NIMBLE NEURON END USER SOFTWARE LICENSE AGREEMENT
1. GENERAL
1.1 PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING THIS “GAME” (AS DEFINED BELOW). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY NIMBLE NEURON CORP. (“NIMBLE NEURON”).
1.2 This Agreement is a legal agreement between you and Nimble Neuron or any one of its affiliated entities, its suppliers, and licensors (collectively the “Provider”) in relation to your use of any of Nimble Neuron’s Games, and updates, including, but not limited to, “Eternal Return: Black Survival”, “Black Survival”, “MINImax Tinyverse”, and “Nano Legends” (each a “Game”).
1.3 By installing or using the Game, you agree that you have read, understand, and agree with all related applicable rules and agreement(s) of Providers and Third-Party Marketplace (as defined below) applicable to the Game, including but not limited to rules provided by, Steam®, Xbox™, Playstation™, App Store® and Game Center Service, Google Play™ store, and any other third-party platform (“Third-Party Marketplace”). YOUR USE OF THE GAME MAY ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM® SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS, SUCH AS PAYMENT TERMS, SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE AND THE OTHER APPLICABLE THIRD-PARTY MARKETPLACE.
1.4 By installing or using the Game, you agree that you have read, understand, and agree to the terms of this Agreement, Nimble Neuron Terms of Service, Nimble Neuron Privacy Policy, and any other rules or guidelines that are applicable to the Game. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, TERMS OF SERVICE, PRIVACY POLICY, AND/OR ANY OTHER RULES THAT ARE APPLICABLE TO THE GAME, PLEASE DO NOT INSTALL OR USE THE GAME.
1.5 Nimble Neuron has the right to change this Agreement in any way and at any time at its sole discretion. It is your responsibility to review the Agreement to find out any changes or updates. If you do not agree to this Agreement, discontinue your use of the Game. This Agreement may be revised without notice and will become effective upon posting on any of Nimble Neuron’s website(s). You agree that you will be considered to have been given notice of any revisions once we post them on this site and that your continued use of the Game after such notice shall be deemed an acceptance of any changes.
2. USING THE GAME
2.1 By accepting this Agreement, Nimble Neuron Terms of Service, Nimble Neuron Privacy Policy, and any other rules or guidelines that are applicable to the Game, Nimble Neuron grants to you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use, and display the Game provided by Provider for your personal, private, and non-commercial use by any applicable device(s) of which you are the sole, primary user.
2.2 You agree not to: (i) use the Game for any other purpose, or to copy or distribute the Game or any related part of the Game except as Nimble Neuron specifically allowed in this Agreement, (ii)
sell, rent, lease, license, copy, distribute, or upload the Game to any internet server or website, (iii) modify, reverse engineer, or remove any security protections or any technical measures of the Game other than as permitted herein, (iv) remove any portion of the Game, including any proprietary notices or labels on the Game, or (v) unlawfully use the Game in conjunction with any unauthorized program to circumvent any portion of the Game.
2.3 The Game may contain virtual currency (“Virtual Currency”) and/or virtual goods (“Virtual Goods”). Virtual Currency means virtual cash, such as coins, points, gold, carats, or similar items that may be (i) obtained or earned through the Game or (ii) purchased by you for actual currency. Virtual Goods are provided solely for your entertainment use, and they are virtual digital items, such as tools, abilities or other goods that may be (a) obtained or earned through the Game or (b) purchased by you for actual currency or for Virtual Currency. You may purchase Virtual Currency and/or Virtual Goods through Nimble Neuron, Provider, or applicable Third-Party Marketplace. You agree that you have reviewed, understood, and agreed to any and all of the applicable terms of Virtual Currency and Virtual Goods prior to making any transaction, including but not limited to purchase and refund procedures.
2.4 You have non-exclusive, non-transferable, non-sublicensable, revocable, personal, limited license to use Virtual Currency and Virtual Currency within the Game that you have purchased or otherwise obtained in a method authorized by Nimble Neuron. Nimble Neuron may control, manage, regulate, modify, or eliminate Virtual Currency and/or Virtual Goods at any time, with or without notice. In such case, you understand and agree that Nimble Neuron shall have no liability to you or any third-party. Otherwise, you have no right or interest in or to any such Virtual Currency or Virtual Goods in the Game.
2.5 You may not transfer, sell, or sell Virtual Currency and Virtual Goods to any third-party except where expressly authorized by Nimble Neuron. Any such transfer or attempt to transfer is prohibited and void and may subject to termination of your account. You also understand and agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, except where Nimble Neuron, Provider, or the applicable Third-Party Marketplace decides in its sole discretion to provide a refund. In addition, if your account or any portion of the Game is discontinued or terminated for any reason, you will forfeit all Virtual Currency and Virtual Goods and Nimble Neuron shall have no liability.
3. INTELLECTUAL PROPERTY
3.1 All contents available through the Game, including without limitation, title, ownership, text, photographs, images, graphics, designs, audio, video, applications, software, files, and any and all other intellectual properties ("Nimble Neuron Content") are the proprietary contents and are properties of, and are solely owned by, Nimble Neuron. Such contents are protected by laws relating to copyright, patent, trademark, trade secret and/or other forms of intellectual property and by other applicable laws, and Nimble Neuron reserves and retains all rights. Except where expressly authorized by Nimble Neuron, you may not copy, modify, translate, distribute, transmit, publish, republish, download, upload, frame, make available, lend, hire, adapt, or sell Nimble Neuron Content or any portion thereof. Any unauthorized use of Nimble Neuron Content may violate copyright law, trademark law or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in this Agreement, the Agreement does not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise.
3.2 The names and marks “Nimble Neuron”, the Game(s) and any other logos, graphics, designs, web/page designs, and icons of Nimble Neuron used in connection with the Game(s) are registered or unregistered trademarks, service marks or trade dress of Nimble Neuron (the "Marks"). You may not use the Marks other than in connection with any incidental use, as necessary. Without limiting the foregoing, you will not be permitted to use any of the Marks or any mark that is similar to, or likely to cause confusion with, any of the Marks as part of your organization or company name, as part of a domain name, or as part of any trademark or service mark used by you.
4. PROHIBITED CONDUCT AND CONTENT
4.1 You may use the Game solely for your personal, non-commercial use. You represent, warrant, and agree that you will not use the Game in an unlawful, threatening, or harassing manner, or take any action that, in Nimble Neuron’s sole discretion, is offensive, libelous, defamatory, immoral, or unethical or that is otherwise inconsistent with the standards of community and good conduct that Nimble Neuron intends to govern the use of the Game.
4.2 If you fail to adhere to any of Nimble Neuron’s Terms of Service and other applicable Game rules, you and/or your account may be terminated or banned from using the Game. You understand and agree to the terms of Nimble Neuron’s Terms of Service and Ban Policy.
5. TECHNICAL REQUIREMENTS
5.1 You agree that you have adequate hardware, software, internet connection, and any other appropriate tools to use the Game.
6. PATCHES, UPDATES, AND CHANGES
6.1 From time to time, Nimble Neuron may provide updates, patches, bug fixes, additional contents, enhanced functions, or other modifications to the Game (“Updates”). This is to allow users to continue to play the Game and provide additional features and contents. You understand and agree that you are required to download and install the Updates if such Updates are required to continue using the Game.
7. DATA COLLECTION
7.1 You agree that Nimble Neuron may collect, use, and store certain data, such as your IP address, operating system, application software to allow Nimble Neuron to provide you with product support and other services in relation to the Game. The Game may also allow the use of cookies. Cookies speed up your online usage by remembering your personal information, gather your Game activities data for improving the quality of your use of the Game, and marketing or promotional purposes. You may disable cookies on your device. Each device and browsers have unique cookies preference setting so please refer to your device for more information. Please visit Nimble Neuron Privacy Policy for more information.
8. EPILEPSY WARNING
8.1 Some individuals are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in daily life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement, or convulsion, while playing a video game, immediately discontinue use of the video game and consult your physician. Please note that when using a video game, you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
9. ACCOUNT SUSPENSION AND TERMINATION
9.1 Without prejudice to any other rights of Nimble Neuron, this Agreement shall remain in effect for as long as you use or run the Game. If you fail to comply with any term hereof, Nimble Neuron reserves the right, in its sole discretion, to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Game or any portion thereof at any time, with or without prior notice or explanation, and without liability. Further, Nimble Neuron expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Game or any portion thereof if Nimble Neuron reasonably determines or believes, in its sole discretion, that you have violated this Agreement or that you pose a threat to the Game, Nimble Neuron and/or any other user.
