“Wo Long: Fallen Dynasty” License Agreement
- (1) All copyright and related intellectual property rights in and to this software program, its update programs and this software program updated by the update programs (collectively the “Product”) are owned by Koei Tecmo Games Co., Ltd. (“Koei Tecmo”) or its licensors.
- (2) The Product is licensed, not sold, for your use. All rights not specifically granted are reserved by Koei Tecmo or its licensors.
- (3) Subject to your consent to this Agreement, Koei Tecmo grants you the non-exclusive, non-transferable and non-sublicensable right to install the Product on only one (1) computer and use the Product solely for your personal use.
- (4) With respect to the Product you have installed on the computer pursuant to section (3) above, you may install the same Product on another computer as long as you completely delete the Product from the first computer.
- (5) Except when you install the Product on the computer under section (3) and (4) above, you may not copy the Product.
When using the Product hereunder, you may not:
- ・except as otherwise expressly provided herein, copy, modify, alter or transfer the Product;
- ・combine the Product with any other software;
- ・rent, lease or otherwise exploit the Product commercially;
- ・transmit or make ready to be transmitted to the public the Product in whole or in part via the internet or any other method without Koei Tecmo’s express written approval;
- ・reverse engineer, derive source code, modify, decompile, disassemble or otherwise analyze the Product;
- ・breach any terms and conditions hereof;
- ・interrupt Koei Tecmo’s smooth operation when you use the Product and contact Koei Tecmo’s customer support set forth in Article 4 below;
- ・cause disadvantage, damage or uncomfortable feelings to other purchasers of the Product or any other third party;
- ・act against public order and good morals;
- ・commit a crime or an illegal act or otherwise violate any laws or regulations;
- ・infringe Koei Tecmo’s reputation, intellectual property rights or other rights or profit;
- ・repeatedly make the same, similar inquiries etc. to Koei Tecmo about the Product;
- ・conduct any other acts that Koei Tecmo deems to be inappropriate;
- ・directly or indirectly, evoke or facilitate any of acts listed in the preceding items;
- ・conduct any act that Koei Tecmo reasonably determines falls under or possibly falls under any of the preceding items;
3.Scope of Warranty and Liability
- (1) If the Product doesn’t work as prescribed in the manual provided by Koei Tecmo and you can’t substantially use the Product due to the cause contributable to Koei Tecmo, Koei Tecmo, at its own discretion, shall allow you to re-download the Product, fix the Product (including distribution of update programs) or refund the price of the Product to you, for sixty (60) days after your purchase with respect to the Product sold for Japan or for ninety (90) days after your purchase with respect to the Product sold for territories other than Japan, as the case may be.
- (2) Section (1) above shall apply only if Koei Tecmo could confirm the record of your purchase of the Product. If Koei Tecmo refunds to you under section (1) above, you shall completely delete the Product from the computer on which the Product is installed.
- (3) Section (1) above shall not apply if the malfunction or the defect of the Product is due to any of followings:
- ・Use of the Product breaching any terms and conditions hereof;
- ・your modification or alteration of the Product or combination of the Product and any other product;
- ・your willful or negligent misuse of the Product or other uses under an abnormal condition of the Product; or
- ・any defect or malfunction of the computer on which the Product is installed or other hardware connected to the computer, or non-conformance of the computer to system requirements or communication environment required for the Product.
- (4) THE PRODUCT IS PROVIDED "AS IS". KOEI TECMO MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE COMPLETENESS, ACCURACY, USEFULNESS, PERFORMANCE, OR APPROPRIATENESS OF THE PRODUCT, INCLUDING, BUT, NOT LIMITED TO, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE AND FREEDOM FROM ANY BUGS AND ANY OTHER DEFECTS.
- (5) Koei Tecmo may at any time modify a part of the Product (including distribution of update programs) without giving prior notice to you. UNDER NO CIRCUMSTANCES SHALL KOEI TECMO BE LIABLE FOR ANY DAMAGES OR LOSS OF PROFIT INCURRED BY YOU ARISING OUT OF SUCH MODIFICATION OF THE PRODUCT.
- (6) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES SHALL KOEI TECMO BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR FUTURE DAMAGES OR LOSS ETC. INCURRED BY YOU ARISING OUT OF USE, UNAVAILABILITY OR DISCONTINUANCE OF THE PRODUCT, EVEN IF KOEI TECMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OR SUCH DAMAGES OR LOSS COULD HAVE BEEN REASONABLY FORESEEN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL KOEI TECMO’S LIABILITY TO YOU HEREUNDER EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT UNLESS IT’S DUE TO OUR WILLFUL MISCONDUCT OR NEGLIGENCE.
You agree and acknowledge that Koei Tecmo shall provide you with customer support for the Product subject to the following terms and conditions:
- ・Koei Tecmo shall provide you with customer support for the Product only for the period of three (3) years from its commercial launch date;
- ・Any inquiries with respect to the Product from you to our customer support division shall be made by a phone call or filling out a web form specified by Koei Tecmo;
- ・Please see the Product’s user manual for the contact of Koei Tecmo’s customer support;
- ・Koei Tecmo shall, at its own discretion, determine whether to answer and what to answer to your inquiry;
- ・We might not answer depending on your inquiry; and
- ・KOEI TECMO MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE COMPLETENESS, ACCURACY, USEFULNESS, PERFORMANCE, OR APPROPRIATENESS OF KOEI TECMO’S ANSWER TO YOUR INQUIRY.
5.Registration for use of the Product
- (1) In order to use the Product, you need to complete the Microsoft registration (including creating a Microsoft account).
- (2) If you haven’t completed the Microsoft registration (including creating a Microsoft account), you need to complete the Microsoft registration (including creating a Microsoft account) accepting Microsoft Services Agreement in order to use the Product.
6.The Internet connection for use of the Product
- (1) When you complete the Microsoft registration set forth in Article 5 above, you shall prepare all necessary hardware/service and bear and pay all necessary charge for internet service provider, communication expense, etc.
- (2) You agree that certain information on your computer will be sent and Koei Tecmo may collect and use such information if you complete the Microsoft registration set forth in Article 5 above.
7.Termination of this Agreement
Koei Tecmo may immediately terminate the license hereunder in case of your breach hereof. In this case, you shall, according to Koei Tecmo’s instructions, delete the Product (including all components and copies thereof) from the computer (including a hard drive or other storage device) on which the Product is installed.
You shall not export, directly or indirectly, the Product in whole or in part in any form, to any country without first obtaining necessary export license or other governmental approval of Japanese government or the relevant country’s government.
- (1) If any provision of this Agreement or part thereof is held to be invalid or unenforceable under any laws or regulations, the remaining provisions hereof shall remain in full force and effect.
- (2) This Agreement shall be governed by the laws of Japan.
- (3) In the event of any dispute, this English version of this Agreement shall prevail over any other language versions.
- (4) Any and all disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.