNLOADING THIS TITLE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT.
REAL VR FISHING
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
USE OF THIS APPLICATION IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. THE TERM “APPLICATION” INCLUDES THE SOFTWARE ITSELF, TOGETHER WITH ANY AND ALL ONLINE AND/OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, PRINTED MATERIALS AND OTHER ASSOCIATED MATERIALS. THE TERM “APPLICATION” MAY ALSO INCLUDE, WHERE APPLICABLE, ADDITIONAL USER-RESIDENT SOFTWARE WHICH MANAGES THE DOWNLOAD AND OPERATION OF OTHER COMPONENTS OF THE APPLICATION, AND WHICH MAY PROVIDE OTHER FUNCTIONALITY AS WELL, WHICH USER-RESIDENT SOFTWARE MAY BE UPDATED FROM TIME TO TIME WHILE THE APPLICATION IS RESIDENT ON THE USER DEVICE, IN THE SOLE DISCRETION OF DEVS UNITED GAMES, Inc. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE APPLICATION. EXCEPT IN THE CASE OF APPLICATION COMPONENTS PROVIDED BY THIRD PARTIES (WHOSE COLLECTION AND USAGE OF PERSONAL INFORMATION, IF ANY, ARE GOVERNED BY THEIR OWN RESPECTIVE PRIVACY POLICIES), PERSONAL INFORMATION WHICH YOU MAY PROVIDE TO DEVS UNITED GAMES, Inc. OR ITS DESIGNEES IS GOVERNED BY 3D SCENICA’S PRIVACY POLICY, AS IT MAY BE UPDATED FROM TIME TO TIME. BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU ACCEPT AND EXPRESSLY CONSENT TO THE TERMS OF THIS LICENSE WITH DEVS UNITED GAMES, Inc.
1. LIMITED USE LICENSE.
DEVS UNITED GAMES, Inc. grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this Application solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by DEVS UNITED GAMES, Inc. This Application is licensed, not sold. Your license confers no title or ownership in this Application and should not be construed as a sale of any rights in this Application.
2. OWNERSHIP.
All title, ownership rights, and intellectual property rights in and to this Application (including but not limited to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into this Application) are owned by DEVS UNITED GAMES, Inc. or its licensors. This Application is protected by the copyright laws of South Korea and other laws. This Application contains certain licensed materials, and DEVS UNITED GAMES, Inc. licensors may also protect their rights in the event of any violation of this Agreement.
3. YOU AGREE THAT YOU WILL NOT DO ANY OF THE FOLLOWING:
3-1. exploit this Application or any of its parts commercially;
3-2. use this Application, or permit use of this Application, on more than one user device (e.g. computer, handset, PDA or other device) at the same time;
3-3. make copies of this Application or any part thereof, or make copies of any of its accompanying material;
3-4. sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this Application, without the express prior written consent of DEVS UNITED GAMES, Inc.;
3-5. reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable form;
3-6. modify, adapt, translate or otherwise create derivative works based on this Application;
3-7. disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;
3-8. remove, disable or circumvent any proprietary notices, marks or labels contained on or within this Application or its accompany material; or
3-9. export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any applicable laws or regulations. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, if the Application was provided to you for trial use (e.g. for “beta” testing, and/or for a limited trial period or number of uses):
3-10. you will not use the Application following the expiration of the permitted trial period or number of uses; and
3-11. the Application may include code designed to prevent you from exceeding these limits, and such code may remain on your user device after deletion of the Application in order to prevent you from installing another copy and repeating the trial period or extending the number of uses.
4. REPRESENTATIONS CONCERNING AGE AND JURISDICTION.
You represent and warrant that you are at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use the Software. If you reside in a jurisdiction which restricts the use of software according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA, download, install or use the Software. If you reside in a jurisdiction where it is forbidden by law to offer or use the Software for internet communication, you may not enter into this EULA, download, install or use the Software. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use of the Software is permitted by law.
5. CODE OF CONDUCT
5-1. In parts of the game will include Multiplayer, and communicating with other users via variety of Multiplayer and community functions. All users must act and interact with other users in a reasonable and fair manner. Actions such as hacking, cheating, bug exploitation, misuse of the Game, trolling, deceptive or abuse conduct is prohibited.
5-2. Respect other rights of users and act responsibly. Do not abuse, harass, troll or stalk other users. Actions such as uploading, sharing content, or using the Game in any way that is immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libellous, defamatory, threatening and/or bullying is prohibited. You must not cause disruption that will interfere with the operation of the game, including damaging any account, software, hardware or network. Do not upload spam, commercial, marketing, advertisement or solicitation content or promotional content or any third party links. Actions in attempt to impersonate any person, including staff of DEVS UNITED GAMES, Inc. in prohibited.
5-3. In applicable situations, buying or selling accounts to access the Game or in connection with the Game is prohibited.
5-4. Materials part of any third party which is utilized within the game, must be respected of property rights of the third parties and must not post, upload, release, distribute or in any other ways available on or through the game
5-5. If found to be breaching any of the clauses in section 5, DEVS UNITED GAMES, Inc. reserves the right to terminate this EULA to immediate action and the use of the Game for the user who has violated without any refund or compensation.
5-6. Actions in the game or in connection with the game is not responsible for DEVS UNITED GAMES, Inc. to moderate, monitor, or record, which includes any type of post, messages via written or voice between users, however reserves the right in regards. DEVS UNITED GAMES, Inc. may in certain cases to moderate these content and activities in order to follow the terms of this EULA for users and holds right to delete any content that breaches in terms of this EULA without any notice. DEVS UNITED GAMES, Inc. may proceed to cooperate with relevant game platforms and/or with law enforcement authorities in certain serious cases, which could result in disclosing any of the personal and/or relevant information to other third parties and authorities.
6. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c) DEVS UNITED GAMES, INC WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; AND (d) DEVS UNITED GAMES, Inc. ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED BY OR ON BEHALF OF DEVS UNITED GAMES, INC WILL BE THE REPLACEMENT OF ANY DEVS UNITED GAMES, INC SOFTWARE FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL DEVS UNITED GAMES, INC. BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF DEVS UNITED GAMES, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) DEVS UNITED GAMES, INC.’S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE DEVS UNITED GAMES INC’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. TERMINATION.
Without prejudice to any other of DEVS UNITED GAMES, Inc. rights or of your obligations hereunder, the limited license set forth in Section 1 of this Agreement will terminate automatically if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of this Application and all of its component parts and related materials.
9. PRIVACY POLICY.
You hereby authorize DEVS UNITED GAMES, Inc. to collect certain personal data about you. Your use of the Application is subject to DEVS UNITED GAMES’s Privacy Policy found at which is hereby incorporated into this Agreement.
10. INJUNCTIVE RELIEF.
Because DEVS UNITED GAMES, Inc. would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that DEVS UNITED GAMES, Inc. will be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which DEVS UNITED GAMES, Inc. may have under applicable laws.
11. INDEMNITY.
You agree to indemnify, defend and hold DEVS UNITED GAMES, Inc., its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement.
MISCELLANEOUS.
(a) This Agreement, including the Privacy Policy, represents the complete agreement concerning the license of this Application between the parties and supersedes all prior or contemporaneous agreements and representations between them regarding the same subject matter. (b) This Agreement may be amended only by a writing executed or electronically accepted by both parties. (c) If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement will not be affected. (d) This Agreement will be governed by the laws of South Korea.
ACCEPTANCE
BY DOWNLOADING THIS TITLE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT.