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Notifications about Agreements

Discussion in 'Archive' started by Cheers, Jan 9, 2013.

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  1. Cheers

    Cheers User

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    dear users,

    we’re bringing you a new version of lineage 2 user agreement and lineage 2 license agreement as well as an update of 4game agreement.
    the updated agreements will be effective on january 15, 2013. you may find them below.
    please read them carefully.
    privacy policy has not changed.
    should you have questions regarding these changes, please contact us: innova@inn.eu

    innova
     
  2. Cheers

    Cheers User

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    user agreement
    (lineage 2 general terms and conditions)


    please read this agreement carefully and make sure that all the provisions are clear for you before you check “i accept the agreement” box and click the button “next”.

    innova co. s.a r.l. (“innova”), with its place of business in the grand duchy of luxembourg and acting under the official and exclusive authorization (license) granted by ncsoft corp. (republic of korea), offers you (the “user”), to enter into this agreement as follows:

    1. general provisions

    1.1 innova provides the user services of entertaining (leisure) nature (the “services”) subject to user’s compliance with the present agreement and all related agreements (such as client software license agreement, 4game terms of use etc.).

    1.2. lineage 2 is a massively multiplayer online role-playing game for microsoft windows (see annex 1 article 3.1. about technical requirements for the user’s pc). the genre of the game is fantasy. the game is available on innova’s web-sites, currently http://eu.4game.com, http://lineage2.eu. the game is based on free-to-play model. fee-based additional features, items, packs (the “fee-based services”) are available but not obligatory for users and may be gotten at the user’s own discretion.
    to access and use the services the user needs to
    (a) create 4game account,
    (b) download 4game application in order to use the services,
    (c) download game client software;
    (d) enter into corresponding agreements.
    this is possible to do on innova’s web-sites currently http://eu.4game.com, http://lineage2.eu. 4game account registration and use is free of charge. 4game account is intended to display user’s registration and payment information in respect of lineage 2 and other games operated and/or supported by innova. 4game account shall be used by the user in accordance with 4game terms of use. 4game application which is intended for 4game account access and game client shall be used under the license agreements. 4game account can be used for other innova’s games (if any) or other language versions of lineage 2. this is a joint account that provides users with convenient way to take part in all innova’s games.
    4game terms of use contains provisions regarding registration process, 4game account, innova’s payment policy. 4game terms of use are available at http://eu.4game.com.
    4game application is auxiliary software (including, but not limited to, its technical protection facilities), that can be downloaded at http://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.

    1.3. users under 13 are not allowed to play the game, take part in the game process and enter into the agreement. on behalf of any minor users (that are, however, older than 13 years of age) this agreement may be entered into only by their legal representatives (parents, guardians, legal representatives etc.), or trustee.
    where applicable, user's rights and obligations under the agreement are exercised exclusively through their legal representatives.
    innova is entitled to inquire about confirmation of the representative’s legal status and his/her expressed consent to enter into this agreement. innova is entitled to contact such representatives directly (by phone, e-mail). for the period of getting mentioned information, the services can be suspended.
    pegi (pan european game information) age rating or other similar ratings are used to ensure that the game itself, entertainment game content is intended for the particular age group for which it is most suitable. these ratings do not indicate the legal capacity to enter into the agreement.

    1.4. the services are provided by innova only to users within the territory. any users that are outside the territory shall not be entitled to use the services.

    1.5. processing and protection of users sensitive information is carried out under innova’s privacy policy. it is available at innova’s sites. the scope of regulation and application of innova’s privacy policy is described in the policy. you can follow the link https://eu.4game.com/privacy to find the policy.

    1.6. game client license agreement is available at http://eu.4game.com-


    2. definitions

    2.1. “agreement” means this document, including any annexes hereto, and any information posted by innova at innova’s sites and governing the legal relationship between the parties (innova and the user) as to the use of the game, rights and obligations of the user as related to his/her participation in the game process, and any information describing the game, including its rules, conditions or restrictions, but, however, excluding 4game terms of use, client software license agreement, 4game application license agreement.

    2.2. “user” means an individual (natural person) that has completed the registration in 4game (i.e. has a 4game account) and entered into this agreement with innova by joining it unconditionally, provided that he/she is a party to the effective client software agreement and 4game application license agreement and has consented to innova’s privacy policy.

    2.3. “game client” means the software required for launching the game. the game client can be downloaded from innova’s sites.

    2.4. “game” means a multi-player online role-playing game lineage 2 as described in article 1.2. of the agreement. the game represents an aggregate of software and databases including the game client as its component, copyrights, trademarks and any other intellectual property rights that can be reached via the official website or in game process. game includes also (without limitation) object code, separate computer programs, manuals; any names, including names of places, locations, characters, character’s appearance, in-game items and objects, scenario of the game and separate parts thereof; fonts, audio, video, interfaces, technical copyright protection facility (including frost software that is a part of the game) etc.

