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Mobile Weapon™: The Journey Begins
END USER LICENSE AGREEMENT
Thank you for your interest in Mobile Weapon: The Journey Begins™, interactive PC game ("Mobile Weapon: The Journey Begins ™" or the "Game"). Mobile Weapon: The Journey Begins™ is developed by TYLER Projects PTE LTD ("TYLER"), a company based in Singapore.
Mobile Weapon: The Journey Begins™ is a single player role playing game. You may play Mobile Weapon: The Journey Begins™ using TYLER's proprietary software (the "Software") that allows you to log into TYLER's computer Server (the "Server") online and make game saves. To play, TYLER requires that you review and agree to the following terms and conditions.
This End User License Agreement ("EULA") describes the terms and conditions under which you may (i) install and use the Game; and (ii) access and use the online features of Mobile Weapon: The Journey Begins™. TYLER may amend this EULA from time to time by posting an amended version at http://www.mobileweapon.net/ep1/eula.php. If you accept this EULA, the then-current version of this EULA shall apply each time you access the Server or play Mobile Weapon: The Journey Begins™.
By clicking the "ACCEPT" button below, and confirming your acceptance by clicking the "CONFIRMED" button (or if you bypass or otherwise disable the "ACCEPT" and/or "CONFIRMED" buttons, and still install, copy, download, access or otherwise use the Software), you accept the terms and conditions in the EULA. If you do not accept the terms and conditions in the EULA, you must click the "DECLINE" button, discontinue use of the Software and not access the Server or use Mobile Weapon: The Journey Begins™.
TYLER does not distribute the Game on sites other than http://www.mobileweapon.net and is not responsible for refunding any fees relating thereto.
- REQUIREMENTS TO PLAY
To play Mobile Weapon: The Journey Begins™, you must: (i) purchase a license to the Software (available with the purchase of a product key from on: The Journey Begins™ website http://www.mobileweapon.net) and download a copy of the Software using the download link provided; (ii) obtain and maintain your own Internet access (Internet access is required to use some features of the Game. TYLER is not responsible for your access to the Internet); and (iii) comply with the EULA.
- YOUR ACCOUNT
You may create one (1) account for each copy of the Software licensed to enable saving on the Server. This feature will only become available upon completion of the game. If you wish to establish another Account, you must obtain another license for the Software (you may be able to do this by purchasing another product key from the web site http://www.mobileweapon.net).
A. Establishing a New Account
You may not share your Account with anyone, or allow anyone other than you personally (or your minor child, if you have registered an Account on behalf of your minor child) to access or use your Account. Joint or shared ownership or use of an Account by more than one user is prohibited.
Accounts may not be used for business purposes. Access to the Server and playing Mobile Weapon: The Journey Begins™ is intended for your personal entertainment, enjoyment and recreation, and not for corporate, business, commercial or income-seeking activities. Business entities and anyone who is acting for or on behalf of a business or for business purposes may not establish an Account, access the Server or play Mobile Weapon: The Journey Begins™. Accessing the Server or using the Game for commercial, business or income-seeking purposes is strictly prohibited.
B. User names and Passwords
You will be asked to select a user name during the registration ("Username"). You may not allow anyone to use your Username to access the Server or play Mobile Weapon: The Journey Begins™.
You are encouraged to use a pseudonym, but you may not choose a name that violates anyone's trademarks, publicity rights or other rights. Acceptance of a pseudonym by the Server does not mean that your chosen pseudonym does not violate anyone's rights. You are responsible for any liability incurred by yourself, TYLER or anyone else due to the pseudonym you choose. TYLER retains the right to reject any pseudonym it determines, in its sole discretion, is unlawful, indecent, obscene or otherwise violates standards of good taste.
You will be asked to select a password during the registration process ("Password"). You may not disclose your Password to anyone or allow anyone to use your Password to access the Server. You are responsible for maintaining the confidentiality of your Password and for any damage, harm, lost or deleted characters, etc. resulting from your disclosure, or allowing the disclosure, of any Password, or from use by any person of your Password. You may not obtain, attempt to obtain, use or attempt to use the password of anyone else. You are responsible for remembering your Account information and Password.
C. Children
i. Responsibility for Account
Minor children may not establish an Account without the consent of a parent or guardian. If the user of Mobile Weapon: The Journey Begins™ is a minor, a parent or guardian must complete the registration process to establish an Account, in which case the parent or guardian takes full responsibility for all obligations under the EULA and for all activities of the child using the Account. If you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account).
If you establish an Account, you represent that you are an adult thirteen (13) years of age or older and are either accepting the EULA on behalf of yourself or on behalf of your child, in which latter case you agree to the EULA with regard to your child and represent that you are also personally bound by the EULA.
ii. Game Rating
Mobile Weapon: The Journey Begins™ has not been rated and contains simulated gambling. Parents may find it inappropriate for use by children under the age of thirteen (13).
TYLER does not knowingly collect any information about children under the age of thirteen (13) beyond that necessary to establish an Account and play the Game. TYLER will not disclose such information to any third party except as set forth below.
- ONLINE TRANSFER
You are not permitted to transfer your account to another person. If you wish to discontinue your account please refer to section 6. of this EULA.
