End-User License Agreement (“Agreement”)

PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING KURTZPEL (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY KOG CO., LTD, LOCATED AT 14F , GYOBO BLDG., 586, GUKCHAEBOSANG-RO, JUNG-GU, DAEGU, REPUBLIC OF KOREA AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “KOG”).

YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.

IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and KOG shall not grant to you the License (defined below) to the Game Software.

LIMITED USE LICENSE
The term “Game Software” comprises the software included in KurtzPel, any associated media, content, assets and any software associated with KurtzPel (subject to any additional terms of use applicable), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. KOG grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by KOG and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.

OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by KOG or its licensors.

The Game Software is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, Korean and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software may contain certain materials licensed by KOG from others, and KOG and KOG’s licensors will protect their rights in the event of any violation of this Agreement.

LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:

  • (a) without written permission from KOG, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
  • (b) without a separate, additional license from KOG, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
  • (c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by KOG in writing;
  • (d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
  • (e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of KOG. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game Software media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.
  • (f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of KOG and/or its licensors on creation, in any event);
  • (g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
  • (h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
  • (i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
  • (j) create data or executable programs that mimic data or functionality in the Game Software.

Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.

GAME SOFTWARE UPDATES AND PATCHES
KOG may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. KOG may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to KOG the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.

LIMITED WARRANTY
THE SOFTWARE AND SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting any of the foregoing, KOG does not ensure continuous, error-free, secure or virus-free operation of the KOG Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.

LIMITATIONS ON DAMAGES
IN NO EVENT SHALL KOG OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF KOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL KOG OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. KOG’S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

PRIVACY POLICY
The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy:

ONLINE PRIVACY POLICY
KOG and its affiliated companies (“KOG”, the “Companies,” “we,” “us”) offer this website (the “Site”) and all site-related services and products, including, without limitation, massively multiplayer online role-playing and multiplayer online casual games (the “Service”) solely for playing purposes. Our foremost goal is to create and maintain measures to protect the privacy of our customers. Customer satisfaction is a great priority for us and we realize that our success is dependent on respecting our customers’ rights.

KOG respects the privacy of all visitors who visit the Site and use the Service. However, we may collect certain information from visitors. This Privacy Policy governs your interaction with the site and your registration for and use of the Service. Except as set forth within this Privacy Policy and our Terms of Use and End User License Agreement or other published guidelines, we do not release personally identifiable information about users without their permission. By using the Service, you imply your acceptance to this Privacy Policy, our Terms of Use, End User License Agreement, and other KOG rules, policies, notices, agreements, and guidelines.

KOG reserves the right to change its privacy policies as needed. If there any material changes to this Privacy Policy, they will be posted on the Service and/or in an updated Privacy Policy. Customer usage of our Service after the changes will be understood as your acceptance of the changes.

The Company may gather the following types of information from the users:

A. Personal information provided by you on a voluntary basis.

You may visit the site without providing us with any personally identifiable information. However, if you sign up for an account or send us an e-mail, we require that you provide us with certain personally identifiable information. If you make purchases in connection with your use of the Service, you will be required to provide us with your credit card information (including a valid credit card number, expiration date, and shipping and billing addresses). You will be notified each time your personally identifiable information will be collected by a third party payment service (or other third party). If you do not wish to provide your personally identifiable information to any such third party, you may choose to not provide your information at that time. This Privacy Policy itself serves as notice to you that we collect personally identifiable information at certain times during your use of the Service.

B. Non-personal information.

Other than the personal information, when you use the Service, we may collect information telling us which pages of the Service you visit, the order in which you visit them and which hyperlinks you “click.” Collecting such information can involve logging your IP address (i.e., the unique number assigned to your server or Internet Service Provider (“ISP”)), your MAC address, operating system specifications, identification of your hard drives, other storage devices, and browser software used to access the Service. We reserve the right to scan and obtain information from your computer, software, and parts or portions thereof, including, but not limited to, your computer’s random access memory, video card, central processing unit, hard drive(s), and any other storage devices in order to assist our efforts in policing users who may implement programs and/or scripts used to develop and/or use “hacks” and/or “cheats” to gain advantage over other users. The scan shall detect the use of such programs, including, but not limited to, packet editors and cheat engines which are in violation of KOG Terms of Use. These types of information are not generally personally identifiable. We can determine from an IP address your ISP and the geographic location of your point of connectivity. When you sign up for any account, you also are asked to provide us with a username, password, and a Forum name. You must also provide a character name whenever you create a character for your account.

The company uses “cookies” which are the customer identification cards for the computers, or servers, that placed them there. Cookies are only read by the server that placed them, and are unable to create any harmful codes or viruses. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

KOG does not control the actions of our customers. Any information our customers post in a bulletin board, chat room, or the Forum while visiting our games may be used by other users. Any information disclosed will be at your own risk; we are not responsible for information that you choose to disclose on the Service, or for the actions of other users. We reserve the right (but shall have no obligation) to monitor your use of bulletin boards, chat rooms, guest books or other forums.

USE OF THE INFORMATION
When you give us your personal information, you allow us to fulfill your product or service orders (by us or through third parties), alert you to new products or services, features, or enhancements, respond to your questions, and notify you about relevant contests, offers, and other services for your benefit. KOG may combine the personally identifiable information collected from you with data from third parties. We may share the information that we collect from you with our affiliates, advertisers, and other business partners for a variety of purposes, including for the purpose of such parties providing you with advertisements, promotions, marketing materials, or other materials or information related to products and services which might be of interest to you.

