67 lines
34 KiB
XML
67 lines
34 KiB
XML
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<?xml version="1.0" encoding="UTF-8" standalone="yes"?>
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<imgdir name="TestEULA.img">
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<imgdir name="EULA">
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<string name="Text00" value="#eEND USER LICENSE AGREEMENT#n\r\n\r\nTHIS END USER LICENSE AGREEMENT (THIS "#eAGREEMENT#n") IS ENTERED INTO BETWEEN NEXON AMERICA, INC. ("#eNEXON AMERICA#n") AND YOU ("#eYOU#n" OR "#eYOUR#n"). IT IS IMPORTANT THAT YOU READ AND CAREFULLY UNDERSTAND THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT" BUTTON LOCATED AT THE END OF THIS AGREEMENT OR OTHERWISE INSTALLING, USING OR COPYING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DO NOT WISH TO BE BOUND, PLEASE CLICK THE "I DO NOT ACCEPT" BUTTON BELOW. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE ABLE TO ACCESS, DOWNLOAD OR USE THE SOFTWARE AND/OR THE SERVICE. NEXON AMERICA RESERVES THE RIGHT IN ITS SOLE DISCRETION AT ANY TIME TO CHANGE ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. ANY CHANGES TO THIS AGREEMENT WILL BE EFFECTIVE UPON POSTING AT HTTP://WWW.NEXON.NET.#n\r\n\r\n\r\n\r\n\r\n"/>
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<string name="Text01" value="#eIMPORTANT INFORMATION#n\r\n\r\nTHIS END USE LICENSE AGREEMENT PERTAINS TO THE USE OF THE PUBLIC TEST SERVER CLIENT FOR MAPLESTORY ONLY (THE "TEST SERVER"). IF YOU DO NOT WANT TO PLAY MAPLESTORY ON A PUBLIC TEST SERVER CLIENT, THEN GO TO WWW.NEXON.NET AND CLICK ON TO NEXON'S REGULAR MAPLESTORY CLIENT.#n\r\n\r\n\r\n\r\n\r\n"/>
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<string name="Text02" value="#eOTHER IMPORTANT INFORMATION#n\r\n\r\n IF YOU DECIDE TO PLAY MAPLESTORY ON THIS PUBLIC TEST SERVER CLIENT, PLEASE BE AWARE OF THE FOLLOWING CHANGES TO THE GAME AND TO THE AGREEMENT :\r\n\r\n\r\n"/>
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<string name="Text03" value="#e-#nFOR TESTING PURPOSE ONLY, THE TEST SERVER IS SET TO GIVE MORE EXPERIENCE FOR FASTER LEVELING. THE EXPERIENCE EARNED ON THE TEST SERVER WILL NOT BE APPLIED ON THE LIVE SERVER. \r\n\r\n"/>
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<string name="Text04" value="#e-#nTHE CHARACTER INFORMATION ON THE TEST SERVER WILL NOT BE TRANSFERABLE TO THE LIVE SERVER UNDER ANY CIRCUMSTANCES. \r\n\r\n"/>
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<string name="Text05" value="#e-#nTHE CHARACTERS ON THE TEST SERVER MAY BE RESET BY NEXON AMERICA WITHOUT ANY ADVANCED NOTIFICATION TO THE USERS. \r\n\r\n"/>
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<string name="Text06" value="#e-#nNEXON MAY BRING DOWN THE TEST SERVER FOR MAINTENANCE WITHOUT ANY ADVANCED NOTIFICATION TO THE USERS. \r\n\r\n"/>
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<string name="Text07" value="#e-#nTHE CONTENTS TESTED ON THE TEST SERVER MAY NOT BE APPLIED ON THE LIVE SERVER.\r\n\r\n"/>
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<string name="Text08" value="#e-#nTHE DETAILS OF THE TESTED CONTENTS THAT GET APPLIED ONTO THE LIVE SERVER MAY BE CHANGED.\r\n"/>
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<string name="Text09" value="#e#nALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT AND THE TERMS OF USE SHALL REMAIN THE SAME. IN THE EVENT OF CONFLICTING TERMS BETWEEN THE TERMS SET FORTH ABOVE IN RED ON THE ONE HAND AND THE REMAINDER OF THE AGREEMENT AND THE TERMS OF USE ON THE OTHER, THE TERMS SET FORTH ABOVE IN RED SHALL PREVAIL.\r\n\r\n"/>
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<string name="Text10" value="#e1. DEFINITIONS#n\r\n\r\nFor purposes of this Agreement, the following terms shall have the following meanings (terms capitalized but not defined in this Agreement shall have the meaning given to them in our Terms of Use):\r\n\r\n\r\n"/>
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<string name="Text11" value="#e1.1 "Documentation"#n means the online, electronic or printed user guides and other documentation which Nexon America makes generally available which describes the installation and use of the Software, regardless of how such documentation is accessed by you or delivered to you.\r\n\r\n"/>
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<string name="Text12" value="#e1.2 "Derivative Work"#n means a new or modified work that is based on or derived from a preexisting work, including, without limitation, a work that, in the absence of a license, would infringe the copyright in such preexisting work or that uses trade secrets or other proprietary information with respect to such preexisting work.\r\n\r\n"/>
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<string name="Text13" value="#e1.3 "Game"#n means any "Massively Multiplayer Online Role-Playing Game" or "Multiplayer Casual Online Game" or other game provided by Nexon America.\r\n\r\n"/>
