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End User License Agreement

End User License Agreement

These End User License Agreement (“EULA”) provides terms of use, etc. for Koei Tecmo Games Co., Ltd. (the “Company”) and customers (the “Users”) with respect to the game “DEAD OR ALIVE Xtreme Venus Vacation (title)” (the “Services”) provided by the Company. Users shall be deemed to have agreed upon the EULA through the use of the Services. In addition, if a User is a minor as specified in the laws and regulations of various countries, in place of the User, the person with parental authority or the legal representative of the User shall be deemed to have agreed to the EULA.

All Users that use the Services shall be bound by the EULA and must observe the content of the EULA.

Terms of use and guidelines configured for provision or use of the Services, respectively, as well as various rules or notices (the “Individual Rules”) announced by the Company whenever necessary in addition to the EULA shall constitute one unit with the EULA, and if the content of the Individual Rules and those of the EULA are different, the content of the Individual Rules shall prevail and apply.

Licensing of the Services

The Company shall grant to Users nonexclusive, non-sublicensable, non-assignable, and non-cancellable limited rights to use and display the Services (except for source code and object code) personally, subject to consent to the EULA. Note that the Company shall not grant permission for use of the Services for commercial purpose expressly.

The Services are licensed by the Company to the Users and not sold to the Users.

Prohibitions

  • (1) Upon the use of the Services, the customers must not conduct any of the acts expressly indicated as follows (the “Prohibited Acts”).
    (i) Except for the cases allowed under the Individual Rules, acts of sharing with a third party, or act of assigning, allowing to use, lending or allowing succession, etc. to a third party, of qualifications for use of the Services obtained by registration as User,
    (ii) Acts of providing false information to the Company in use of the Services,
    (iii) Violation of the law, or act that may constitute a violation of the law. Violations of laws shall include infringement or the possibility of infringement of intellectual property rights, etc., property rights and other legal rights of the Company and/or a third party,
    (iv) Disclosure of personal information of a third party, infringement or the possibility of infringement of privacy or portrait rights of a third party. Note that “personal information of a third party” meant here shall be irrespective of whether or not the information is acquired through the use of the Services,
    (v) Except for cases allowed under Individual Rules, acts of assigning, lending or succeeding, etc. to a third party the data or information (including reproduction thereof) obtained through the use of the Services, irrespective of whether such be for charge or for free, as well as acts in attempting these acts, acts implying these acts, or acts to induce these acts, upon judgment of the Company,
    (vi) Acts of the User that obstruct or might obstruct administration of the Services upon judgment of the Company,
    (vii) Act of modification, alteration, or editing by the User of the information, content and copyrighted works indicated in the Services without obtaining the advance approval of the right holders thereof, upon judgment of the Company, or acts judged by the Company to have distributed these again, irrespective of the method. Moreover, acts of publication of methods of the aforementioned modifications, alteration or editing at any place, including the Services or the website of the User itself, irrespective of the method,
    (viii) Act of discrimination or slandering of the Company or a third party, and damaging reputational credibility, as well as act of infringing communication secrets of a third party,
    (ix) Act of posting, disclosing, providing, sending or transmitting, etc. of content that will cause other Users feel disgust, such as slandering, harassment, or obscenity, or that has a possibility thereof,
    (x) Act of intentionally causing disruption or hindrance to the use of the Services by other Users or smooth provision and operation of the Services by the Company, including provision and/or transmission of harmful programs such as computer viruses,
    (xi) Act of using the Services by impersonation of others,
    (xii) When paying use fees in use of the Services, default on payment of the fees,
    (xiii) Should any defect be included in the Services and products of the Company used through the Services, use of the defect for the purpose of having a superior position or any other irregular purpose in use of the Services and applicable products,
    (xiv) Commission of acts that will infringe the rights and interests of other Users or a third party, acts of posting, disclosing, providing, sending or transmitting, etc. of false, forged or fraudulent information that will infringe the relevant rights and interests, or acts outside the acts that have been predicted or allowed reasonably in advance, as methods of use of the Services, in addition to those provided in this Article,
    (xv) Pre-election campaign, election campaign or similar acts, or acts in violation of the Public Offices Election Act,
    (xvi) Acts in relation to politics or religion,
    (xvii) Sales activities or any other act to gain profits, or acts in preparation therefor, or
    (xviii) Any other act determined by the Company to be similar to the Prohibited Acts, and acts that are judged inappropriate by the Company.