    2.5. “game process” means the aggregate of actions and relations between users and/or innova in the course of using the game in accordance with its purpose, game scenario, terms and rules.

    2.6. “login” and “password” means two unique character sets to be created by the user or received by innova from a social network (for example facebook) by the user’s consent in order to use a 4game account at http://eu.4game.com. the login and the password can be used for any game project available via 4game.com
    the user may use such 4game login and password for the services or create and use a unique game password (the “game password”). in this case 4game login and the game password are effective just for the services access.
    registration process is described in the 4game terms of use. login and password are necessary for a further performance of the agreement and identification of the user in the course of using the game/services and any other gaming projects of innova, provided that the login and contact e-mail of the user coincide.
    the user is totally responsible for the confidentiality of his/her credentials and shall not provide them to any third party (except the case of creating a 4game account, login and password by a legal representative who is entitled to give login and password to his/her minor child). the user shall carefully check all forms, requests, notifications about his/her login, password, game password to avoid fraudulent attempts to get users’ 4game account data. innova shall not be responsible for any actions related to such fraudulent actions and their consequences, as well as for the user’s failure to ensure confidentiality of about his/her login, password, game password.

    2.7. “services”. “game services” means a set of entertainment game services provided via the internet under the agreement, including free and fee-based services. some fee-based services are available (such as the l2store items, premium account etc.), all other services are free of charge.
    innova does not provide internet access and the user is responsible for all fees in respect of the internet connection, his/her computer and related communication equipment.

    2.8. “innova’s sites” means web-sites located currently at http://eu.4game.com, http://lineage2.eu, all domains of further levels, that are related to the sites. innova is entitled to change url addresses of the sites at any time and notify users on such changes. innova may also inform users on any issues related to the game via the official forum located at http://forum.4game.com.

    2.9. “territory” means 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, and only users located within the indicated territory shall have the right to participate therein unless otherwise stated by innova.

    2.10. “test servers” means a separate game servers where the user may take part in open or closed testing of the new/updated game components (locations, episodes, language versions etc.).


    3. services description

    3.1. in accordance with the terms and conditions hereof, innova shall provide the following services:
    1. access to the game subject to the user’s compliance with the agreement and all related agreements,
    2. support of the game process,
    3. fee-based services such as the l2store items, premium account etc, which are not obligatory for the user; the user at his/her own discretion to order, purchase and use such fee-based services.

    3.2. innova shall provide access to the services only at innova’s sites to authorized users. the authorization is only possible by means of the login and password/game password or by the means of social network authentication as set out in this agreement. any other methods of obtaining access to the services by users shall be deemed to be illegal and infringing acts that breach the provisions hereof.

    3.3. the services shall be provided on a permanent basis with availability no less than 85%, except for the time for breaks due to the technical maintenance of the game, forums, chats, equipment or updating of innova’s sites.
    innova shall place the announcement on any such works 2 hours prior to their implementation at innova’s sites or set a schedule for regular maintenance. the user shall be responsible for reviewing such information.
    however in exceptional cases of technical difficulties innova reserves the right to interrupt the service immediately to prevent greater problems or damage to the game, game servers or services. in such cases innova apply all reasonable effort to restart services as soon as possible.
    the user agrees that he/she is not entitled to claim any damages for service interruption irrespective of the nature and reasons of it.

    3.4. any fee-based services as well as the collection of payments shall be performed only by innova and/or any entities that are specially authorized by innova for the provisions of chargeable services and/or the collection of payments.
    if the user transfers money via or to any entities or individuals other than those listed on innova’s sites such transfers shall neither be deemed to be proper fulfillment of the user’s obligations nor result in any legal effects and obligations on innova. any responsibility and losses shall be borne by the user.

    3.5. in the course of the service provision innova uses frost software as a technical facility for copyright protection of game developer (rights holder) and innova. frost is intended to protect fair game, honest users, game balance as well as intellectual property rights. the purposes of frost are:
    prevention and elimination of unfair play and fraudulent game (dishonest users take advantages from third-party software: bot programs, cheat programs, etc.);
    ensuring the integrity of the games and protection against hacker attacks, the use of third party software, and other unauthorized activities in the game, protection of the rights holder legitimate interests, e.g. intellectual property rights;
    collection of statistical information for future developments and improvements of frost and the game.
    innova uses frost software as a part of the game client. the user cannot get access to the game if the frost software is deleted or modified.
    frost works in the similar way as anti-virus or anti-spy software.

    3.6. innova is entitled to wipe any content, components, information, data (including game data), characters, items in connection with the test servers without restoring them and any compensation and refunds to users.


    4. innova’s rights and obligations

    4.1. innova hereby agrees to keep confidential all the 4game account 4game account registration data and any other details of the user, except for the cases stipulated by the applicable legislation.