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<string name="Text14" value="#e1.4 "Intellectual Property Rights"#n means worldwide statutory and common law rights, existing now or in the future, associated with (a) issued patents, reissued or reexamined patents, revivals of patents, divisions, continuations and continuations-in-part of patents, all renewals and extensions thereof, utility models, and certificates of invention, regardless of country or formal name, published or unpublished nonprovisional and provisional patent applications, including the right to file other or further applications, reexamination proceedings, invention disclosures and records of invention; (b) works of authorship and visual artworks, including copyrights, moral rights, semiconductor topography and mask work rights, and all applications for registration, registrations, renewals and extensions of registrations thereof, together with all other interests accruing by reason of international copyright, semiconductor topography and mask work conventions; (c) proprietary information and materials, whether or not patentable or copyrightable, and whether or not reduced to practice, including without limitation all trade secrets, confidential information, business methods, ideas, research and development, inventions, designs, manufacturing and operating specifications and processes, know-how, formulae, customer and supplier lists, shop rights, designs, drawings, patterns, technical data, databases, data compilations and collections, computer programs, hardware, software and processes; (d) the trademarks, trade names, and service marks used by a party, whether registered or unregistered, together with the goodwill of the business associated therewith, and all applications for registration and registrations thereof, renewals thereof, the right to bring opposition and cancellation proceedings and any and all rights under the laws of trade dress, the respective stylistic marks and distinctive logotypes for such trademarks, trade names, and service marks and such other marks and logotypes as either party may designate from time to time in writing; and (e) all claims, causes of action and rights to sue for past, present and future infringement or use without consent of any of the foregoing rights.\r\n\r\n"/>
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<string name="Text15" value="#e1.5 "Service"#n shall mean the web sites provided by Nexon America (or its designees) and all related services and products, including, without limitation, Games hosted on servers controlled by Nexon America (or its designees) that are made available through the Internet for remote use by third parties.\r\n\r\n"/>
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<string name="Text16" value="#e1.6 "Software"#n means the Game software, in object code form only, and the media, Documentation and Updates for which you are granted a license pursuant to this Agreement.\r\n\r\n"/>
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<string name="Text17" value="#e1.7 "Term"#n shall have the meaning set forth in Section 7.1.\r\n\r\n"/>
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<string name="Text18" value="#e1.8 "Terms of Use"#n means Nexon America's terms of use for the Service located at http://www.nexon.net.\r\n\r\n"/>
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<string name="Text19" value="#e1.9 "Updates"#n means the object code forms of any modifications, error corrections, bug fixes, new versions, or other updates of or to the Software that may be provided or otherwise made available hereunder by Nexon America to you during the Term.\r\n\r\n\r\n"/>
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<string name="Text20" value="#e2. OWNERSHIP; GRANT OF LICENSE; RESTRICTIONS#n\r\n\r\n\r\n"/>
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<string name="Text21" value="#e2.1 Ownership.#n As between Nexon America and you, Nexon America owns and shall retain all right, title and interest, including, without limitation, all Intellectual Property Rights, in and to the Software, and any portions thereof, including, without limitation, any copy or Derivative Work of the Software (or any portion thereof) and any Updates thereto. You agree to take any action reasonably requested by Nexon America to evidence, maintain, enforce or defend the foregoing rights. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with Nexon America's ownership of and rights with respect to the Software, or any Derivative Work or Update thereof or thereto. You shall have only those rights in and to the Software and any Derivative Work or Update thereto as are expressly granted to you under this Agreement or the Terms of Use.\r\n\r\n"/>
