The Purchaser, by installing all or any portion of the Software on the Purchaser’s system, or using the Software through other access means authorized by the Licensor, will be deemed to have read, fully understood and to have expressly agreed to the terms of the Agreement, and this Agreement will become immediately valid and effective.2. [Open-Source Software used in this Software and Copyright Policy Compliance ]
B.The Licensor is in compliance with all terms and conditions of the licenses of the open-source software used in the Software, and the Purchaser must comply with such terms and conditions.3. [Rights of this Software]
A.The copyrights for this Software product are protected by copyrights laws, Universal Copyright Convention, and other relevant laws and regulations, of which all rights thereby are reserved by the Licensor.
B.The license granted to the Purchaser under this Agreement is limited to the license to use this Software subject to the defined scope and terms of this Agreement and not the copyright to the Software.4. [Rights, Representations and Warranties for Open-Source Software included in this Software]
A.The Licensor holds the editorial copyrights or other similar rights to the open-source software included in the Software or the portion of the Software that was created by the Licensor using the open-source software where the Licensor chose such open-source software and put together or compiled its versions.
B.The Licensor does not guarantee or warrant as to the function, fitness for purpose, or no defect of the open-source software included in this Software. The Licensor is not responsible for any defects or incompleteness created in the process of compiling open-source software with the Software unless such were perceived or intended by the Licensor.5. [Grant of Rights and Scope]
A.The Licensor grants the Purchaser the right to install the Software and use the Software non-exclusively (the “Right”). The Right is limited, non-exclusive, and cannot be transferred or collateralized.
B.Both parties shall agree on each items provided below, prepare an electronic or written ‘certificate of license’ separate from this Agreement, and issued to the Purchaser included in the product package of the Software or sent to the Purchaser through electronic mail. The Purchaser acknowledges that the Purchaser is permitted to install or use the Software within the scope provided in the ‘certificate of license’, and agrees to adhere to and keep the ‘certificate of license’.
The Purchaser must, by mutual agreement of the Licensor, acquire additional licenses upon any of the following:
①Use of the Software through dispersion or separation of the devices specified on the ‘certificate of license’, or virtualization without prior agreement
②Installation or use outside of places specified on the ‘certificate of license’
③Installation or use after the expiry of the period of use specified on the ‘certificate of license’
④Other instances of use of the Software by the Purchaser that is outside of the scope of use specified on the ‘certificate of licenses’7. [Restrictions]
All rights to the Software is reserved by the Licensor, and only the Licensor has the right to grant the license to use. The Purchaser must comply with the restrictions set forth below.
A.Only one copy is permitted to be made in preparation for loss or damage to the Software and any copying or reproduction in excess of the foregoing is deemed an infringement of the copyright. Copy must not be installed or used on a computer and must be stored in the form of a CD-ROM, and such copy must not be provided or loaned to a third party.
B.Except as permitted under relevant laws and regulations, the Software must not be modified, decompiled, reverse engineered, extracted, separated or partially used. Deletion, modification or concealment of the intellectual property rights notices or use of the Software for any purpose other than the originally intended purpose for the product is prohibited.
C.The Purchaser does not hold any rights to the Software other than those permitted under this Agreement.
D.Except as provided under this Agreement, the Purchaser may not transfer, lease or permit a third party to reuse, or provided the rights granted under this Agreement as a collateral to a third party. In case of transfer, lease or collateralization of the system on which the Software is installed (including business transfer, merger or spin-off), the Licensor must be given advance notice so that the Licensor may enter into a new use agreement with the transferee.
E.The Purchaser may not use the trade name, trade mark, service mark, mark or logo of the Licensor and must not act or indicate as being in a special relationship with the Licensor.8. [Investigation]
The Licensor may request in writing the Purchaser to confirm matters necessary to verify whether the Purchaser’s use of the Software is within and in accord with the scope and the terms and conditions of the Agreement and the ‘certificate of license’, and the Purchaser must fully cooperate with such request.9. [Limited Warranty ]
The warranties provided by the Licensor for the Software is as follows.
A.Physical Warranties: The Licensor’s liability for physical damage to the medium (CD-ROM) on which the Software is provided, or installation failure is limited to re-installation or refund of the price paid by the Purchaser at the time of the purchase of the Software of which is borne by the seller or the retailer who the Purchaser purchased the Software from, provided such warranty shall not extend if the physical damage or installation failure is attributable to the fault responsible by the Purchaser, or such occurs past seven (7) days from the date of purchase.
B.Warranties for the Software: The Software is provided “As Is” basis in a potentially faulty condition. Therefore, it is not warrantied that the product would be bug free, flawless and complete without error, or all bugs can be resolved without causing any disruption to the product or the application programs built in on the product, or the Software will not be stopped or halted while it is running, or that there would be no need to change the hardware, data or operating environment during the maintenance or upgrade. The Licensor does not warrant and is not liable for the operability, bug, commercial usefulness, fitness or legitimacy for a specific purpose intended by the Purchaser, compatibility or integration with other software, stability, etc. The Licensor’s liability is limited to reinstallation or refund of the price paid upon purchase of the Software to the Purchaser. The same shall apply even if the implied warranty for the product is acknowledged under relevant laws and regulations.10. [Limitation of Damages]
A.The Licensor’s liability for damages (loss of profits and sales loss of business opportunities, loss of data, loss due to lost information and data, etc. occuring in the process of installation, operation, maintenance of the product) suffered by the Purchaser from purchase or use of the Software shall be limited to the price paid by the Purchaser for purchase of the Software.