    4.2. innova provides the user with the possibility to obtain information about any amendments to this agreement and any annexes hereto, the list, procedure for and terms of provision of services subject to section 8 below.

    4.3. innova provides the user with the appropriate quality of services in accordance with the provisions and limitation set out in the agreement.

    4.4. innova reserves the right to take any measures that do not contradict the applicable legislation in order to restrict or block access to the sites/game/services for any persons that breach the provisions hereof. innova reserves the right to suspend or terminate the agreement as per section 8 below.

    4.5. innova does not pre-moderate content posted by users on the sites or in the game (for example in public chats, forums etc.). innova shall be entitled (but does not bear the obligation) to delete and/or modify any data, information, results of intellectual activity that may be posted at innova’s sites, including by users.

    4.6. innova shall have the right, in accordance with the applicable legislation, to suspend or terminate the agreement and provision of the services as per section 8 of the agreement. for the violations and penalties, cases related to the game errors (bugs) and related information please follow the link: http://lineage2.eu:

    4.7. innova is entitled to change the price of fee-based services. all the changes are displayed in the l2store. however, this does not mean that the user that has already paid for the service is obliged to pay any difference in case where the price increases and is not entitled to claim any refunds in case where the price decreases.

    4.8. innova refunds users in accordance with the payment policy.

    4.9. innova provides support and assistance via support tools locates at: http://support.4game.com.

    4.10. innova is entitled to enforce and apply game penalties and sanctions described in the cases to the user who breaches the agreement (including but to limited to the game rules).

    4.11. innova from time to time carries out promotional contests, events, activities, tournaments etc. the events are a part of the game process. for such events special rules and conditions that differ from the agreement may be applicable. however user’s compliance with the agreement is an essential condition for participation in the events. game penalties and sanctions may be enforced on the user by innova at any time in the course of the promotional events.


    5. rights and obligations of the user

    5.1. the user shall have the right to use the services for personal non-commercial purposes only.

    5.2. during registration of a 4game account and at any time of use of the game the user shall provide true, accurate, full, current and relevant information to innova (including but not limited to the following cases: filling in any required registration forms, submitting support tickets, e-mails, letters, statements etc.). the user acknowledges that he/she understands that providing information contrary to the requirement of this article, he/she commits a material breach of the agreement and his/her obligations.

    5.3. in case of valid reasons therefor, the user shall immediately make changes in the 4game account registration data in accordance with the procedures set out in the privacy policy.

    5.4. the user shall abide by the game rules subject to annex no. 1 hereto, and fulfill all of innova’s requirements for participation in the game process as published at innova’s sites.

    5.5. the user shall respect the intellectual rights of innova and the rights holder and as specified in section 7 below. the user shall conform with article 3.4. above. the user hereby warrants that in the course of using the services he/she will not breach any third-party rights, including intellectual rights, and all the data (information, results of intellectual activity) will be lawfully posted by the user at innova’s sites.

    5.6. in the course of using the services, the user shall not have the right to:
    change or create any derivatives based on the game or any element thereof (including the audiovisual sequence), including translation or localization or create any derivative works, composite works, without a prior written consent of innova, including shoot any video clips, create any graphic works, etc.;
    copy any elements of the game;
    divide the game and/or any elements thereof into components;
    decompile, disassemble or in any other way try to extract the software source code which is a game element;
    distribute, complicate, sell, sublicense, use any software that is a game element, on computers that have a multiple terminal access and operate in a time-sharing mode, or in any other way transfer any of his/her rights to such software;
    remove or change any trademark, logo, copyright sign or any other notices of title, inscriptions, symbols or signs in the game and/or any element thereof;
    copy, translate, distribute, publish or otherwise use any information and/or results of intellectual activity that may be posted at innova’s sites, without a prior written consent of innova;
    exploit the game or its parts for any commercial purpose, including but not limited to power-leveling, sell of in-game items;
    obtain any private account information of other users;
    use any software bugs (and he/she shall promptly notify them to innova), intervene in the program code, obtain an unauthorized access to the computer system, obtain, without a prior written consent of innova, access to the database containing users’ data or materials;
    create any additional elements of the game, whether or not provided for by its object code and scenario;
    transfer any of his/her rights hereunder, including transfer to any third parties his/her right (possibility) to use his/her user’s account;
    disrupt, hack, interfere with a technical facility for copyright protection mentioned in article 3.5;
    perform any actions aimed at infliction of damage on innova’s sites, obtainment of unauthorized possibilities (access) to innova’s sites;
    any attempts or threats hereinbefore.
    any of above action shall be deemed a material breach of the agreement and the user’s obligations.

    5.7. the user shall be responsible for ensuring non-disclosure (confidentiality) of the data stored in his/her account, his/her login and passwords and bear liability for any failure to keep confidential and disclose in any way his/her account data.