9.2 You may close your account and terminate this Agreement without cause at any time by uninstalling and/or stop using the Game. Please note that you may lose: (i) your original Game nickname and/or ID (“Original ID”), (ii) your in-Game progress, such as in-Game levels and items, and (iii) any Virtual Goods and/or Virtual Goods (as defined under Sections 2.3, 2.4, and 2.5 of this Agreement) that you (a) earned via the Game and/or (b) purchased from Nimble Neuron, Provider, or applicable Third-Party Marketplace accessible from that account at the time of the termination. You may not be entitled to any refunds or compensation unless specifically authorized by Nimble Neuron, Provider, or applicable Third-Party Marketplace.
9.3 Please note that Nimble Neuron may remove your original ID and/or Game nickname without notice if you do not use the Game, such as logging-in to your Game account or playing the Game, for 365 consecutive days (1 year). If this occurs, you may not use the Original ID and/or your original Game nickname and instead, Nimble Neuron may provide you with following options once you use the Game again: (i) a new Game nickname and/or ID, or (ii) a chance to create a new Game nickname and/or ID.
10. WARRANTIES AND LIMITATIONS
10.1 YOU EXPRESSLY AGREE THAT THE USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN "AS IS" BASIS AND NIMBLE NEURON HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (I) NIMBLE NEURON CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE GAME AND NIMBLE NEURON SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE, (II) NIMBLE NEURON DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE GAME ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND, ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OR USE OF ANY SUCH APPLICATIONS, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE, (III) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN APPLICATIONS, CONTENT, DATA AND MATERIALS FROM THE GAME AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICE, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM, (IV) NIMBLE NEURON IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE GAME OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S MOBILE PHONE OR MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE GAME, (V) UNDER NO CIRCUMSTANCES WILL NIMBLE NEURON BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE GAME, FROM ANY USER CONTENT POSTED ON OR THROUGH THE GAME, AND (VI) NIMBLE NEURON IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GAME. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE WARRANTIES AND LIMITATIONS AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE WARRANTIES AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE WARRANTIES AND LIMITATIONS SET FORTH IN THIS SECTION 10.1 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE GAME.
11. LIMITATIONS OF LIABILITY
11.1 UNDER THE CONDITION THAT ANY DAMAGE OR LOSS WAS NOT CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL ACT BY NIMBLE NEURON OR ANY PROVIDER, IN NO EVENT WILL NIMBLE NEURON OR ITS LICENSORS, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNEES OR PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE GAME,. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE NIMBLE NEURON OR PROVIDER'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE ACTUAL PRICE PAID FOR THE GAME AS LONG AS THE DAMAGE WAS NOT CAUSED BY INTENTIONAL ACTS OR GROSS NEGLIGENCE BY NIMBLE NEURON. IF YOU HAVE NOT PAID ANY AMOUNT TO NIMBLE NEURON OR PROVIDER DURING SUCH PERIOD, YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE WITH NIMBLE NEURON OR PROVIDER IS TO STOP USING THE GAME AND TO CANCEL YOUR ACCOUNT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, IN WHICH CASE NIMBLE NEURON OR PROVIDER’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11.1 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE GAME.
12. FORCE MAJEURE
12.1 Nimble Neuron shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Nimble Neuron, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Nimble Neuron’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, earthquakes, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
13. INDEMNITY
13.1 You agree to indemnify and hold harmless Nimble Neuron, its affiliates and its and their respect directors, officers, employees, agents, successors and assignees, and Provider from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of the Game, (ii) your breach of this Agreement, including your breach of any covenant, representation, warranty, term or condition set forth herein, and (iii) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights. The obligation set forth in this Section 13.1 shall survive any termination or expiration of your account or your use of the Game.
14. SEVERABILITY
14.1 If any provision of this Agreement is determined to be unenforceable, then it will not affect the other provisions of this Agreement and the rest of this Agreement shall continue in effect.
15. AMENDMENT
15.1 This Agreement shall constitute the complete and exclusive agreement between you and Nimble Neuron, and any portion of this Agreement may not be modified or amended by you except in a writing duly signed by you and an authorized representative of Nimble Neuron.
16. GOVERNING LAW
16.1 Any dispute between you and Nimble Neuron regarding this Agreement will be governed and construed in accordance with 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 to any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with this Agreement shall be brought in the courts located in the Republic of Korea, which it shall have the exclusive jurisdiction and venue. You expressly consent to the courts in the Republic of Koreas as the exclusive venue and hereby further irrevocably waive any claim that the courts in the Republic of Korea lacks jurisdiction over it and/or such court is an inconvenient forum.
If you have any questions regarding this Agreement, please contact Nimble Neuron customer support at: eternalreturn@nimbleneuron.com
Effective Date: March 3, 2021