B.The Licensor is not liable for any special, indirect, consequential, incidental or punitive damages suffered by the Purchaser or a third party. Even in the case the Licensor is found liable for damages under relevant laws and regulations, the amount of compensation for damages will be limited to price paid for purchase of the Software by the Software.11. [Relationship with Third Party Product or Service]
A.This Software is permitted to be accessed or operated in conjunction with products or services provided by a third party (collectively “Third Party Service). However, the products, contents of the service and other relevant information provided on Third Party Service have nothing to do with the Purchaser, and the terms of such provision is determined by the third party. All liability arising in connection with access to and operation in conjunction with Third Party Service will be borne by the entity providing such Third Party Service and the Licensor is not held liable.
B.Even if Third Party Service is included in the Software and provided to the Purchaser by the Licensor, the release of Licensor’s liability provided in the foregoing paragraph shall be applied and the Licensor shall not be responsible for any repair of defects or maintenance for Third Party Service.12. [Notices of Licensor]
The Licensor hereby provides express notice that the Licensor has executed this Agreement on the premise and subject to the Purchaser’s thorough understanding and agreement of limited warranties and liabilities provided in Article 6 through 8, and if the Purchaser does not agree to such provision, the Licensor has no intention to execute this Agreement.13. [Effect and Modification of Agreement]
This Agreement is the complete and final agreement between the Licensor and the Purchaser in connection with the Software and supersedes any other prior representations, discussions, agreement, correspondence or advertisements.14. [Customer Support]
A.he Licensor may directly or through a partner company, provide customer support of Software installation, customer service, A/S etc., and while some of these services are offered for a fee, it may also be included in the scope of service provided to type of licenses in the form of an annual subscription. Detailed information on customer support can be found on the Licensor’s internet homepage or on a guide separately distributed to the Purchaser.
B.If customer support is carried out by a partner company and not the Licensor, details on such customer support will be governed by the separate agreement executed by and between the Purchaser and the partner company, and liability for such customer support is borne entirely by the partner company and the Licensor will not be liable.
C.The Licensor may use the personal information or the information on purchase of the Purchaser and provide such information to the partner company.15. [Repair and Maintenance]
A.The repair and maintenance of the Software is performed directly by the Licensor or through the partner company in charge of the territory in which the Purchaser purchased the Software, and although the Purchaser pays fees for repair and maintenance, it may also be included in the scope of service provided to type of licenses in the form of an annual subscription.
C.Expiry of repair and maintenance period for the Software may be separately notified on the internet homepage of the Licensor or affiliated entity or the partner company located within the country of purchase to whom the Purchaser delegated such authority. The Licensor may notify the Purchaser of repair and maintenance expiration by electronic mail, or by providing notice on internet homepage, etc.
D.he open-source software included in the Software is not subject to the Licensor’s customer support and repair and maintenance. In other words, if the open-source software included in the Software installation is modified or upgraded to another version, the Licensor does not provide customer service or the repair and maintenance for such open-source software.16. [Copyrights of Others]
With respect to the copyrights of others included in the Software (program, characters, image, photo, animation, video, audio, music, texts, etc.), the license is granted only to the extent of the permitted scope of use for the Software and all rights to such works are reserved to the original copyright holder.17. [Termination]
This Agreement is valid until the termination of period of use. Provided however, if the Purchaser breaches this Agreement, the period of use under this Agreement shall be terminated immediately even in the absence of the Licensor’s notice for such termination, and the Purchaser must immediately stop using the Software and delete or destroy the Software and any copies thereof.18. [Dispute Resolution]
A.The interpretation of this Agreement and dispute related to the relationship under the Agreement shall be governed by the laws of the Republic of Korea with international treaties on computer programs and protection of copyrights and business customs used as supplementary standards of interpretation.
B.Even if any provisions under this Agreement is found invalid, the remainder of this Agreement shall remain valid. However, if excluding any such provisions found invalid above renders attainment of the purpose of this Agreement, this Agreement shall be immediately terminated.19. [Amendment of Agreement]
The contents of this Agreement may be amended, and such amended Agreement shall become effective upon the Licensor’s individual notice, or notice on the internet homepage of the Licensor or confirmation of agreement upon upgrade of the Software, etc.20. [Delegation of Authority]
The Licensor may delegate its authority or exercise its rights and obligations through local entities or partner company in charge of product sales or repair and maintenance in the territory or country where the Software was sold or installed in order to effectively exercise the Licensor’s rights and obligations under this Agreement.THE PURCHASER FULLY UNDERSTANDS AND AGREES TO THE ABOVE.