    5.8. the user hereby warrants to innova that he/she shall have the right to use any payment facilities he/she has selected, without infringement of the applicable legislation and/or the legislation of any other country of residence of the user. innova shall bear no liability for any possible damage on any third parties and/or any other users that may be inflicted due to using any payment means he/she does not own.

    5.9. the user may agree to receive advertisement messages from innova and/or review ads in the course of use of the services. innova will inform users on game or 4game news, activities, promotional events. the user can cancel the subscription.

    5.10. in case of any questions or problems related to the game (such as technical questions, questions related to the agreement, imposed sanctions, the game scenario and process), the user shall address his/her requests to the help desk (support team) at: http://support.4game.com. this is the most sufficient way to turn to the support team. however the user may send his/her request to innova by e-mail (innova@inn.eu) or by post (for the postal address please see section 9 of the agreement). the user acknowledges that support tickets addressed to the help desk shall be in english, the help desk replies will be in english as well.

    5.11. when addressing a request to the support team, the user shall identify him or herself and provide 4game account registration data. a support ticket via http://support.4game.com shall be created while the user is logged in.
    the user is highly recommended to provide a detailed description of a question or a problem he/she has encountered. this helps the support team to provide him/her a relevant assistance.
    should the user provide incomplete 4game account registration data or 4game account registration data that raises doubts of its authenticity and belonging to the person that has addressed the help desk, the support team shall be entitled to request any additional data and information from the user. the support team may request additional data from the user.

    5.12. the help desk shall send a reply to the user within 10 days after the date of receipt of the user’s application and submission of the full and authentic 4game account registration data thereby. such terms may be increased, depending on the nature of the issue, which shall be additionally notified to the user.


    6. disclaimers

    the user understands and agrees that:
    6.1 the user shall use innova’s sites, the game and services at his/her own risk. the service shall be provided on an “as is” basis.
    the description of the discovered game errors (bugs) is published at https://eu.4game.com/lineage2/install/cases/. however new errors (bugs) can be found. the list of the errors (bugs) can be supplemented as newly known errors (bugs) appear. such supplements have immediate effect.

    6.2 innova does not warrant that:
    the sites/the game/game services will satisfy the user’s needs;
    the service at innova’s sites will be provided uninterrupted, fast, reliable and error-free;
    the results that may be received by using the services will be precise and reliable;
    the quality of any information, data, pictures, etc. posted at the sites will meet the user’s expectations.

    6.3 innova shall not be liable for inflicting any direct or indirect damage incurred through no fault of its own due to:
    use or failure to use any of innova’s sites, games, services or any information posted thereat;
    unauthorized access to the user’s personal information;
    loss of control over the account by the user;
    actions of any third party at innova’s sites.

    6.4. no data or information posted at innova’s sites by any third parties (for example other users) may be deemed to be a reliable and/or official source of information. innova shall bear no liability for any indirect damages or any other losses the user may incur due to using any information provided by any third parties.

    6.5. innova shall bear no liability for any temporary malfunctions or interruptions in the provision of services, for any temporary malfunctions or interruptions in the operation of communication lines, any other similar malfunctions, as well as for any problems with the computer from which the user accesses the internet.

    6.6. except the case of gross negligence or willful misconduct, innova and/or any of its affiliates, subsidiaries, agents shall not be responsible or liable for any indirect, incidental, or other damages (including without limitation, lost profits) resulting from the game, game services, innova’s sites and/or materials on the sites, third parties’ actions related to the game, game services and innova’s sites and/or materials on the sites, including fraudulent and/or negligent actions of third parties. the sole maximum aggregate liability of innova for all damages, losses and causes of action, whether in contract, tort (including without limitation, gross negligence) or otherwise, shall be the aggregate amount that the user actually spent in the game during the term of the agreement.

    6.7. innova hereby reminds that excessive use of pc, including play on pc, can be harmful for the user’s health. the user or its legal representatives, trustee hereby agrees to be responsible for controlling the state of his/her health and not to use the services / restrict their use in case of any contraindications.


    7. intellectual rights

    7.1. ncsoft corp., republic of korea and innova reserves intellectual property rights regarding the game, its components, results of intellectual activity posted by innova at its sites such as texts, pictures, images, characters, characters’ names, character’s appearance and accessories, in-game items, multimedia materials, programming code and any other subject-matter of copyright.
    any derivative works based on the game, its components and part can be created and produced upon innova’s written consent.

    7.2. all trademarks (service marks) or any other means of individualization (including corporate names, logos, trade labels) that have been lawfully posted at innova’s sites shall be owned by their lawful right-holders. all other rights that are not directly marked as owned by any third parties shall be owned by innova or the lawful right-holders of such rights.

    7.3. a character the user uses to get into the game process is an integral part of the game and the user does not obtain and has not any proprietary / exclusive rights over this character (characters). the user shall not hereunder be granted any exclusive rights to the intellectual property embodied in the game, game components such as characters, ingame items, or materials posted at innova’s sites.

