"GunZ The Duel: International Edition" License Agreement Chapter 1: GENERAL RULES Article 1 Purpose This Agreement stipulates the conditions and procedures for using the Internet online game service named 'GunZ The Duel: International Edition'(referred to as 'GunZ'), which has been developed and is provided by MAIET entertainment, Inc. (referred to as Company). Article 2 Validity and Amendment of the Agreement This Agreement takes effect once the user logs on to the homepage of the game (www.gunzonline.com) and subsequently clicks the button saying In consent to the Agreement. This Agreement is subject to change in the event of an appropriate reason for change. Any changes made to an important provision with regards to the rights and obligations of the users of the game service shall take effect seven (7) days after the announcement of such a change is made. Article 3 Definitions of Terms 1. Users: Users hereinafter refer to those individual customers (hereinafter referred to as Individual) or Internet cafe operators (hereinafter referred to as Operator) who are provided an ID and password after signing an agreement with the Company to use this service. 2. Service: Service refers to the Internet game provided through the Internet. 3. Agreement of Use: Agreement of use refers to the agreement that customers sign with the Company in order to use the service. 4. Account: Account refers to the combination of characters and numbers, including the ID, that the users determine, and the Company approves of, for the purpose of managing general and game information. 5. Password: Password refers to the combination of characters and figures that the customer determines for use in confirming the users, and protecting their rights and interests. 6. Central Bank: Central Bank refers to the menu that temporarily stores cash items that the user uses to make payments. Chapter 2: Signing the Agreement Article 4 Establishment of the Agreement and the Unit This Agreement is established on the unit of account once an applicant agrees to the Agreement of the GUNZ, and once the Company approves said application. Article 5 Application and Approval 1. An individual or operator shall make an application under ones real name on order to utilize the service. 2. The application for the pay service shall be approved after the real name of the application is confirmed and after fee payment is confirmed as having been made. Details to be approved shall be notified, and include, but are not limited to, the information on the date when the service will be provided, the type of service, the amount to be paid, and customer account information. Article 6 Approval for the Application 1. The Company reserves the right to approve the application, retract an approval after it is made, and thereafter retrieve or delete the relevant account in the event of the following: 1) Where the applicant or user utilized or appropriated the name of another person to make an application or pay the pay service fee. 2) Where the applicant or user fails to pay the pay service fee, or where confirmation of the identity of they who made said payment is not possible. 3) Where it is determined that the application cannot be approved for reasons attributable to the applicant. 2. The Company reserves the right to restrict approval in the event of any of the following circumstances, until and unless said circumstances cease to exist: 1) where a lack of service facilities renders the provision of good service not possible; 2) where the service has confronted problems; 3) where the user or applicant terminates the Agreement during the same month in which said user makes a reapplication. 3. Notwithstanding Article 6.2.3, in the event approval is delayed for reasons attributable to the customer, this period shall not be counted as one in which the service has been provided. Therefore, the Company shall neither charge any fees until such time as the service has been provided, nor make compensation for any delay of service launch. Chapter 3: Obligations of the Parties of Contract Article 7 Obligations of the Company 1. In the event of problems identified in the terms of service, the Company shall quickly act to resolve said problem. If said resolution is difficult to achieve, the Company shall notify the user by email, outlining the reasons for any delays in resolving the problem, and a trouble shooting schedule 2. The Company shall not use or divulge to any third party any information acquired from the user for purposes other than those pertaining to direct communication between the Company and user in the absence of advance consent from the user for any other use. Notwithstanding this, information shall be utilized and/or divulged to relevant third parties if required to conduct an investigation based on related laws and regulations. 3. The Company endeavors to make it clear that it shall comply with the policy of protecting its users privacy and private information. Article 8 Obligations of the User 1. The user shall notify the Company immediately of any change to personal information. In the event the user effects registration using information of a third person, he or she shall not be eligible for any protection from the Company. 2. The user shall not commit any activities that may harm the well-being of the public or disrupt the order or social and public morals. 3. The user shall not improperly utilize the user account of another person. 4. Unless it is allowed by the Company, the user shall not utilize the service for activities to make profit. 5. The user shall comply with the provisions of this Agreement and related laws and regulations and he or she shall not be involved in any activities that may pose obstacle to the provision of the service. Chapter 4: Utilization of the Service Article 9 Launch of the Service and its Extension 1. The contract to use the pay item service shall be signed and remain valid for the period of time based on the charge system determination. One day of the contractual period refers to 24 hours from the time the settlement is made. 2. In the event no period is defined for the item sold, the contract shall remain valid for at least one year from the time it is signed. Article 10 Number of Hours allowed for Service Use 1. In principle, the service shall be provided 24 hours a day, 365 days per year. However, the Company may stop providing the service in the event of repair, maintenance, or equipment replacement needs, maintenance needs of other information and communication facilities, or in the event the system breaks down, communication is disconnected, where it becomes necessary to make regular checks, or for any other purposes required for effective operation. 2. In the event it is necessary to provide such maintenance or repair services, the Company shall conduct a regular check. The times for such regular checks shall be announced in advance on the homepage referred to herein. Article 11 User Account and ID 1. The Company shall manage the user account and ID in order to protect the information of the user, and to provide information or other convenient services to them. The user shall not be permitted to change or modify the user account on his/her own accord. 2. The user shall be held responsible for any damage the user suffers as a result of not heeding warnings or advice of the management regarding his or her user account, or of any unjust use of the account by a third party. The Company shall not be held responsible for damage or loss arising out of any said circumstances. 3. The Company may initialize information of the account used during the 'Test' period. Article 12 Service Account and Password 1. The user shall bear full responsibility for the management of his/her account and password. The user shall take full responsibility for any damage caused by a third party who utilizes the users account, be it authorized or unauthorized. The Company shall bear no responsibility for damage or loss under said circumstances. 2. An ID registered in one single account may not gain simultaneous access. Article 13 Restriction of the Utilization of Service 1. The Company may restrict the use of the service, or take other measures, such as, but not limited to, the suspension or deletion (retrieval) of the ID in the event that the user: 1) unrightfully utilizes the personal information, ID, password and/or other information of another person; 2) uses indecent language or makes insulting remarks despite receiving a warning to refrain from doing so; 3) is engaged in promotional or sales activities in order to profit from the service or the web site; 4) acts in such a way as may be likely to hinder the service; 5) poses a physical or mental threat to the safety and comfort of others, such as, but not limited to, teasing another (specific) user; 6) misrepresents oneself as the GM or as an employee of the Company; 7) modifies client programs of the 'GUNZ' or hacks the server, and/or alters part or whole of the web site without securing prior admission therein, and permission thereto, from the Company; 8) reveals or sells personal information of another person, or any other information in violation of relevant privacy protection rules; 9) forms informal groups to the exclusion of others based on race, gender, religion, or any other cultural or social prejudice; 10) transfers or sells ones account to a third party; 11) sells an item obtained from the service; 12) misuses, or takes advantage of, a bug in the program; 13) inserts or applies any content to the game or website that may infringe upon the copyright of a third party; 14) deliberately causes confusion among other users by creating an ID similar to that of the game operator; 15) employs insulting, degrading, or offensive language, or any language which is likely to remind other users of insulting, degrading, or offensive language, in the formation of his/her ID. Article 14 Release of the Restriction of Use The Company will release the restriction of use on a user in the event the reason the restriction was place ceases to exist, and/or where no reason to apply restrictions exist. Notwithstanding, the Company assumes no obligation to do so. Article 15 Addition to, or Changes of, Details of the Service 1. The Company reserves the right, but is not obliged, to commission the provision of the service to a third party where the users are likely to benefit from such a commissioning. 2. The Company reserves the right to change the details of the service in part or in whole in order to improve the service or otherwise troubleshoot. In such an event, the Company bears no obligation to make notification thereof to the users. Article 16 Restriction or Suspension of the Service 1. The Company may cease the provision of service in the event of a request from authorities in the country in which the user resides. 