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<string name="Text22" value="#e2.2 Limited Grant of License/Terms of Use.#n Subject to the terms and conditions of this Agreement, Nexon America hereby grants you a non-exclusive, nontransferable, nonsublicensable, limited right and license, during the Term, to access and use the Software, solely in accordance with the Documentation and solely for your own personal use. Except as set forth in this Section 2.2, no other right or license of any kind is granted by Nexon America to you hereunder with respect to the Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all Intellectual Property Rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software (or other software) to a human-perceivable form or transfer the Software to any third party. In order to use the Software and the Service, you must register for an account and agree to terms and conditions of the Terms of Use, which are incorporated herein by this reference. If you do not agree to the Terms of Use, please do not use the Service.\r\n\r\n "/>
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<string name="Text23" value="#e2.3 Restrictions.#n You hereby acknowledge and agree that you shall not use the Software for any purpose other than playing purposes, and that you shall use the Software in accordance with all applicable laws, rules and regulations. Except as expressly provided herein, you shall not, and shall not permit any third party to: (a) copy all or any portion of the Software; (b) decompile, disassemble or otherwise reverse engineer the Software, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques used or embodied in the Software or any portion thereof; (c) modify, translate, or create any Derivative Works based upon the Software; (d) distribute, disclose, market, rent, lease, grant a security interest in, transfer, assign, sublicense, pledge or otherwise transfer the Software, in whole or in part, or any Cash Item (as defined in the Terms of Use) to any third party whatsoever; (e) host, provide or develop matchmaking services for the Software or intercept, emulate or redirect the communication protocols used by Nexon America, or its designees, in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Software, use of a utility program or any other technique now known or hereafter developed, for any purpose, including, without limitation, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; (f) create, use or maintain any unauthorized connections to the Software; (g) remove or alter any copyright, trademark, or other Intellectual Property Right notices, legends, symbols, or labels appearing on or in the Software; (h) perform, or release the results of, benchmark tests or other comparisons of the Software with other software or materials; and/or (i) use the Software for any purpose other than in accordance with the terms and conditions of this Agreement.\r\n\r\n\r\n"/>
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<string name="Text24" value="#e3. SERVICE#n\r\n\r\n\r\n"/>
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<string name="Text25" value="#e3.1 Hosting.#n During the Term, Nexon America and/or its designees shall host and maintain the Service, and provide access to the Service through the use of the Software, subject to the terms and conditions of this Agreement and the Terms of Use. You acknowledge and agree that the Software is used to play the Game through the Service and that Nexon America may, in its sole discretion, terminate or otherwise discontinue providing the Service pursuant to the Terms of Use.\r\n\r\n"/>
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<string name="Text26" value="#e3.2 Updates.#n During the Term, Nexon America may provide you with Updates as they are made generally available by Nexon America. You acknowledge that, to the extent Nexon America licenses some or all of the Software and/or other components of the Service from third party vendors ("#eVendors#n"), such Vendors, and not Nexon America, are responsible for creating Updates, if any, and making them available for installation or distribution. You acknowledge and agree that Nexon America may, without your knowledge and/or consent, provide Updates to you remotely, including, without limitation, by accessing the computer in which you store the Software. You hereby grant Nexon America your express consent to provide Updates to you by any and all means, with or without your knowledge and/or consent. Any Update provided or made available by Nexon America hereunder shall be deemed part of the Software and shall be subject to the terms and conditions of this Agreement.\r\n\r\n"/>
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<string name="Text27" value="#e3.3 Your Further Obligations.#n You shall be solely responsible for any and all costs and fees in connection with accessing and using the Software and/or the Service, including, without limitation, Internet service provider fees, telecommunications fee and the costs of any and all equipment used by you in connection with the Software and/or the Service. You acknowledge that Nexon America shall have no obligation to assist you in using or accessing the Software, except as expressly set forth in this Agreement. In addition, you agree to adhere at all times to the Terms of Use made available through the Service, as may be amended from time to time.\r\n\r\n\r\n"/>
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<string name="Text28" value="#e4. CONFIDENTIAL INFORMATION#n\r\n\r\n\r\n"/>