    7.4. in order to protect its rights to the results of intellectual property, obtain statistical data, perform its obligations to the rights holder and the user, as well as in order to provide security (prevent "cracking", hacking, etc.) and correct work of the game, software and soft hardware that may be necessary for the proper functioning of the game, innova shall be entitled to use technical facilities and methods of protection of the results of intellectual property, information, including by the game client (see article 3.5 of the agreement). innova shall be entitled to obtain information about the geographic location of the user in order to locate the user within or outside the territory, about the computer he/she is using, any computer components. the user can follow the link https://eu.4game.com/privacy to find out more about innova’s privacy policy.


    8. miscellaneous

    8.1. applicable legislation and jurisdiction. this agreement shall be governed by the provisions of the grand duchy of luxembourg without applying any conflict law principles. innova and the user hereby consent that all disputes arising in relation with the agreement shall be submitted to the referred to the courts of luxembourg city, the grand duchy of luxembourg.

    8.2. no failure of innova to exercise or enforce any right or provision of the agreement will not constitute a waiver of such right or provision and shall deny innova the right to take the appropriate actions aimed at the protection of its rights later or be deemed as innova’s waiver of its rights in case of any similar or equal breaches in future.

    8.3. any other issues that are not stipulated herein shall be governed by the applicable legislation.

    8.4. if any provision of this agreement is to be ineffective or unenforceable, this shall not affect the effectiveness or enforceability of any other provisions hereof.

    8.5. innova shall be exempt from liability for any failure to fulfill their obligations or any part thereof if such failure has resulted from circumstances of insuperable force (force majeure), i.e. any circumstances of extraordinary nature that could not be avoided by the parties under such conditions. such circumstances shall, inter alia, include riots, resolutions of state authorities, natural disasters, fires, accidents, interruptions in power supply, global disruptions in the european or international segments of the internet, failures of routing systems, failures of the distributed domain name system, failures caused by hacking and ddos-attacks.

    8.7. all notices and information during the term of this agreement may be sent by the user subject to the procedure as stipulated in article 5.10 above. such notices and information shall be sent by the user in english.
    any other method of sending information or notices (statements, etc.) shall be deemed to be improper.

    8.8. the user shall be entitled to terminate the agreement under the following procedure:
    - if the user wishes to withdraw from the agreement (terminate the agreement) within 14 days after enter into it he/she shall send a written notification on this to innova. such written notification shall be sent via support ticket in order to ensure prompt obtaining of it by innova. the termination shall take an effect in the same day of receiving this notification by innova.
    - if the user wishes to terminate the agreement beyond 14 days after enter into it he/she shall send a written notification on this to innova such written notification shall be sent via support ticket in order to ensure prompt obtaining of it by innova. the termination shall take an effect upon expiry of 3 day period from the day of receiving this notification by innova.

    8.9. innova shall be entitled to terminate the agreement:
    8.9.1. with 3 day prior notice. innova shall be entitled to terminate this agreement with 3 day prior notice to the user in all cases, except cases describes in article 8.9.2. below.
    8.9.2 without prior notice. innova shall be entitled to terminate this agreement with no notice to the user in cases of expiration/termination of the license granted to innova to operate the game, governmental authorities’ orders, legislative prohibitions or material breach of the agreement by the user.
    the parties shall hereby unconditionally acknowledge that any breach of the following provisions of the agreement: article 1.3., article 1.5., section 5, annex no. 1, and the provisions of the license agreement for the use of game client, use of 4game application, payment fraud or attempts of payment fraud, constitutes a material breach of the user’s obligations. any material breach is a ground for unconditional termination of the agreement. permanent ban of the user’s game account construed as termination of the agreement.
    in such case, no money shall be returned (refunded) to such user.

    8.10. innova shall be entitled suspend provision of the services to the user in cases:
    - investigation of ingame situations and events on suspicions of breaches of the agreement/game rukes,
    - request from governmental authorities, agencies, officers,
    - claims of parents or other legal representative of minors,
    - requests of payment agents related to possible fraudulent actions
    in such case, no money shall be returned (refunded) to such user.

