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END-USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE DOWNLOADING, INSTALLING, OR OTHERWISE USING GUNBOUNDM (THE "GAME SOFTWARE"), WHICH IS PROVIDED AND SERVICED BY DARGOMSTUDIO CO., LTD., LOCATED AT B-1310, 606, SEOBUSAET-GIL, GEUMCHEON-GU, SEOUL, REPUBLIC OF KOREA AND ITS AFFILIATED COMPANIES ("DARGOMSTUDIO").
You may install and use the Game Software only if you agree to the terms of this Agreement. Your installation and use of the Game Software will constitute your acceptance to the terms of this Agreement and to the collection of information according to Article 11 herein, as set forth by DARGOMSTUDIO.
If you do not agree to the terms set forth in this Agreement, please do not install or use the Game Software.
1. LIMITED USE LICENSE
The term "Game Software" comprises the software included in GUNBOUNDM, any associated media and content, any printed or written materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. DARGOMSTUDIO grants to you the non-exclusive, non-transferable, revocable, limited right and license to install and use the Game Software solely for your personal, non-commercial use (the "License"). All rights not specifically granted under this License are hereby reserved by DARGOMSTUDIO and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software or any associated media and content, except as explicitly granted herein, and should not be construed as a sale or transfer of any intellectual property or other rights to the Software. You shall not claim ownership or other rights to the Game Software or any associated media and content.
2. OWNERSHIP
You agree and acknowledge that all title, 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 code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, "applets" incorporated into the Game Software, and any related documentation) are owned by DARGOMSTUDIO or its licensors.
The Game Software is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, Korean and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software may contain certain materials licensed by DARGOMSTUDIO from others, and DARGOMSTUDIO and DARGOMSTUDIO's licensors will protect their rights in the event of any violation of this Agreement.
3. LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this Agreement and you SHALL NOT:
(a) sell, rent, lease, sub-license, modify, adapt, merge, translate, reproduce, distribute, upload to any Internet server or web site, otherwise transfer, or use for a commercial purpose any portion of this Game Software without the express prior written consent of DARGOMSTUDIO;
(b) reverse engineer, derive source code, modify, decompile, disassemble, translate 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 morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of DARGOMSTUDIO and/or its licensors on creation, in any event);
(c) remove, disable or circumvent any security protections or technical measures that control access to the Game Software;
(d) create data or executable programs that mimic data or functionality in the Game Software;
(e) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(f) transmit, distribute, or make available for use any software that is malicious, disruptive to business, or invasive, including viruses, malware, time bombs, adware, worms and any other unauthorized programming through the Software, or any such software that disrupts or interferes with the operation of the Game Software or the business of DARGOMSTUDIO;
(g) access or re-transmit to a third party the data transmitted and received between the Game Software and DARGOMSTUDIO, or use any program that collects and saves, or otherwise interfaces with, information from the memory sector used by the Game Software; or
(h) collect, store, track, or disclose information on other users such as their name, email address, and URL.
Furthermore, you agree that you shall abide by the relevant applicable laws, safety guidelines, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
4. SOFTWARE UPDATES AND PATCHES
DARGOMSTUDIO 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. DARGOMSTUDIO may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to DARGOMSTUDIO 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 patches, updates and modifications.
5. LIMITED WARRANTY
You agree that your use of the Game Software is at your sole risk and that the Game Software is provided to you on an "as is" and "as available" basis. To the maximum extent permitted by law, DARGOMSTUDIO hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement of third party rights, merchantability, satisfactory quality, or fitness for a particular purpose.
Without limiting any of the foregoing, DARGOMSTUDIO does not ensure continuous, error-free, secure or virus-free operation of the Game Software and other DARGOMSTUDIO services, other than as explicitly described in the Game Software's manual.
6. LIMITATION OF LIABILITY
Without limiting any of the foregoing, DARGOMSTUDIO does not ensure continuous, error-free, secure or virus-free operation of the DARGOMSTUDIO Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.
7. LIMITATIONS ON DAMAGES
IN NO EVENT SHALL DARGOMSTUDIO OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF DARGOMSTUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL DARGOMSTUDIO OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. DARGOMSTUDIO'S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. TERM AND TERMINATION
Without prejudice to any other rights of DARGOMSTUDIO, this Agreement shall remain in effect for as long as you use, operate or run the Software or until terminated by either party. This Agreement may be terminated via notice to you by DARGOMSTUDIO if you fail to comply with its terms and conditions. In such event, you must immediately cease use of the Game Software and its associated media and content, and uninstall and destroy all copies thereof. You may also terminate the License at any time by destroying the Software and uninstalling it from your computer(s) or other applicable hardware. You understand and agree that your removal of the Game Software also removes any and all files and folders created within the Game Software's installation directory. The Sections entitled "Ownership", "License Conditions and Restrictions", "Limited Warranty", "Limitation of Liability", "Term and Termination", "Injunction", "Indemnity", "Governing Law; Dispute Resolution", and "Miscellaneous" shall survive any termination of this License.
