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Softnyx Co.

, Ltd - Software End User License Agreement

NOTICE TO USER: PLEASE READ CAREFULLY.

IN ORDER TO PLAY ANY SOFTNYX GAME FROM A PARTICULAR COMPUTER FOR THE FI
RST TIME YOU HAVE TO INSTALL CERTAIN SOFTNYX SOFTWARE. BY INSTALLING, USIN
G, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE SOFTWARE (DEFINED BE
LOW) DISTRIBUTED THROUGH THE WEB SITE SOFTNYX.NET OR OTHERWISE DISTRIBU
TED BY SOFTNYX CO., LTD – “SOFTNYX”. YOU ACCEPT ALL THE TERMS AND CONDITIO
NS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT"), INCLUDING, IN PARTICU
LAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTI
ON 4; WARRANTY IN SECTION 9; AND LIABILITY IN SECTION 10. YOU AGREE THAT THI
S AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNE
D BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY
THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT
AGREE, DO NOT USE THIS SOFTWARE.

Softnyx and its suppliers ("LICENSOR") own all intellectual property in the Software. L
icensor permits you to use(defined below) the Software only in accordance with the t
erms of this Agreement. Use of some third party materials included in the Software m
ay be subject to other terms and conditions typically found in a separate license agre
ement.
1. Definitions. "Software" means (a) all of the contents of the files (provided either
by electronic download, on physical media or any other method of distribution), disk
(s), CD-ROM(s) or other media as applicable with which this Agreement is provided, in
cluding but not limited to (i) Licensor or third party computer information or software;
(ii) related explanatory written materials, files or web pages ("Documentation"); and
(iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the
Software, if any, licensed to you by Licensor (collectively, "Updates"). "Use" or "Usin
g" means to access, install, download, copy, or otherwise benefit from using the funct
ionality of the Software in accordance with the Documentation. "Computer" means an
electronic device that accepts information in digital or similar form and manipulates i
t for a specific result based on a sequence of instructions.

2. Software License. Subject to your compliance with the terms of this Agreement,
including the restrictions in Section 3, Licensor grants to you a non-exclusive license t
o Use the Software for the purposes described as follows.
a. General Use. You may install and Use a copy of the Software on your compatible C
omputers without the limitation in any number of computers exclusively for non com
mercial entertainment purpose only.
b. No Modification. You may not modify, adapt, translate or create derivative works b
ased upon the Software. You may not reverse engineer, decompile, disassemble or ot
herwise attempt to discover the source code of the Software except to the extent you
may be expressly permitted to decompile under applicable law, only if it is essential t
o do so in order to achieve operability of the Software with another software progra
m, and you have first requested Licensor to provide the information necessary to achi
eve such operability and Licensor has not made such information available. Licensor
has the right to impose reasonable conditions and to request a reasonable fee before
providing such information. Any such information supplied by Licensor and any infor
mation obtained by you by such permitted decompilation may only be used by you fo
r the purpose described herein and may not be disclosed to any third party or used to
create any software which is substantially similar to the expression of the Software. R
equests for information should be directed to the Licensor Customer Support Depart
ment.
c. Third Party Website Access. The Software may allow you to access third party webs
ites ("Third Party Sites"). Your access to and use of any Third Party Sites, including an
y goods, services or information made available from such sites, is governed by the t
erms and conditions found at each Third Party Site, if any. Third Party Sites are not o
wned or operated by Licensor. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RI
SK. Licensor MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS
OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, U
SAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SEC
URITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A
NY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.

3. Restrictions. Software Prohibited Devices. You may not Use any Software on any
non-PC device or with any embedded or device version of any operating system. For t
he avoidance of doubt, and by example only, you may not use Software on any (a) m
obile devices, set top boxes (STB), handhelds, phones, web pads, tablets and Tablet P
Cs that are not running Windows XP Tablet PC Edition, game consoles, TVs, DVD play
ers, media centers (excluding Windows XP Media Center Edition and its successors),
electronic billboards or other digital signage, internet appliances or other internet-co
nnected devices, PDAs, medical devices, ATMs, telematic devices, gaming machines,
home automation systems, kiosks, remote control devices, or any other consumer ele
ctronics device, (b) operator-based mobile, cable, satellite, or television systems or
(c) other closed system devices.