    8.11. this agreement as well as all other related documents and agreements (such as client software license agreement, 4game terms of use, privacy policy etc.) may be amended and/or supplemented by innova at any time during the term hereof. all amendments and/or supplements or new edition of the agreement and the mentioned documents shall be posted by innova at innova’s sites and into effect upon the expiry of at least 3 calendar days after such posting, unless other term or no term is stipulated in the agreement. for example, the list of cases is subject to change without prior notice.
    the user shall be responsible for reviewing all amendments and/or supplements no less than once in 2 calendar days.
    should the user disagrees with these changes, the user shall send a notice to innova via a support ticket within 3 calendar days after posting such amendments and/or supplements. in such case, this agreement shall be deemed to be terminated by the parties as from the effective date of new edition of the agreement.
    the user cannot continue game process unless he accepts amendments and/or supplements to the agreement as well as all other related documents and agreements. if the user continues to use the game services after expiry of notice period for the amendments/supplements/new edition of the agreement with no objections this considers as full and unconditional acceptance of these amendments/supplements/new edition of the document.
    in case of any promotion (advertising actions) during which users are provided ingame benefits, bonuses and privileges, provisions that are different from this document may be applied without a prior written notification to the user. however, the user reserves the right to send a notice to innova subject to the procedure stipulated in article 8.7. above within 3 calendar days after such provisions introduction . in such case, this agreement shall be deemed to be terminated by the parties as from the date of receipt of such notice by innova from the user.

    8.12. innova shall be entitled to assign its rights and obligations hereunder to any third parties or charge any third parties with the provision of services or any part thereof (for example, payment collection).

    8.13. this agreement shall be effective during 6 (six) months after its coming into force or until the date of termination of the license agreement on using the game client or 4game application with the user, whichever is earlier. if 5 (five) days prior to the expiry of the above period neither party has confirmed its termination, this agreement shall be deemed to be extended for the same term.
    this agreement shall be deemed to be terminated by the user since the termination of his/her rights to the use of the client and/or 4game application.


    9. address

    innova co. s.à .r.l
    16 avenue pasteur
    l2310 luxembourg
    email: innova@inn.eu
    official web-sites: http://eu.4game.com, http://lineage2.eu


    annex 1 to the user agreement

    game rules

    1. general provisions

    1.1. official site of the game — http://lineage2.eu,
    1.2. communication language when using the game service: english.
    1.3. violations and penalties and cases sections of the game web-site are integral parts of the agreement.

    2. scope of the present rules
    2.1. this document stipulates the rules, observing which the user has the right to use the game services in order to participate in the game process.

    3. general terms
    3.1. for the proper use of the service the user is advised to meet the following technical requirements / specifications: the internet connection (broadband connection is preferable), windows xp 32bit / vista 32bit / windows7 32bit, pentium4 3.0ghz, 2 gb ram, geforce 6600 gt / radeon x1600pro, directx 9.0c, hdd 30gb.
    testing mode of an operational system on the user’s pc or other mode different from the standard one may prevent the user from use of the game service.
    3.2. the innova does not return ingame items that were lost or wasted through the user’s loss of his/her account access, fraudulent or negligent actions of other users or any third parties.
    however, the innova has the right, at its discretion, to return ingame items lost through crack or hacking, fraud etc.
    3.3. the innova does not exchange in-game currency and/or other items for real money. such exchange between users is strictly prohibited.
    3.4. the user shall be solely responsible for purchase of fee-based services intended for longer period that the term of the agreement. innova shall not refund any payment is case of termination or termination of the agreement earlier than the end of the term of such fee-based service.

    4. rights and obligations of the user
    4.1. the user is to choose a character nickname that will identify him/her among other users.
    4.2. the user has a right to change his/her password. the user is to secure confidentiality of his/her password and of other necessary data and is consequently responsible for the loss and disclosure of his/her password, as well as risks (losses) related to it. sharing of 4game accounts or the game access is strictly prohibited.
    4.3. the user has a right to create two and more characters on conditions that the user will use only one of these characters at a time, except otherwise is stipulated by the game scenario or conditions of fee-based services.
    4.4. if the user needs to take some action related to his/her participation in the game process, he/she is obliged to make sure that he/she enters into legal relations with the authorized representative of the innova.
    4.5. the user does not have a right to "resell" to third parties the provided services by innova (including in-game items, packs, premium account etc.) or transfer them for getting any benefits in contrary to the game scenario and to gain any other advantage from it.
    4.6. the user does not have a right to disseminate information related to illegal access to the game characters, as well as distribute links to the websites or other resources containing such information.
    4.7. the user is obliged to treat with respect all other users and the innova, meaning:
    not to use swear words;
    not to threaten with harm and physical violence;
    not to promote information rejecting or expressing hate towards some religion, culture, race, nation, people, language, politics, ideology or social movement;
    not to promote directly or indirectly porn-sites, drugs and resources containing such information, as well as making other similar action.
    4.8. the user is forbidden to disseminate false information (gossip, slander) about the game services, the innova, the copyright holder, members of the innova and other users. it’s forbidden to use words related to the innova in character names/guild names or pretend to be an authorized representative of the innova.
    4.9. while chatting in the game, it’s forbidden to send a message containing the same text continuously. sending is possible not more often than once in a minute.
    4.10. the user does not have a right to restrict the access of other users to the game or prevent other users from using the game.
    4.11. the user agrees not to transmit any information or software which contains viruses or other harmful components, as well as to perform any actions forbidden under the eu legislation.
    4.12. the user is forbidden to place information of an advertising nature at the innova’s resources (sites).
    4.13. the user is forbidden to use ingame items and/or the game advantages received as a result of violation of the present rules by third parties (users).
    4.14. the user is forbidden to reveal any information concerning another user.
    4.15. it is forbidden to sell, buy, transfer, get the account information that is required for getting access to the game.
    4.16. it is forbidden to create or/and to join guilds inspired by any race, sex, ethnical, anti-religious beliefs.
    4.17. it is forbidden to create a character/ a guild names containing swear or/and provocative words.
    4.18. it is forbidden to use software emulating player’s presence in the game, replacing the present game client – basic client accepted by the innova, or to disturb the normal functioning of the server software.
    4.19. it is forbidden to crack, to make an attempted crack and/or try to intercept server data.
     