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<string name="Text29" value="#e4.1 Confidential Information.#n You acknowledge that, in the course of using the Software and exercising your rights under this Agreement, you may obtain confidential information relating to the Software, the Service or Nexon America and its Vendors or other parties ("#eConfidential Information#n"). Such Confidential Information shall, as between you and Nexon America, belong solely to Nexon America and shall include, without limitation, the Software (including any and all Derivative Works and Updates), the existence of and terms of this Agreement, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, formulas, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and functional specifications, product requirements, problem reports, performance information, documents, and other technical, business, product, marketing, third party customers, and financial information, plans and data.\r\n\r\n"/>
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<string name="Text30" value="#e4.2 Use and Disclosure Restrictions.#n You hereby acknowledge and agree that the Confidential Information constitutes and contains valuable proprietary information and trade secrets of Nexon America, and embodies substantial creative efforts and confidential information, ideas, and expressions. Accordingly, you agree: (a) to protect the Confidential Information from unauthorized dissemination and use; (b) to use the Confidential Information only for the performance of your obligations and in connection with the exercise of your rights hereunder; (c) not to disclose or otherwise provide to any third party, without the prior written consent of Nexon America, any Confidential Information or any part or parts thereof; (d) to undertake whatever action is necessary to prevent or remedy (or authorize Nexon America to do so in your name) any breach of your confidentiality obligations set forth herein; (e) not to remove or destroy any proprietary or confidential legends or markings placed upon or contained within the Software, or on any other Confidential Information provided to you by Nexon America; and (f) not to develop any other materials, products, or services containing any of the concepts or ideas contained in the Software or Service or any other Confidential Information.\r\n\r\n"/>
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<string name="Text31" value="#e4.3 Exclusions.#n The foregoing restrictions pertaining to the Confidential Information shall not apply with respect to any Confidential Information that: (a) was or becomes publicly known through no fault of you; (b) was known by you before receipt from Nexon America, as evidenced by your contemporaneous written records, (c) becomes known to you without confidential or proprietary restriction from a source other than Nexon America that does not owe a duty of confidentiality to Nexon America with respect to such Confidential Information; or (d) is independently developed by you without use of the Confidential Information. In addition, you may use or disclose Confidential Information to the extent (i) expressly approved by an authorized representative of Nexon America in writing, and (ii) you are legally compelled to disclose such Confidential Information; provided, however, prior to any such compelled disclosure you shall cooperate fully with Nexon America in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information.\r\n\r\n\r\n"/>
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<string name="Text32" value="#e5. NO WARRANTY/LIMITATION OF LIABILITY#n\r\n\r\n\r\n"/>
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<string name="Text33" value="#e5.1 Disclaimer of Warranties.#n THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEXON AMERICA AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NEXON AMERICA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE, AND/OR THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SOFTWARE IS HOSTED AND/OR OPERATES, ARE OR WILL BE FREE OF 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 SOFTWARE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF NEXON AMERICA OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE IN OR ON THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. #eYOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.#n\r\n\r\n "/>
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<string name="Text34" value="#e5.2 Limitation of Liability.#n NEITHER NEXON AMERICA NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR NEXON AMERICA'S OR OTHER ENTITIES' DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, EVEN IF NEXON AMERICA (OR SUCH OTHER ENTITIES OR PERSONS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE, OR ANY PART THEREOF, IS TO STOP USING THE SOFTWARE. THE MAXIMUM AGGREGATE LIABILITY OF NEXON AMERICA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE TWENTY U.S. DOLLARS.\r\n\r\n"/>
