This Agreement shall be a document entered into by and between you as a natural person — lawful buyer of a software copy (hereinafter referred to as the “User”) and Innova Co. S.à r.l. (hereinafter referred to as the “Innova”) in relation to the “Game Client” software as defined in Section 1 below (hereinafter referred to as the “Client”). By installing (copying into computer memory) the Client or otherwise lawfully using the Program, you hereby assume the provisions hereof. The provisions hereof may be accepted by you only in corpore, without any reserves.
By accepting the provisions hereof, you confirm that you are legally capable and authorized to enter into this Agreement. You hereby warrant that any equipment and communication facilities you use, including the services of a service provider you use are sufficient and intact for using the Client.
If you disagree to the provisions hereof, please decline to continue the procedure of installation (copying) by clicking the Cancel/No button.
1.1. In this Agreement, the following terms shall be applied:
“Game” means a multi-user Online Role-Playing Game Lineage 2 (version “Classic”) that represents an aggregate of software and databases including the Game Client which shall be its component.
“Game Process” means an aggregate of actions and relations between the Users and/or Innova in the course of using the Game in accordance with its purpose, Game scenario, terms and rules.
“Game Client”, “Client” means software necessary for operating the Game in order to obtain services of entertaining nature (participation in the Game), incorporating printed and/or electronic preparatory materials, manuals, any other similar documents as well as audiovisual sequence, including the styling design, sketches, graphics, and soundtracks.
“4game” is auxiliary software (including, but not limited to, its technical protection facilities), that can be downloaded at eu.4game.com. This is a tiny program that downloaded and installed in the PC memory at the same moment when the User downloads the Game Client or separately from Innova’s sites. Once 4game application is installed it gives the User comfortable technical facility to access to the User’s 4game account via the Internet browsers. The User cannot create 4game account without 4game application. 4game application is a part of the operating procedure of reproduction (installation) of the Game Client, access to the User’s 4game account, as well as access to the Game Process.
1.2. All exclusive rights, the title to the Game and/or any parts thereof including (but not limited to) the title to the text, images, multimedia materials, program codes or any other copyright objects shall be owned by NCSOFT Corp., Republic of Korea (hereinafter referred to as the “Right holder”). The rights to use the Game subject to an exclusive license on geographical territory of Europe including Turkey but excluding the members of the Commonwealth of Independent States (Russia, Ukraine, Kazakhstan, Belarus, Azerbaijan, Uzbekistan, Turkmenistan, Armenia, Tajikistan, Kyrgyzstan, Moldova), Ukraine and Georgia, shall be owned by the Innova.
All rights to the Game, any components of the Game including the Client shall be protected by the legislation of the Grand Duchy of Luxembourg and international treaties (agreements).
1.3. All rights that are not directly provided hereunder shall be retained by the Innova and/or Right holder.
1.4. This Agreement shall come into effect since its acceptance by the User by checking the box “Next” or “I accept all terms Agreement and accept User agreement” or similar button while installing the Game Client Software.
In case of refusal to accept the terms hereof (by pressing the Cancel/No button), this Agreement shall be deemed to be unconcluded, and shall not be entitled to use the Game Client.
1.5. Any rights hereunder or any part thereof may not be assigned by the User to any third parties.
The Innova shall be entitled to assign its obligations hereunder to any third parties without a prior written consent of the User.
1.6. User Support. The Innova shall not be obliged to provide support to the User and shall not warrant that any failures or defects of the Client will be repaired.
1.7. Game Client Technical Protection Facilities. In order to protect its title to the results of intellectual property, obtain technical data, perform its obligations to the Right Holder and User, and in order to provide security (prevent “cracking”, hacking, etc.) and correct operation of the Game and Game Client as well as software and soft hardware that may be necessary for the proper functioning of the Game, the Innova shall be entitled to use any technical facilities or methods of protection of the intellectual activity results or information. The Innova shall be entitled to obtain information about the geographic location of the User in order to locate the User (within or beyond the Territory), about the employed computer or any parts thereof, etc.
The User hereby warrants that they will not perform any acts aimed at removing any restrictions on its use that may be set via the application of the above technical facilities and methods of protection of the intellectual rights of the Innova.
1.8. 4game shall provide for, and is part of the operating procedure of reproduction in computer memory (installation) of the Game Client, undergoing the registration procedure and entering into an appropriate user agreement with the Innova, access to the 4game account of the User, as well as access to the Games’ Game Process.
The access to the Game Process, undergoing the registration procedure and entering into an appropriate user agreement with the Innova in relation to any Game shall only be possible via 4game, unless otherwise provided on a respective web-site of the Game, including the user agreement.
2.1. By virtue of this Agreement, the User shall be provided at no charge:
— the right to install (copy in computer memory) the Client on one computer of the User, including download and running;
— the right to launch the Client only for the Game operation in order to buy services of entertaining nature (participation in the Game Process) by the User personally.