  3. Cheers

    Cheers User

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    game client software

    license agreement


    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. general provisions

    1.1. in this agreement, the following terms shall be applied:
    “game” means a multi-user online role-playing game lineage 2 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 http://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. license terms and conditions

    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. license restrictions

    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.


    4. termination of license agreement

    4.1. this agreement shall be effective during 6 (six) months after its coming into force or until the date of termination of the user agreement relating the game or 4game terms of use, whichever is earlier. if 5 (five) days prior to the expiry of the above period neither party has confirmed its termination, this agreement shall be deemed to be extended for the same term.
    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. warranties. liability

    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.


    6. contact information

    for any details of this agreement and/or using the client, you may apply at the following address:
    innova co. s.à  r.l.
    16 avenue pasteur, l2310 luxembourg
    e-mail: innova@inn.eu
    official server of the game: lineage2.eu.
     
  4. Cheers

    Cheers User

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    4game application license agreement
    (hereinafter referred to as the “license”)

    this license is a document concluded between you, individual – lawful owner of the software sample (hereinafter referred to as the “user”) and innova in relation to “4game application” software in accordance with its definition in this license. by installing (copying to pc’s memory) 4game application or otherwise legally using the above software, you agree with the terms and conditions of this license without any exceptions.

    1. general provisions

    1.1. 4game application shall mean the software required to use 4game service for the purpose of obtaining access and use of the functionality of 4game service, i.e. necessary to ensure maintenance of the access to the individual account and its management, to ensure the technical possibility to record on pc’s memory (install the client of the game), completion of the registration and conclusion of the respective user agreement with innova, as well as to obtain access and participate in the game process (games), the rights in relation to which are held by innova and/or its affiliates.

    other terms used in the license shall have the meanings in accordance with the agreement on the use of 4game service.

    1.2. access to the game process, completion of the registration procedure and conclusion of the respective license and user agreement with innova in relation to any game may be granted subject to the use of 4game application, unless otherwise provided for by the respective web-site of the game, including the user agreement.

    1.3. the user shall guarantee that the equipment and communication means used by him/her, including carrier services, are sufficient and proper for the use of 4game application. meanwhile, the user acknowledges that 4game application may be used subject to the following minimum technical capabilities, i.e. os windows xp and higher (as well as the pc compatible with such an operation system), internet explorer 8 browser or higher, 40 mb available on the hard drive, internet connection; additional requirements and restrictions may be posted on 4game.com.

    1.4. all exclusive rights for 4game application are protected by the applicable law and international treaties (agreements) provided, however, that conflict rules do not apply.

    2. license terms and conditions

    2.1. based on this license, the user shall be granted free of charge and for his/her own personal non-commercial objectives:

    the right to install (record in pc’s memory) 4game application to one pc (device) of the user;
    the right to launch 4game application exclusively for the use of 4game service and/or game projects personally by the user.

    2.2. all rights explicitly not granted by this license shall be reserved by innova and shall be considered not provided to the user.

    2.3. this agreement also doesn’t provide the user with the right for:
    elements (components, parts) of 4game application. the user shall not have the right to use them for any purposes, except while using 4game application in accordance with the terms and conditions of this license;

    games and elements of games. to use the games and to obtain the access to entertainment services, the user shall conclude a separate agreement with innova.

    means of individualization of persons, products, works, services, including logos, trademarks, service marks, trade names;

    other software, except for 4game application, in the volume stipulated by the license.

    2.4. the license for 4game application is indivisible.

    2.5. the license for 4game application shall also apply to updates, additions, additional components, which may be provided, or access to which may be granted by innova, as well as by its partners and counteragents, while the user uses 4game application, in case when the right to use such updates, additions, additional components is not transferred on the basis of independent agreements. in this case, such updates, additions and additional components for 4game application shall be installed in the same system folders and files on your personal computer, in which a copy of 4game application is stored. innova shall additionally notify the users in case of material changes in 4game application.