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<string name="Text35" value="#e5.3 Other.#n Without limiting the foregoing, Nexon America shall have no obligations, responsibilities and/or liabilities if any nonconformance or failure of, or error in, the Software is caused by: (a) use of any attachment, feature, hardware, software or device in connection with the Software not supplied by Nexon America; (b) transportation, neglect or misuse of the Software or any use of the Software that is not in accordance with this Agreement and/or the Documentation; (c) alteration, modification, or enhancement of the Software other than by Nexon America; or (d) failure to provide a suitable installation or use environment for all or any part of the Software.\r\n\r\n"/>
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<string name="Text36" value="#e6. INDEMNIFICATION#n\r\n\r\nAs a condition of your access to and use of the Software, you hereby agree to indemnify, defend, and hold Nexon America, our parents, subsidiaries, affiliates, independent contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against, any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your use, operation or combination of the Software with non-Nexon America software, data, equipment or documentation if liability would have been avoided but for such use, operation, or combination; (b) your use of other than the then-current, unaltered version of the Software; (c) your activities after Nexon America has notified you that Nexon America believes such activities may result in infringement or otherwise violate the rights of Nexon America or any third party; (d) any modifications to the Software made by you; (e) your breach or alleged breach of this Agreement; and (f) your violation of any applicable law or the rights of any other person.\r\n\r\n"/>
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<string name="Text37" value="#e7. TERM AND TERMINATION#n\r\n\r\n\r\n"/>
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<string name="Text38" value="#e7.1 Term.#n This Agreement shall commence on the date you click the "I Accept" button below and shall continue until termination in accordance with this Section 7.\r\n\r\n"/>
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<string name="Text39" value="#e7.2 Termination.#n This Agreement shall remain effective until terminated in accordance with its terms. Nexon America may terminate this Agreement in the event that you fail to comply with the terms and conditions contained herein or the terms and conditions contained in the Terms of Use. Without limiting the foregoing, Nexon America reserves the right to immediately terminate this Agreement, and/or your use of the Software or any portion thereof, at any time and for any reason, with or without cause.\r\n\r\n"/>
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<string name="Text40" value="#e7.3 Effect of Termination.#n Upon the expiration or termination of this Agreement, all rights and licenses granted to you hereunder shall immediately terminate. Upon termination or expiration of this Agreement, you shall, at your sole expense, return to Nexon America (or destroy, at Nexon America's sole election) all Software and Confidential Information (and all copies and extracts thereof) then in your possession or under your control. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not act as a release of your liability for breach of your obligations under this Agreement. Nexon America shall not be liable to you for damages of any kind solely as a result of terminating this Agreement in accordance with its terms. Nexon America's termination of this Agreement shall be without prejudice to any other right or remedy that it may have at law or in equity, and shall not relieve you of breaches occurring prior to the effective date of such termination. The provisions of Sections 1 ("Definitions"), 2.1 ("Ownership"), 2.3 ("Restrictions"), 4 ("Confidential Information"), 5 ("No Warranty/Limitation of Liability"), 6 ("Indemnification"), 7.3 ("Effect of Termination") and 8 ("General Provisions"), shall survive the expiration or any termination of this Agreement.\r\n\r\n\r\n"/>
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<string name="Text41" value="#e8. GENERAL PROVISIONS#n\r\n\r\n\r\n"/>
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<string name="Text42" value="#e8.1 Assignment.#n This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Nexon America. Nexon America may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section 8.1 shall be null and void.\r\n\r\n"/>
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<string name="Text43" value="#e8.2 Governing Law, Jurisdiction, and Venue.#n This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to principles of conflicts of laws that would result in the application of the law of a different jurisdiction. Any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the State and Federal courts located in Los Angeles County, California, U.S.A, and the parties hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts, and waive any jurisdictional, venue or inconvenient forum objections to such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.\r\n\r\n"/>