  • (2) When the Company reasonably judges that a User has breached the EULA, or that a User has committed the above-mentioned Prohibited Acts, the Company shall have right to carry out any one of the following matters or some of these in combination, with notice or without notice:
    (i) Deletion of items inside the Services or virtual currency, etc. acquired illegally,
    (ii) Reset or change of status or benefits and privileges inside the Service such as illegally acquired levels or scores, etc.,
    (iii) Temporary suspension of the account for the period prescribed by the Company, or
    (iv) Permanent suspension of the account.

    In the case where a Prohibited Act or act of the User is determined by the Company to infringe the rights and interests of the Company or a third party including other Users, or in any other case where any damage is incurred by the Company or a third party arising out of the fact that the act of the User is beyond a scope reasonably predicted or allowed in advance as a method of use of the Services, the relevant User shall assume liability pertaining to the relevant damage based on claims made by the Company or the relevant third party.


Attribution of rights

Intellectual property rights (including any and all rights, including, but not limited to, patent rights, utility model rights, trademark rights, design rights, know-how, trade secrets and copyrights, etc.; the “Intellectual Property Rights”) pertaining to all information, programs, software, trademarks, or trade names included in the Services or technologies overall incidental thereto, and any other rights including rights of use or management authorities, etc. pertaining thereto shall belong to the Company or to specific third parties.

Account

  • (1) The Users shall consent that the Users are only granted the rights to use the account, etc. of the Users in the Services and do not have rights of ownership or any other property rights to accounts, etc.

  • (2) When the Company judges that a User has not used the Services for one (1) year, the Company may delete the account, etc. of the User without notice to the User or without obtaining the approval of the User, and the User shall consent thereto in advance; provided that this shall not apply to virtual currencies purchased by the User for value.

  • (3) The User shall agree not to make any claims or raise lawsuits in relation to the account, etc. against the Company. Those shall include claims based on the theory that the User “possesses” the account, etc., claims that any damage is incurred by the User in its account, etc. due to discontinuation or deletion of the account by the Company, or claims due to unauthorized access by a third party, inability to access the account, etc. or malfunction or defect relating to the account, etc. of the Services.

Virtual currency

  • (1) Users may purchase the virtual currency [V Stone] by the methods and for the amounts specified by the Company. Information such as price, purchase units, limit amount of purchase, validity, etc. of the virtual currency shall be displayed on the purchase screen of the Services.

  • (2) Payment of the purchase price of the virtual currency shall be made by the method designated by the Company.

  • (3) For pay services inside the Services, virtual currency in expressly-indicated numbers must be used, therefore, as of the time when the User approves the use of the relevant pay services, virtual currency shall be consumed.

  • (4) Virtual currency may be used only in the Services except for in cases otherwise indicated expressly by the Company, and may not be used for other game or app. services. In addition, the virtual currency shall have absolutely no value for conversion into cash, and the Users shall have no other rights except for the right to use the virtual currency in accordance with the EULA.

  • (5) Except for the case where to do so is required under the laws and regulations, or where the Company determines it unavoidable, the virtual currency will not be refunded.

  • (6) When the Company suspends, discontinues or cancels the rights of use of the Services of a User under the EULA due to any reason, the virtual currency shall be forfeited. In such instance, no refund for the virtual currency shall be allowed whatsoever.

  • (7) [V Stone] shall be handled as the Prepaid Payment Instruments in accordance with the Payment Services Act of Japan. Other contents purchased by the above-stated Prepaid Payment Instruments method shall not fall under the Prepaid Payment Instruments since provision of products or services is deemed to have been completed at the time of User’s acquisition of the contents.


Rights related to change or termination of the Services

The period of provision of the Services shall be determined at the discretion of the Company. The Company may at its discretion change, suspend, or restrict the use of all or part of the Services, or terminate a part of the Services. In addition, the Company may terminate all of the Services with a 60-day advance announcement.

The Company shall assume absolutely no liability for damage incurred by the User as a result of change, suspension, restriction of use or termination of the Services.

Privacy Policy

The Company shall use the personal information provided by customers for operation of the Services including holding events as to the Services, sending gifts, marketing, etc., and for smooth and appropriate management of the Services.

The Users shall confirm and consent to the fact that the Company may submit records of electronic communications or data (including personal information, email and chat logs) of the Users, for cooperation with legal executive organs of the government, in order to protect Users of the Services and the staff of the Company, to the relevant government organizations, interrogative organs and investigative organs. Other handling of personal information of the customers shall be in accordance with the Privacy Policy of the Company.