2.2. The license to the Client shall be indivisible, non-exclusive, revocable, nontransferable and non-sublicensable.
2.3. The license to the Client shall also apply to any updates, add-ons, any extra components that may be provided or the access whereto may be provided by the Innova as well as by any of their partners or counterparties in the course of using the Client by the User, unless the right to use any such updates, add-ons or extra components shall be transferred subject to any separate agreements.
3.1. It shall be prohibited to: — install or use one copy of the Client on two or more computers, a computer with a multiple terminal access operating in a time-shared mode;
— modify, adapt, translate, change or create any derivatives based on the Client or any element thereof (including the audiovisual sequence and source code), including translation or localization;
— remove any signs and/or information including the signs of intellectual rights protection, any individualization facilities;
— copy (reproduce) the Client, except for the cases that are directly stipulated herein;
— divide (disassembly) and decompile the Client and/or any elements thereof into components;
— reverse engineer or otherwise try to extract the source code of the Client, introduce any changes into the source code, change the functionality of the Client;
— distribute, sophisticate, sell, sublicense, rent, lease loan, pledge, commercialize or use it in any other way whatsoever (including without commercial benefit) that is not listed in Clause 2.1 above;
— use in conjunction with any software (including any software emulating the presence of a player in the Game or disturbing the normal functioning of the Games’ software) that is not approved by the Innova.
3.2. This license shall be restricted to the territory of Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Republic of Macedonia, Malta, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, Vatican City. The Client may not be used outside the above territory.
3.3. This Agreement shall not provide to the User the right to:
— any elements (parts, components) of the Client, including any photographs, pictures, graphics, animation, sounds, soundtracks or video clips. The User shall not be entitled to use any such elements for any purposes other than in using the Client in accordance with clause 2.1 above;
— any elements of the Game, except the Client, the Game. In order to operate the Game and access any services of entertaining nature, the User shall enter into a separate agreement with the Innova subject to the terms and conditions as set out in the Web at: lineage2.eu;
— individualization facilities of any persons, goods, works, services, including any logos, trademarks, service marks, corporate names;
— any software other than the Game Client.
3.4. Term of the license. The term of this Agreement shall be 6 months since the date of its conclusion. This Agreement shall be automatically extended for the same period of time, unless either party announces the confirmation of its termination.
This Agreement shall be deemed to be terminated by the User since the termination of his/her rights to the use 4game application.
4.2. The User shall be entitled at any time to unilaterally terminate this Agreement by removing the Client (any archive copies thereof) from computer memory.
4.3. The Innova shall be entitled to unilaterally and extrajudicially repudiate this Agreement or any part thereof without a prior written notice of the User, including in case of any breach by the User of any other agreements they may enter into with the Innova.
4.4. The Innova shall be entitled to suspend the provision of services of entertaining nature for the obtainment whereof this license is granted, by blocking (removing) the account and/or 4game account of the User. From the date of such blocking, this Agreement shall be deemed to be terminated.
4.5. This Agreement may be amended by the Innova at any time throughout the term thereof. All amendments shall be placed by the Innova on the Web at: lineage2.eu and come into effect upon such placement. The User shall be responsible for reviewing all amendments and/or supplements no less than once in 2 calendar days.
4.6. Irrespective of the reasons for such termination (repudiation) hereof, the User shall immediately remove the Client (any archive copies thereof) from computer memory.
4.7. This Agreement is governed by and shall be construed and enforced under the laws of The Grand Duchy of Luxembourg, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. Innova and the User each hereby irrevocably consent to the jurisdiction of the courts of The Grand Duchy of Luxembourg for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the state courts of Luxembourg City, the Grand Duchy of Luxembourg.
5.1. The user hereby agrees that the client shall be provided “as is”. The user shall fully accept the risk of consequences of using the client, including its interaction with any other software that may be installed on the user’s computer, and agree that the result of using the client may fail to meet the user’s expectations.
5.2. The Innova, Right Holder, as well as any partners or counterparties of the Innova shall not be liable for any damage or losses (including, but not limited to any lost profit, losses resulting from the loss of any confidential or any other information, interruptions in participation in the Game Process) that may occur due to the use or impossibility to use the Client, including in case of any failure in program operation, even if the User has sent a notice on the possible emergence of any such damage and/or losses.
The Innova, Right Holder, as well as any partners or counterparties of the Innova shall be not liable to any persons for the unlawful acts of any third parties, short-term technical deficiencies or failures of equipment which may be applied for using the Client.
For any details of this Agreement and/or using the Client, you may apply at the following address:
Innova Co. S.à r.l.
26-28, Rue Edward Steichen, L-2540, Luxembourg
Official server of the Game: lineage2.eu.