- AMENDMENTS TO EULA
TYLER may, in its sole discretion, amend the EULA from time to time. If the EULA is amended, you will be asked to review the amended EULA when you log into your Account, and to indicate and confirm your acceptance of the amended EULA by clicking the "ACCEPT" and/or "CONFIRMED" buttons.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in the termination section below.
- TERMINATION; SUSPENSION OF ACCOUNT
A. By TYLER for Termination of the Game
TYLER does not guarantee that it will continue to offer access to the Server or support the Game. TYLER may, in its sole discretion, cease to provide any or all of the services offered in connection with Mobile Weapon: The Journey Begins™ (including access to the Server), terminate the EULA, close all Accounts and cancel all of the rights granted to you under the EULA.
TYLER may communicate such termination to you upon 30 days notice in any of the following manners: (i) when you log into your Account; (ii) in a notice on TYLER's website; (iii) via electronic mail; or (iv) in another manner that TYLER deems suitable to inform you of the termination. If TYLER terminates the EULA pursuant to this section, you will not receive a refund of payment for the Software.
B. By TYLER for Breach or Misconduct
i. Suspension of Account
Without limiting TYLER's rights or remedies, TYLER may immediately, and without notice, discontinue or suspend access to the Server through your Account, in the event of (i) a breach of the EULA (including the Rules of Conduct) by you or any user under your Account; or (ii) unauthorized access to the Server or use of the Game by you or any user under your Account.
ii. Termination of EULA
TYLER may terminate the EULA, close your Account, and cancel all rights granted to you under the EULA if: (i) TYLER is unable to verify or authenticate any information you provide; (ii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the Server, or infringes the rights of TYLER or any third party. Such termination shall be effective upon notice transmitted via electronic mail, or any other means reasonably calculated to reach you.
TYLER reserves the right to terminate any and all other Accounts that share the Username, e-mail address, internet protocol address or credit card number with the closed Account. Termination by TYLER under this section shall be without prejudice to or waiver of any and all of TYLER's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative.
C. By You
i. Anytime
You may terminate the EULA with regard to your Account at any time, upon notice to TYLER via electronic mail.
D. Closed Accounts
If for any reason the EULA is terminated with regard to your Account, that Account will be closed, upon which all rights granted to you under the EULA shall terminate with regard to the closed Account, and you may not access the Server and all the attributes of the Account, including characters, items and currency in the Account, will be lost.
If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent playing Mobile Weapon: The Journey Begins™, for the real or projected value of your Account were it to be sold, or for any other compensation, other than a refund of payment for the software under certain circumstances as expressly set forth in the EULA.
Users whose Account has been closed may not access the Server but can continue to play Mobile Weapon: The Journey Begins™.
- PRIVACY AND CONFIDENTIALITY
A. Personal Information
TYLER does not guarantee that personal information transmitted to the Server, including without limitation information in your Account, will not be disclosed to third parties. While TYLER's aim is to keep your personal information confidential and TYLER employs security measures to protect the Server, third parties may unlawfully intercept transmissions or private communications, or access data within the Server. Additionally, TYLER may (and you hereby expressly authorize TYLER to) disclose information about you to private entities, law enforcement or other government officials, as TYLER, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries.
TYLER may monitor usage of the Server to gather statistical information that it may disclose to third parties. TYLER may also contact you using the information you provided to, for example, provide technical support, respond to user inquiries, transmit questionnaires and offer products and services.
- SEIZURE WARNING
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
- LICENSE
A. Software License
Subject to the terms of the EULA, TYLER grants you a limited, non-exclusive, revocable license to use the Software and its accompanying documentation solely to play Mobile Weapon: The Journey Begins™.
For each product key you purchase, you may install a copy of the Software on, and access the Server from, a single computer or Game platform, and from a secondary computer if you so choose. You must purchase a separate license to the Software for each additional Account you register; e.g., if you have 2 Accounts, you must have 2 licensed copies of the Software. You may not use more than one Account with a single licensed copy of the Software. You may make one (1) copy of the Software for backup or archival purposes.
B. License to Access the Server to Play the Game
Upon establishing a valid Account, and subject to your continued compliance with the EULA, TYLER grants you a limited, non-exclusive, revocable license to access the Server, and use the Game, in order to play Mobile Weapon: The Journey Begins™. You may download (and, to the extent permitted by the Server, make a single copy for your own purposes in playing the Game in a manner consistent with, the EULA.
C. Specific Restrictions
Any and all rights not expressly granted by TYLER herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You may not intercept for any purpose other than playing Mobile Weapon: The Journey Begins™ in accordance with the EULA any information accessible through the Server. You may not access the Server or upload, download or use information accessible through the Server, other than as permitted by the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Software or any documentation accompanying the Software. You may not transfer the Software, except as part of a permitted Account Transfer as described above, if permitted by the EULA then in effect. If the Software is an update, any transfer must include the update and all prior revisions.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sub license or transfer any information accessible through the Server, including without limitation, any part of the Game Content, or any item, object or character in your Account, except that, solely to the extent permitted by the Server, you may modify certain Game Content only for your own purposes in playing the Game.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Software, or from any information accessible through the Server (including, without limitation, data packets transmitted to and from the Server over the Internet), or anything incorporated therein, or analyze, decipher, "sniff" or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the Server, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the Software and/or the Server contains license management technology, you may not circumvent or disable that technology.