4. Transfer. You may rent, lease, sublicense, assign or transfer your rights in the Sof
tware, or authorize all or any portion of the Software to be copied onto another user's
Computer only if you also transfer (a) this Agreement, and (b) the Software and all ot
her software or hardware bundled or pre-installed with the Software, including all cop
ies, Updates and prior versions, to such person or entity.

5. Intellectual Property Ownership, Copyright Protection. The Software and an


y authorized copies that you make are the intellectual property of and are owned by
Licensor and its suppliers. The structure, organization and code of the Software are t
he valuable trade secrets and confidential information of Licensor and its suppliers. T
he Software is protected by law, including without limitation the copyright laws of the
Korea and other countries, and by international treaty provisions. Except as expressly
stated herein, this Agreement does not grant you any intellectual property rights in t
he Software and all rights not expressly granted are reserved by Licensor and its sup
pliers.

6. Updates. The function of Software is guaranteed only when you agree to use an U
pdate and/or in fact install an Update to a previous version of the Software. Any oblig
ation Licensor may have to support the previous versions of the Software may be end
ed upon availability of the Update

7. Consent to Monitor. The Software may communicate your computer's informati


on including but not limited to hardware capacity, patches and modification informati
on, and any unauthorized third party program running with the Software back to Lice
nsor in order to assist users' uninterrupted game play.

8. Changes to the Agreement. Licensor reserves the right, at its sole discretion, to
change, modify, add to, supplement or delete any of the terms and conditions of this
Agreement with prior notice and subsequent publication of the updated Agreement o
n its website at www.softnyx.net. Such updated Agreement is effective upon publicati
on, and your installation and continued use of the Software following notice and publi
cation of updated Agreement will demonstrate your acceptance of any and all such c
hanges. If any future changes to this Agreement are unacceptable to you, you may te
rminate this Agreement in accordance with Section 11.

9. NO WARRANTY. The Software is being delivered to you "AS - IS" and Licensor ma
kes no warranty as to its use or performance. Licensor provides no technical support,
warranties or remedies for the Software. Licensor AND ITS SUPPLIERS DO NOT AND C
ANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM T
O THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED
BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, Licensor AND ITS SUPPLIERS MA
KE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLI
ED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO A
NY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RI
GHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR A
NY PARTICULAR PURPOSE. The provisions of Section 9 and Section 10 shall survive th
e termination of this Agreement, howsoever caused, but this shall not imply or create
any continued right to Use the Software after termination of this Agreement.

10. LIMITATION OF LIABILITY. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE


LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSE
QUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVIN
GS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY O
F SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PART
Y. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTE
D BY APPLICABLE LAW IN YOUR JURISDICTION. Nothing contained in this Agreement li
mits Licensor's liability to you in the event of death or personal injury resulting from L
icensor's negligence or for the tort of deceit (fraud). Licensor is acting on behalf of its
suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warran
ties and liability as provided in this Agreement, but in no other respects and for no ot
her purpose. For further information, please see the jurisdiction specific information a
t the end of this Agreement.

11. Termination. This Agreement is effective until terminated. You may terminate t
he Agreement at any time by (i) permanently destroying all copies of the Software in
your possession or control; (ii) removing the Software from your hard drive; and (iii) n
otifying Licensor of your intention to terminate this Agreement. Licensor may termina
te this Agreement at any time for any reason or no reason. In such event, you must i
mmediately and permanently destroy all copies of the Software in your possession an
d control and remove the Software from your hard drive. Upon termination of this Agr
eement for any reason, all licenses granted herein shall immediately terminate.