Privacy Policy: http://www.koeitecmo.co.jp/privacy_us.html

Non-guarantee of the Services

The Services shall be provided “as is.” Except for in the cases clearly provided in the EULA, the Company shall make no warranty or assume no liability whatsoever with respect to anything such as integrity, accuracy, serviceability, or applicability under the EULA or under the laws, for the following matters:

When a User uses the Services, the server can always be accessed;
Details of the Services conform to the specific objectives of the User;
Specifics of the Services satisfy the desires of a User;
Information presented or disclosed by a User when using the Services will be received by the Company or third parties including other Users;
No bugs or defects or malfunctions exist in the contents of the software or other downloaded by a User through use of the Services;

All or part of the uploaded information will never be eliminated in any case.

The Company shall assume absolutely no responsibility for acts committed or services provided to a User by a third party other than the Company in the use of the Services.

Even in the case where the Company assumes legal liability to a User in relation to the Services, the maximum amount shall not exceed the amount paid by the User to the Company in the most recent single month in relation to the Services.

Principle of self-responsibility of Users

  • (1) The Company requests that the User agree to use the Services at his/her responsibility. Accordingly, if any claim or inquiry is made by a third party in relation to a User’s own act made through use of the Services, the User shall settle and solve this at his/her own expense and responsibility, and shall cause no nuisance or damage to other Users or the Company.

  • (2) If a User has any request, inquiry or claim, etc. concerning acts by other Users, the User shall directly notify the relevant User to that effect and settle and resolve the issue at his/her own expense and responsibility.

  • (3) When a User causes any damage to the Company or a third party including other Users through the use of the Services, the User shall indemnify for the damage at its responsibility and expense.


User support

Questions about the Services or any other inquiries with respect to the Services shall be accepted via the dedicated form designated by the Company. Whether or not an answer to an inquiry is required, the content and timing of the answer shall be determined at the discretion of the Company. Depending on the content of the inquiry or question, the Company may not provide an answer. In addition, the Company shall give absolutely no warranty whatsoever as to the accuracy or usefulness of the answer, or whether the answer meets the purpose of the inquiry or question.

General provisions

  • (1) Governing law and jurisdiction
    The EULA shall be governed by and construed in accordance with the laws of Japan, after excluding rules on conflict of laws. For parties to the EULA, any lawsuit and legal procedure arising out of or in relation to the EULA or the Services shall be subject to the exclusive jurisdiction of Tokyo District Court as court of first instance, in non-cancellable form. If a User loses the above-stated lawsuit, the User shall bear the litigation costs and reasonable lawyer fees incurred by the Company as a result of the relevant lawsuit. If a User uses the Services in another region outside Japan, as long as the laws and regulations of the relevant region are applicable, the User shall assume the responsibility to comply with the relevant laws and regulations. In the event of any dispute, this English version of the EULA shall prevail over any other language versions.

  • (2) Severability
    If any text or provision of the EULA is found invalid or unenforceable by a court that has lawful jurisdiction, such text or provision shall be interpreted to be valid and enforceable only within the scope approved at a maximum by the judgment by the relevant court in the relevant lawsuit, and even in such instance there will be no impact or damage on any other text and provision of the EULA, and such text or provision shall remain fully in effect.

  • (3) Denial of waiver
    Waiver of rights in relation to any conditions or provisions of the EULA by the Company shall not be interpreted as further or continued waiver of rights in relation to the relevant conditions or provisions, or waiver of rights on other conditions or provisions of the EULA, whether such example be single or multiple, irrespective of whether such waiver is by action or by other means. Staffers of the Company at customer response counters, or any other employees that have an opportunity to have contact with the Users are not granted legal authorities by the Company to modify or waive rights to any of the conditions of the EULA.

  • (4) Assignment of rights
    The Company may assign or delegate all or part of the rights and obligations provided in the EULA at its discretion to a third party without notice to users including Users. Rights of the Users shall belong to individuals and shall not be assigned to a third party.

  • (5) Entire agreement
    The EULA constitutes all understandings and agreements between the User and the Company in use of the Services together with the Individual Rules including the Privacy Policy, superseding all prior oral or written exchanges of information with respect to the matters related to the EULA, and contains the final and complete integration thereof.

  • (6) Amendment of the EULA
    The Company may change, revise, add, supplement or delete any conditions of the EULA and the Services at any time at its discretion. The Company shall notify the Users of material changes at its discretion, by the method of email, posting on the official website, or notice inside the Services. Any User that does not approve a change or revision of the EULA and Individual Rules shall be required to communicate with the Company as to deletion of registration of user qualifications and termination of the use of the Services, as well as to perform the prescribed procedures. In such instance, the Company shall have no obligation to refund any moneys including use fees, etc. already paid by the User before that point of time. If the User uses the Services after amendment of the EULA, the Company shall deem that the User has agreed to the amendment of the EULA.


Effective 03 06, 2019

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