D. Software Updates
TYLER may from time to time update or otherwise modify the Software electronically. You hereby grant TYLER permission to: (i) extract hardware system profile data from your computer; (ii) extract information from your computer's file directories pertaining to the Game and your ability to access the Server; (iii) download to your computer content and Game files and any data related to the operation of the Game. The foregoing applies to any computer from which you log into the Server using your Account.
E. New Releases of the Software
You are not entitled to receive any new releases of the Software, or any expansion packs, updates, upgrades or similar products under the EULA, but TYLER may, in its sole discretion, offer any or all of the foregoing to you.
TYLER may update, upgrade or otherwise enhance the Software at any time, in its sole discretion, without obligation to you. Periodically, TYLER will require all users to migrate to new releases of the Software in order to continue accessing the Server and playing Mobile Weapon: The Journey Begins™. You will be informed when a new release is available and will have a period of time in which to procure and install the new release. You must install and use the new release before the period of time has lapsed to continue accessing the Server and playing Mobile Weapon: The Journey Begins™. If you fail to install the new release when required, TYLER shall not be responsible in any way for your inability to access the Server or play Mobile Weapon: The Journey Begins™, and you shall not be entitled to receive a refund of payment for the Software.
- PROPRIETARY RIGHTS
A. Ownership of Software, Server and Game
As between you and TYLER, TYLER is the sole and exclusive owner of the Software, Server, Game and Game Content (as defined below). The Software, Server, Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. TYLER reserves all rights not expressly granted herein.
The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, currency, objects and attributes comprising or associated with a character or an Account), graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the Server (collectively, the "Game Content"). TYLER, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Software, Server, Game and all Game Content, and no rights thereto are transferred to you, except for the limited license granted above.
B. Rights to Certain Content
You have no interest in the value of your time spent playing the Game, for example, by the building up of the experience level of your character and the items your character accumulates during your time playing the Game. Your Account, and all attributes of your Account, including all actions, titles and characters, objects, currency and items acquired as a result of play, are the sole and exclusive property of TYLER, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.
Without limiting its rights in any way, and subject to the other terms of the EULA, TYLER shall have the right to display and publish any information (except certain personal information in your Account) relating to any character in your Account, for example, in charts, lists and other compilations, without notice or any compensation to you whatsoever.
You hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to TYLER any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload to the Server or while playing the Game, including without limitation all files, data and information comprising or manifesting corporations, groups, titles, characters and other attributes of your Account, together with all objects and items acquired or developed by, or delivered by or to characters, in your Account. To the extent that any such rights are not assignable, you hereby grant TYLER an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed. The foregoing assignment and license in this paragraph shall not include User Content (defined below).
- NO WARRANTIES
The Software, Server, Game and all Game Content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing the Server and playing the Game.
TYLER disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Game. TYLER does not warrant that the operation of the Server or your access to the Server, or that your use of the Software, will be uninterrupted or error-free, nor that the Server or Software will be compatible with your hardware and software.
While TYLER attempts to have the Server available at most times, TYLER does not guarantee that the Server will always be available, or that the Server will not become unavailable during game play. The Server may become unavailable for a number of reasons, including without limitation during the performance of maintenance to the Server, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures.
- DISCLAIMER OF DAMAGES
In no event shall TYLER, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your Account, the Server, Software, Game, Game Content, User Content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not TYLER is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
- LIMITATION OF LIABILITY
Except as set forth below, TYLER's maximum liability for any and all claims arising out of or in connection with your Account, the Software, Server, Game, Game Content, User Content, EULA, and any other services or materials provided in connection therewith, shall not exceed an amount equal to the amount paid for the Software.
In the event of a material breach of TYLER's obligations to provide access to and use of your Account, the Server, Game, Game Content, your sole and exclusive remedy shall be a replacement download of the Software. In the event of a malfunction of or your inability to use the Software, your sole and exclusive remedy shall be a replacement download from the vendor that provided the download in accordance with its replacement policy.
If any of the foregoing disclaimers or limitations of liability are declared to be void or unenforceable, then TYLER's liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.
- INDEMNITY
You shall defend, indemnify and hold harmless TYLER and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Software; (ii) your access to the Server; (iii) any activities conducted through your Account (whether by you or another person); and (iv) your playing of the Game.
- GOVERNING LAW AND EXCLUSIVE FORUM
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the Republic of Singapore, without regard to principals of conflict of laws.
- MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the Server, use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the Server or the Software except in full compliance with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void. The EULA may be amended by TYLER from time to time, sets forth the entire understanding and agreement between TYLER and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, the EULA may not be modified or amended. No distributor, agent or employee of TYLER is authorized to make any modifications or additions to the EULA.
All notices to TYLER required or permitted by the EULA shall be by electronic mail at support@mobileweapon.net, unless stated otherwise in the EULA.
Updated January 27, 2007
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