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<string name="Text44" value="#e8.3 Attorneys' Fees.#n If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorney fees paid or incurred in good faith.\r\n\r\n"/>
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<string name="Text45" value="#e8.4 Waiver.#n The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.\r\n\r\n"/>
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<string name="Text46" value="#e8.5 Severability.#n If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.\r\n\r\n"/>
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<string name="Text47" value="#e8.6 Relationship of the Parties.#n Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party, nor either party's agents, have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.\r\n\r\n"/>
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<string name="Text48" value="#e8.7 Force Majeure.#n Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network "brownouts" or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.\r\n\r\n"/>
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<string name="Text49" value="#e8.8 U.S. Government Rights.#n If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the Software is "commercial computer software" and "commercial computer software documentation," and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this Agreement.\r\n\r\n"/>
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<string name="Text50" value="#e8.9 Export Controls.#n You shall abide by all applicable export laws and regulations in its use of the Software. The Software, or any part thereof, may not be downloaded or otherwise exported or re-exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.\r\n\r\n"/>
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<string name="Text51" value="#e8.10 Captions and Section Headings.#n The captions and Section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.\r\n\r\n"/>
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<string name="Text52" value="#e8.11 Equitable Relief.#n You acknowledge and agree that due to the unique nature of this Agreement, there can be no adequate remedy at law to compensate Nexon America for your breach or threatened breach hereof; that any such breach or threatened breach will allow you or third parties to compete unfairly with Nexon America resulting in irreparable harm to Nexon America that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Nexon America shall be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, hereunder, or otherwise.\r\n\r\n"/>
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<string name="Text53" value="#e8.12 Entire Agreement; Amendment.#n This Agreement (together with the Terms of Use) constitute the entire agreement between the parties concerning the subject matter hereof, and supersedes (a) all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements, and communications, whether oral or written, between the parties relating to the subject matter of this Agreement; and (b) all past courses of dealing and industry custom.\r\n\r\n\r\n"/>
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<string name="Text54" value="THE GAME AND SERVICE ARE AVAILABLE ONLY TO ADULTS (I.E., THOSE PERSONS 18 YEARS OF AGE OR OLDER, OR THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18) OR, IN THEIR DISCRETION, THE MINOR CHILD (NO YOUNGER THAN 13 YEARS OF AGE) OF A PARENT OR GUARDIAN WHO IS AN ADULT. IF YOU ARE A MINOR CHILD, THEN BOTH YOU AND YOUR PARENT(S) OR GUARDIAN(S) TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU REPRESENT THAT YOU AND AN ADULT, PARENT OR GUARDIAN, ARE ACCEPTING THIS AGREEMENT ON BEHALF OF THEMSELVES AND ON YOUR BEHALF. PARENTS OR GUARDIANS ARE LIABLE FOR ALL ACTIVITIES OF THEIR MINOR CHILD.\r\n\r\n"/>
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<string name="Text55" value="BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THIS AGREEMENT, (3) YOU HAVE THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT, (4) THIS AGREEMENT CONSTITUTES A BINDING AND ENFORCEABLE AGREEMENT, AND (5) WITHOUT LIMITING YOUR CONSENT TO OR THE SCOPE OF THIS AGREEMENT OR THE LICENSES GRANTED HEREIN, OR ANY FUTURE GRANT OF RIGHTS, CONSENT, AGREEMENTS, ASSIGNMENTS, AND WAIVERS YOU MAKE WITH RESPECT THERETO, YOU HEREBY RATIFY ANY PRIOR GRANT OF RIGHTS, CONSENTS, AGREEMENTS, ASSIGNMENTS AND WAIVERS MADE BY YOU.\r\n\r\n"/>
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<string name="Text56" value="#e(C) 2006 Nexon America, Inc.-- All Rights Reserved#n\r\n\r\n"/>
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<string name="Text57" value="#eUpdated: March 6, 2008#n\r\n\r\n"/>
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</imgdir>
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<imgdir name="Version">
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<int name="Number" value="2"/>
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</imgdir>
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</imgdir>
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