9. INJUNCTION
Because DARGOMSTUDIO would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that DARGOMSTUDIO 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.
10. INDEMNITY
You agree to indemnify, defend and hold harmless DARGOMSTUDIO, its licensors, partners, affiliates, contractors, and each of their respective officers, directors, employees and agents from all claims, damages, losses, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software or any violation of this Agreement by you.
11. COLLECTION AND USE OF USER DATA
DARGOMSTUDIO may, for the purpose of improving the Game Software's user environment or features, collect your user data, which shall be used within the scope of the purpose for which such data was collected. If the collected information includes personal information, its collection and processing shall be done according to DARGOMSTUDIO Privacy Policy, which may be found on DARGOMSTUDIO official website.
12. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement and the relationship between you and DARGOMSTUDIO 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 DARGOMSTUDIO agree to make reasonable, good faith efforts to amicably resolve any dispute or claim that arises from or relates to this Agreement or the Software ("Dispute") before initiating any legal action or arbitration in accordance with the below paragraph. The party seeking to raise the Dispute shall send to the other party a written notice describing the nature and basis of such Dispute or claim and identifying the relief sought. If you and DARGOMSTUDIO are unable to resolve the Dispute amicably within thirty (30) days after such written notice is received, the party seeking to raise the Dispute may submit the Dispute to the competent Korean court for final determination. You and DARGOMSTUDIO agree to submit to the exclusive jurisdiction and venue of the courts located in the Republic of Korea with regard to any Dispute. Notwithstanding this, you agree that DARGOMSTUDIO is allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
13. AMENDMENTS
DARGOMSTUDIO reserves the right to amend this Agreement at any time, at its sole discretion, but will communicate such changes through the Steam service. 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.
14. MISCELLANEOUS
This Agreement represents the complete agreement between you and DARGOMSTUDIO concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and DARGOMSTUDIO (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, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact DARGOMSTUDIO at B-1310, 606, SEOBUSAET-GIL, GEUMCHEON-GU, SEOUL, REPUBLIC OF KOREA, Attn. Admin Department.
Last Updated: October 1, 2021
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE DOWNLOADING, INSTALLING, OR OTHERWISE USING GUNBOUNDM (THE "GAME SOFTWARE"), WHICH IS PROVIDED AND SERVICED BY DARGOMSTUDIO CO., LTD., LOCATED AT B-1310, 606, SEOBUSAET-GIL, GEUMCHEON-GU, SEOUL, REPUBLIC OF KOREA AND ITS AFFILIATED COMPANIES ("DARGOMSTUDIO").
You may install and use the Game Software only if you agree to the terms of this Agreement. Your installation and use of the Game Software will constitute your acceptance to the terms of this Agreement and to the collection of information according to Article 11 herein, as set forth by DARGOMSTUDIO.
If you do not agree to the terms set forth in this Agreement, please do not install or use the Game Software.
1. LIMITED USE LICENSE
The term "Game Software" comprises the software included in GUNBOUNDM, any associated media and content, any printed or written materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. DARGOMSTUDIO grants to you the non-exclusive, non-transferable, revocable, limited right and license to install and use the Game Software solely for your personal, non-commercial use (the "License"). All rights not specifically granted under this License are hereby reserved by DARGOMSTUDIO and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software or any associated media and content, except as explicitly granted herein, and should not be construed as a sale or transfer of any intellectual property or other rights to the Software. You shall not claim ownership or other rights to the Game Software or any associated media and content.
2. OWNERSHIP
You agree and acknowledge that all title, 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 code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, "applets" incorporated into the Game Software, and any related documentation) are owned by DARGOMSTUDIO or its licensors.
The Game Software is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, Korean and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software may contain certain materials licensed by DARGOMSTUDIO from others, and DARGOMSTUDIO and DARGOMSTUDIO's licensors will protect their rights in the event of any violation of this Agreement.
3. LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this Agreement and you SHALL NOT:
(a) sell, rent, lease, sub-license, modify, adapt, merge, translate, reproduce, distribute, upload to any Internet server or web site, otherwise transfer, or use for a commercial purpose any portion of this Game Software without the express prior written consent of DARGOMSTUDIO;
(b) reverse engineer, derive source code, modify, decompile, disassemble, translate 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 morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of DARGOMSTUDIO and/or its licensors on creation, in any event);
(c) remove, disable or circumvent any security protections or technical measures that control access to the Game Software;
(d) create data or executable programs that mimic data or functionality in the Game Software;
(e) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(f) transmit, distribute, or make available for use any software that is malicious, disruptive to business, or invasive, including viruses, malware, time bombs, adware, worms and any other unauthorized programming through the Software, or any such software that disrupts or interferes with the operation of the Game Software or the business of DARGOMSTUDIO;
(g) access or re-transmit to a third party the data transmitted and received between the Game Software and DARGOMSTUDIO, or use any program that collects and saves, or otherwise interfaces with, information from the memory sector used by the Game Software; or
(h) collect, store, track, or disclose information on other users such as their name, email address, and URL.
Furthermore, you agree that you shall abide by the relevant applicable laws, safety guidelines, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
4. SOFTWARE UPDATES AND PATCHES
DARGOMSTUDIO 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. DARGOMSTUDIO may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to DARGOMSTUDIO 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 patches, updates and modifications.
5. LIMITED WARRANTY
You agree that your use of the Game Software is at your sole risk and that the Game Software is provided to you on an "as is" and "as available" basis. To the maximum extent permitted by law, DARGOMSTUDIO hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement of third party rights, merchantability, satisfactory quality, or fitness for a particular purpose.
Without limiting any of the foregoing, DARGOMSTUDIO does not ensure continuous, error-free, secure or virus-free operation of the Game Software and other DARGOMSTUDIO services, other than as explicitly described in the Game Software's manual.
6. LIMITATION OF LIABILITY
Without limiting any of the foregoing, DARGOMSTUDIO does not ensure continuous, error-free, secure or virus-free operation of the DARGOMSTUDIO Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.
7. LIMITATIONS ON DAMAGES
IN NO EVENT SHALL DARGOMSTUDIO OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF DARGOMSTUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL DARGOMSTUDIO OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. DARGOMSTUDIO'S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. TERM AND TERMINATION
Without prejudice to any other rights of DARGOMSTUDIO, this Agreement shall remain in effect for as long as you use, operate or run the Software or until terminated by either party. This Agreement may be terminated via notice to you by DARGOMSTUDIO if you fail to comply with its terms and conditions. In such event, you must immediately cease use of the Game Software and its associated media and content, and uninstall and destroy all copies thereof. You may also terminate the License at any time by destroying the Software and uninstalling it from your computer(s) or other applicable hardware. You understand and agree that your removal of the Game Software also removes any and all files and folders created within the Game Software's installation directory. The Sections entitled "Ownership", "License Conditions and Restrictions", "Limited Warranty", "Limitation of Liability", "Term and Termination", "Injunction", "Indemnity", "Governing Law; Dispute Resolution", and "Miscellaneous" shall survive any termination of this License.
9. INJUNCTION
Because DARGOMSTUDIO would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that DARGOMSTUDIO 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.
10. INDEMNITY
You agree to indemnify, defend and hold harmless DARGOMSTUDIO, its licensors, partners, affiliates, contractors, and each of their respective officers, directors, employees and agents from all claims, damages, losses, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software or any violation of this Agreement by you.
11. COLLECTION AND USE OF USER DATA
DARGOMSTUDIO may, for the purpose of improving the Game Software's user environment or features, collect your user data, which shall be used within the scope of the purpose for which such data was collected. If the collected information includes personal information, its collection and processing shall be done according to DARGOMSTUDIO Privacy Policy, which may be found on DARGOMSTUDIO official website.
12. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement and the relationship between you and DARGOMSTUDIO 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 DARGOMSTUDIO agree to make reasonable, good faith efforts to amicably resolve any dispute or claim that arises from or relates to this Agreement or the Software ("Dispute") before initiating any legal action or arbitration in accordance with the below paragraph. The party seeking to raise the Dispute shall send to the other party a written notice describing the nature and basis of such Dispute or claim and identifying the relief sought. If you and DARGOMSTUDIO are unable to resolve the Dispute amicably within thirty (30) days after such written notice is received, the party seeking to raise the Dispute may submit the Dispute to the competent Korean court for final determination. You and DARGOMSTUDIO agree to submit to the exclusive jurisdiction and venue of the courts located in the Republic of Korea with regard to any Dispute. Notwithstanding this, you agree that DARGOMSTUDIO is allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
13. AMENDMENTS
DARGOMSTUDIO reserves the right to amend this Agreement at any time, at its sole discretion, but will communicate such changes through the Steam service. 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.
14. MISCELLANEOUS
This Agreement represents the complete agreement between you and DARGOMSTUDIO concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and DARGOMSTUDIO (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, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact DARGOMSTUDIO at B-1310, 606, SEOBUSAET-GIL, GEUMCHEON-GU, SEOUL, REPUBLIC OF KOREA, Attn. Admin Department.
Last Updated: October 1, 2021