    3. license restrictions

    3.1. license validity.

    this license shall be valid for 6 months from the date of installation of 4game application. the agreement shall be prolonged automatically for the same period in case when neither party announces its termination and/or terminates the license.

    3.2. user may not:

    change or create any derivative products on the basis of 4game application or any its element (including audiovisual sequence and source code), including translation or localization;

    remove any signs and/or information, including copyright signs, individualization means, technical protection tools;

    block the operation of any technical protection tools of games and/or elements of games, including the content of games;

    copy 4game application, except for the cases explicitly provided for by this agreement;

    divide 4game application and/or its elements into components;

    disclose the technology, decompile, disassemble or by any other means try to obtain the source code of the application, make any changes to the source code, modify the functionality of 4game application;

    distribute, complicate, sell, sublicense, lease or rent, mortgage, commercially benefit from its use or dispose thereof (including without any commercial benefit) by any other means not specified by the license;

    use explicitly prohibited software, including for the purpose of interference in the operation of 4game service.

    3.3. the rights under this agreement, in part or in full, may not be assigned by the user to any third parties. innova shall be authorized to assign the rights and obligations under this agreement to any third parties without user’s consent in writing.

    3.4. innova shall not be liable to provide the user with its technical support and does not guarantee that any failures or defects in 4game application will be cured.

    3.5. technical protection tools of 4game application

    for the purpose of protection of the rights for intellectual activity results, receipt of statistical data, performance of its obligations to the user, as well as for the purposes of ensuring safety (prevention of “break-ins”, hacker attacks etc.) and due performance of 4game service, game and 4game application and software and firmware necessary for due functioning of game projects, innova shall have the right to use technical tools and methods for protection of intellectual activity results and information. innova shall also be authorized to obtain information, including on user’s geographical location for the purposes of determination of the user’s location (within or outside the territory), on the pc use and its components etc., as describes, and only in accordance with the objectives stipulated by the personal data privacy policy.

    4. license termination

    4.1. regardless of the bases for termination (suspension, refusal) of this agreement, the user shall promptly uninstall 4game application (its archive copies) from pc’s memory (user’s pc).

    4.2. this agreements shall be valid up to the expiry of the license validity, as defined in p. 3.1. of the agreement, or up to its early termination (refusal to perform it).

    4.3. the user shall have the right to unilaterally terminate this agreement at any time by uninstalling the client (its archive copies) from his/her pc’s memory subject to notification of innova not less than one business day prior to the expected termination. upon receipt of such a notice, this agreement and agreements on the games located on 4game service, if such agreements have been concluded with the user, shall be considered terminated.

    the notice shall be considered duly submitted, if sent through the system of support.4game.ru.

    4.4. innova shall (on a unilateral extrajudicial basis) be authorized to refuse to perform this agreement in full or in part without prior notification of the user, including in case of breach by the user of other agreements concluded between him/her and innova.

    4.5. innova shall have the right to suspend provision of services, for the purpose of purchase of which the user has been granted this license, by blocking (deleting) the account and/or individual account of the user. this agreement and any agreements for the games located on 4gane service, if such agreements have been concluded, shall be considered terminated from the date of such blocking.

    5. guarantee. liability

    5.1. the user confirms that 4game application is provided according to “as is” principle. the user fully accepts the risk of consequences arising out of using of 4game application, including interaction with other software installed on the user’s pc and agrees that the result of such use may not correspond to the expectations of the user.

    5.2. in no circumstance innova, its affiliates, holders of the rights for the games, as well as innova’s partners and counteragents shall incur any liability for any damage or losses (including, but not limited to, lost profit, losses caused by disclosure of confidential or other information through user’s fault, interruptions in participation in the game process) arising in connection with the use or impossibility to use 4game application, including in case of malfunctioning of the program, even when the user has sent a notice on the possibility of origination of such losses and/or damage.

    5.3. innova, its affiliates, holders of rights for the games, as well as innova’s partners and counteragents shall not be liable to any persons/entities for illegal acts by any third parties, temporary malfunctioning and interruptions in the operation of 4game application caused by failures in communication lines, other similar failures, as well as malfunctioning of equipment, with the help of which 4game application is used.

    6. other provisions

    6.1. this agreement may be changed and/or amended by innova at any time within the validity of the agreement. all changes and/or amendments shall be posted by innova on the web-site and shall become valid upon such posting. the user undertakes independently to read all such changes and/or amendments not less than once in two calendar days.

    6.2. this agreement shall be governed by the laws of the grand duchy of luxembourg and/or by applicable international treaties and agreements (conflict rules shall not apply).

    6.3. all disputes arising out of this agreement shall be submitted to the court at innova’s location.

    6.4. in case the user has any questions relating to this license and/or use of 4game application, he/she can apply at the address: innova co. s.à .r.l,16 avenue pasteur l2310, luxembourg, or via e-mail: innova@inn.eu.
     
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