12. Export Rules. You agree that the Software will not be shipped, transferred or ex
ported into any country or used in any manner prohibited by the Korea Export Admini
stration Act or any other export laws, restrictions or regulations (collectively the "Exp
ort Laws"). In addition, if the Software is identified as export controlled items under t
he Export Laws, you represent and warrant that you are not a citizen, or otherwise lo
cated within, an embargoed nation (including without limitation Iran, Syria, Sudan, Li
bya, Cuba, and North Korea) and that you are not otherwise prohibited under the Exp
ort Laws from receiving the Software. All rights to Use the Software are granted on co
ndition that such rights are forfeited if you fail to comply with the terms of this Agree
ment.
13. General Provisions. If any part of this Agreement is found void and unenforcea
ble, it will not affect the validity of the balance of this Agreement, which shall remain
valid and enforceable according to its terms. This Agreement shall not prejudice the s
tatutory rights of any party dealing as a consumer. This Agreement may only be modi
fied by a writing signed by an authorized officer of Licensor. Updates may be licensed
to you by Licensor with additional or different terms. This is the entire agreement bet
ween Licensor and you relating to the Software and it supersedes any prior represent
ations, discussions, undertakings, communications or advertising relating to the Soft
ware.

14. Specific Provisions and Exceptions.

a. Pre-release Product Additional Terms. If the product you have received with this lic
ense is pre-commercial release or beta Software ("Pre-release Software"), then the fo
llowing Section applies. To the extent that any provision in this Section is in conflict w
ith any other term or condition in this Agreement, this Section shall supersede such o
ther term(s) and condition(s) with respect to the Pre-release Software, but only to the
extent necessary to resolve the conflict. You acknowledge that the Software is a pre-r
elease version, does not represent final product from Licensor, and may contain bug
s, errors and other problems that could cause system or other failures and data loss.
Consequently, the Pre-release Software is provided to you "AS-IS", and Licensor discl
aims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNO
T BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, LICENSOR'S
LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF 0NE DOLLA
R (U.S. $1) IN TOTAL. You acknowledge that Licensor has not promised or guaranteed
to you that Pre-release Software will be announced or made available to anyone in th
e future, Licensor has no express or implied obligation to you to announce or introduc
e the Pre-release Software and that Licensor may not introduce a product similar to o
r compatible with the Pre-release Software. Accordingly, you acknowledge that any re
search or development that you perform regarding the Pre-release Software or any pr
oduct associated with the Pre-release Software is done entirely at your own risk. Duri
ng the term of this Agreement, if requested by Licensor, you will provide feedback to
Licensor regarding testing and use of the Pre-release Software, including error or bug
reports. If you have been provided the Pre-release Software pursuant to a separate w
ritten agreement, your use of the Software is also governed by such agreement. You
agree that you may not and certify that you will not sublicense, lease, loan, rent, assi
gn or transfer the Pre-release Software. Upon receipt of a later unreleased version of
the Pre-release Software or release by Licensor of a publicly released commercial ver
sion of the Software, whether as a stand-alone product or as part of a larger product,
you agree to return or destroy all earlier Pre-release Software received from Licensor
and to abide by the terms of the license agreement for any such later versions of the
Pre-release Software. Notwithstanding anything in this Section to the contrary, if you
are located outside the Korea, you agree that you will return or destroy all unrelease
d versions of the Pre-release Software within thirty (30) days of the completion of you
r testing of the Software when such date is earlier than the date for Licensor's first co
mmercial shipment of the publicly released (commercial) Software.

If you have any questions regarding this Agreement or if you wish to request any info
rmation from Licensor please use the address and contact information included with t
his product or via the web at Licensor's corporate website, to contact the Licensor's
office serving your jurisdiction

Softnyx and all other associated marks pertaining to Licensor properties are either re
gistered trademarks or trademarks in use of Licensor in Korea and/or other countries.
Softnyx EULA-en_KR-20081117