2. The Company may restrict or suspend part or whole of the service without advance notice in the event of natural disaster, emergency, declaration of a state of emergency, or any other case of force de majeure. Chapter 5: Changes to the Details, or Termination, of the Contract Article 17 Change to the Details of the Contract The user shall notify the Company of any change to his/her address, or details pertaining to the agreement between the user and Company in line with the terms and conditions of the Agreement herein. Article 18 Termination of the Agreement or its Service Utilization 1. In the event of the following circumstances below, the Company shall regard the user as not intending to utilize the service any longer. In such an event, the Company reserves the right to change or delete all said users account information. The calculation of the period of non-usage begins from when the users account was last logged out of. 1) The account has not been connected to for a six-month period at a time when its best character is in level 5 or lower. 2) The account has not made any connection at all for a period of twelve months. Chapter 6: Refund and Damage Compensation Article 19 Refund of the Pay Service Charge 1. No refund shall be made for an item transferred from the 'Central Bank' menu within the game to the character inventory menu of the user. 2. Upon receiving a request to suspend or terminate the service by a user or applicant, the Company shall pay the refund of the fee on the appropriate date of settlement. 3. Upon receiving such a refund request from a user, the Company shall make said refund of the amount after deducting the settlement fee charged by a third company providing settlement services. 4. In the event of miscalculation of amounts paid and the resultant delay of registration, the Company shall bear no responsibility for any damage or loss incurred by the user. Article 20 Damage Compensation 1. As per the service provided free of charge, the Company shall bear no responsibility for loss or damage other than that incurred due to privacy information protection. 2. In the event that the service is not provided for five hours or more for any reason attributable to the Company, the Company shall bear responsibility for said circumstances by, and only by, extending the period of service by an amount of time equivalent to three times the period during which the service was suspended or not operational. 3. The point from which calculation of service suspension or trouble is made is taken as the point when the user notifies the Company of any such said trouble. However, in the event the service is suspended, or trouble breaks out, due to an act of the user, be it accidental or purposeful, or due to force de majeure (natural disaster, etc), or for the repair of a circuit or regular maintenance (after the Company has made prior notice as previously described herein), such disruption of service shall not be refunded in any way and not considered a non-provision of service for the purposes of reparation. 4. In the event the user causes any damage to the Company by failing to observe his/her obligations set forth in the Agreement herein, or in the process of using the service, the user shall make compensation for any loss or damage incurred by Company. Article 21 Escape Clause 1. The Company shall not bear responsibility for the provision of service in the event it does not provide the service due to force de majeure such as natural disaster, war, or any other similar situation. 2. The Company shall not be held responsible for any loss or damage resulting from the suspension or disruption of power supply from the utilities provider. 3. The Company shall not be held responsible for loss or damage resulting from any inevitability, such as, but not limited to, the repair/replacement of facilities required to provide service, regular checks, or construction. 4. The Company shall not be held responsible for usage problems or damage caused by actions attributable to the user. 5. The Company shall not be held responsible for loss or damage created by the users computer problems, or any loss or damage caused by the fact that the user did not fully provide his/her private information. 6. The Company shall not be held responsible for information, data, or details that the users write on the service, nor for its reliability or accuracy. 7. The Company shall not be held responsible for any loss or damage the user may suffer, or lack of profit that he/she failed to obtain, betraying his/her expectation. 8. The Company shall not be held responsible for any loss or damage to cyber assets (bounty), level, or experience loss that the member has gained in the game. 9. The Company shall not be held responsible for any loss or damage that the user suffers from data that the user gained while using the service. The Company shall not be held responsible for any mental or physical loss or damage the user suffers due to the action/s of any other member/s. 10. The Company shall not be held responsible for intervening in a dispute between users, or between the user and another third party, nor shall it be held responsible for making compensation for any loss or damage resulting from it. 11. The Company shall not be held responsible for any loss or damage resulting from services that it provides to users free of charge. 12. In the event the member becomes unable to provide services due to restrictive measures taken by authorities in the country in which said member resides, the Company shall not be held responsible for any loss or damage incurred, nor shall it be required to offer a refund. Article 22 Competent Jurisdiction Any conflict arising out of, or related to, the utilization of the service shall be resolved at a competent court in charge of such cases, in accordance with the Civil Litigation Act of Korea. The laws of the Republic of Korea shall be applied to the litigation filed by a user against the Company, and vice versa. Additional Rules The Agreement made herein shall go into effect from June 1, 2005.
Gunz : the Duel license agreement