KOG may use non-personal information to build a better and more efficient online services by analyzing the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of the Service. KOG also uses non-personally identifiable information for security or debugging purposes, technical support, and protection against user abuse. We use cookies to determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service, and/or the parts of the Service that you choose to access or use. Cookies also allow KOG to serve you better and more efficiently in providing you advertisements in which you may be interested, and to personalize your experience while using the Service (e.g., by “remembering” your username or password). We may provide statistical information based on this non-personally identifiable information or data to advertisers, affiliates, and other current and potential business partners. We may also use this information to inform these parties as to the number of users who have seen and/or clicked on links to their websites. We may also combine your non-personally identifiable information with your personally identifiable information for these purposes and to provide you with “targeted” advertisements.

The personal information you provide may be transferred to, stored, and processed within the location where we maintain facilities and business operations. Transfers to the location will be protected by appropriate safeguards, acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

ILLEGAL ACTIVITIES
We reserve the right to release and/or use all information contained within our databases, access logs, or other records concerning you if you violate our Terms of Use, End User License Agreement or other rules, policies, notices, agreements, or guidelines, or intentionally or unintentionally partake (or are reasonably suspected of engaging) in any illegal activity, including, but not limited to, hacking, even without a subpoena, warrant or other court order, and to release such information in response to court and governmental orders, civil subpoenas, discovery requests and as otherwise required by law, and/or to initiate our own legal proceedings. We cooperate with law enforcement agencies in identifying those who may be using the Service (or any part thereof) for illegal activities. We also reserve the right to report any suspicious or suspected illegal activity to law enforcement individuals or entities.

SERVICE USE RESTRICTION
In the event that the members fall under the following reasons, the company may take proper action and cancel the service contract without prior notice.

  • (a) In the event that false information is registered when applying for or changing membership
  • (b) In the event that the company judges or suspects the member’s information as being stolen or abnormally used
  • (c) In case the information is stolen or interrupted by another person
  • (d) In case of a false representation of an operating personnel, employee, or person in the company
  • (e) In case of business activities using the service without prior consent from the company
  • (f) In case a user exploits bug in a company program or acquires game cash, game items or game money in an abnormal way
  • (g) In case of using a computer program, device, or device not provided or approved by the company to disable technical protection of company services or interfere with the normal operation of the game
  • (h) In case of harassment, intimidation or continuous pain or discomfort to a particular user
  • (i) In case it is judged that it is difficult to view it through normal service use

REMOVING PERSONAL INFORMATION; BUSINESS TRANSFERS
To remove your personal information from KOG databases, please contact our customer service department at privacy@kog.co.kr, and we will use reasonable efforts to comply with your request. However, there may be residual information that will remain within KOG’ databases and other records, which may contain such personally identifiable information. This information will not be used by us for commercial gain. However, we may contact former users of the Service for qualify control and improvement purposes. If we sell or transfer assets or portions of our business or our entire business to our affiliated companies or third parties, user information (whether non-personally identifiable or personally identifiable) may constitute one of the transferred business assets and you hereby agree to all such transfers. In addition, in the event we reorganize, file for bankruptcy, or engage in similar events (whether voluntarily or otherwise), user information (whether non-personally identifiable or personally identifiable) may be transferred to our successors and assigns.

PROMOTIONS, CONTESTS & SWEEPSTAKES
At times, KOG will host or sponsor promotions, contests, sweepstakes, or other third party events and promotions in conjunction with the Service. All policies and regulations for such promotions, contests, or sweepstakes will be posted in conjunction with the applicable, official rules.

WEB SITE LINKS
The site may contain links to other Internet Websites. Unless otherwise explicitly stated, we are not responsible for the actions or the privacy practices or the content of such websites.

YOUR PRIVACY RIGHTS
Customers of KOG who request certain information from the Company regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at:

By email: privacy@kog.co.kr

QUESTIONS OR COMMENTS
Questions or comments regarding this Privacy Policy should be directed to our customer service department at privacy@kog.co.kr

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

TERM AND TERMINATION
Without prejudice to any other rights of KOG, the License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “DISPUTE RESOLUTION,” and “Miscellaneous” shall survive any termination of this License.

INJUNCTION
Because KOG would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that KOG shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

INDEMNITY
You agree to indemnify, defend and hold harmless KOG, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.

DISPUTE RESOLUTION
If a dispute arises between You and KOG, our goal is to provide You with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, You and KOG agree to resolve any claim or controversy at law or in equity that arises from or relates to this Legal Agreement or our service (a “Claim”) in accordance with one of the subsections below.

The Legal Agreement and the relationship between You and KOG shall be governed in all respects by the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.

You agree that KOG is allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.

For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than Ten Thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All Claims you bring against KOG must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. If You file a Claim contrary to this Dispute Resolution Section, KOG may recover attorneys’ fees and costs up to One Thousand U.S. Dollars ($1,000.00 USD), provided that KOG notifies You in writing of the improperly filed Claim and You fail to promptly withdraw the Claim.

AMENDMENTS
KOG reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the website https://kurtzpel.com and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.

MISCELLANEOUS
This Agreement represents the complete agreement between you and KOG concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and KOG (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.

CONTACT US
If you have any questions about this Agreement, You can contact Us: