THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS ENTERED INTO BETWEEN MRS (“MasterShaiyaReborn” aka MSR) AND YOU (“YOU” OR “YOUR”). IT IS IMPORTANT THAT YOU READ AND CAREFULLY UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DO NOT WISH TO BE BOUND, DO NOT INSTALL THE GAME TO WHICH THIS AGREEMENT APPLIES OR OTHERWISE USE THE SOFTWARE TO WHICH THIS AGREEMENT APPLIES. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE ABLE TO ACCESS, DOWNLOAD OR USE THE SOFTWARE AND/OR THE SERVICE. MRS RESERVES THE RIGHT IN ITS SOLE DISCRETION AT ANY TIME TO CHANGE ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF WE CHANGE THE TERMS OF THIS END USER LICENSE AGREEMENT, WE WILL COMMUNICATE THE CHANGES TO YOU PRIOR TO THE CHANGES BEING MADE EFFECTIVE.
PRECONDITIONS OF THE GRANT OF LICENSE
The grant of license as set forth in Section 4 below is specifically conditioned upon the following:
You have accepted all of the terms in this Agreement and indicated your acceptance by selecting “YES,” “I AGREE,” or similar form of assent, as appropriate;
You will comply with all of the terms in this Agreement until such time as you have deleted all aspects of the Software from your machine;
You will use the Software only on an authorized device, running validly licensed copies of operating systems which the Game was designed to operate;
You will refrain from using any hacks, cracks, bots, or third party software which may modify, temporarily or permanently, the Software or the user experience of the Game, whether on your local machine or on servers which enable use of any features of the Game; and
You will comply with all requirements and obligations of the Terms of Service, which is specifically incorporated into this Agreement and is made a part hereof.
Game Accounts. To play the Game, you may be required to create and maintain a MSR ID, a Game account, and, in some cases, a platform specific. To use or create a MRS ID, you must register, or have previously established, an account on mastershiaiyareborn.com. To use or create an account with a specific platform, you must register, or have previously established, an account with that platform.
Use of MRS IDs. Creation and use of MRS IDs, and subsequent use of are subject to the following terms and conditions:
Your use of the Game to interact with MSR and other players is governed by MSR’s Terms of Service, which are available at www.mastershaiyareborn.com. The Terms of Service are not meant to be exhaustive. The Terms of Service are incorporated into this Agreement by this reference, and are available for your review here.
You agree to pay all fees and applicable taxes incurred by you or anyone using your MSR ID. MSR may revise the pricing for the goods and services offered in connection with the Game at any time.
Use of Platform-Specific Accounts. Use of a platform-specific account, which may be required to play a specific Game or utilize certain features, will be subject to the terms and conditions of that Platform.
OWNERSHIP; GRANT OF LICENSE; RESTRICTIONS
Ownership. As between MRS and you, MRS owns and shall retain all right, title and interest, including, without limitation, all Intellectual Property Rights, in and to the Software, and any portions thereof, including, without limitation, any copy or Derivative Work of the Software (or any portion thereof) and any Updates thereto. You agree to take any action reasonably requested by MRS to evidence, maintain, enforce or defend the foregoing rights. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with MRS’s ownership of and rights with respect to the Software, or any Derivative Work or Update thereof or thereto. You shall have only those rights in and to the Software and any Derivative Work or Update thereto as are expressly granted to you under this Agreement.
Limited Grant of License. Subject to the terms and conditions of this Agreement, MRS hereby grants you a non-exclusive, nontransferable, nonsublicensable, limited right and license, during the Term, to:
Install a copy of the Software on one or more computers under your legitimate control;
Access and use the Software, solely in accordance with the Documentation and solely for your own personal, non-commercial, entertainment purposes.
Except as set forth in this Section, no other right or license of any kind is granted by MRS to you hereunder with respect to the Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all Intellectual Property Rights therein.
Restrictions. You hereby acknowledge and agree that you shall not use the Software for any purpose other than your personal, non-commercial entertainment purposes, and that you shall use the Software in accordance with all applicable laws, rules and regulations. Except as expressly provided herein, you shall not, and shall not permit any third party to:
Copy all or any portion of the Software, except as may be incidental to using the Software on your machine as permitted by this Agreement;
Exploit the Software, in its entirety or individual components, for any purpose not expressly authorized by MRS including, without limitation (i) gathering in-game currency, items, or resources for sale outside of MRS’s authorized systems and channels; (ii) performing in-game services that disrupt the normal gameplay experience (e.g., power-leveling); or (iii) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Software.
Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Software
Decompile, disassemble or otherwise reverse engineer the Software, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques used or embodied in the Software or any portion thereof;
Modify, translate, or create any Derivative Works based upon the Software except as may be provided by the Software itself or under other permission from MRS;
Distribute, disclose, market, rent, lease, grant a security interest in, transfer, assign, sublicense, pledge or otherwise transfer the Software, in whole or in part, or any Cash Item (as defined in the Terms of Service) to any third party whatsoever;
Host, provide or develop matchmaking services for the Software;
Intercept, emulate or redirect the communication protocols used by MRS, or its designees, in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Software, use of a “data mining” utility program to intercept, colled, read or “mine” information generated by the Software, or in any other way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized play of the Game or other use of the Software;
Create, use or maintain any unauthorized connections to the Software;
Remove or alter any copyright, trademark, or other Intellectual Property Right notices, legends, symbols, or labels appearing on or in the Software;
Disrupt or assist in the disruption of (i) any computer used to support the Software or a Game environment; or (ii) any other player’s Game experience.;
Use the Software for any purpose that (i) violates applicable law or regulation; or (ii) violates this Agreement.
Hosting of the Service. You acknowledge and agree that the Software is used to play the Game through the Service and that MRS may, in its sole discretion, terminate or otherwise discontinue providing the Service at any time for any or no reason.
Updates. During the Term, MRS may provide you with Updates as they are made generally available by MRS. You acknowledge that, to the extent MRS licenses some or all of the Software and/or other components of the Service from third party vendors (“Vendors”), such Vendors, and not MRS, are responsible for creating Updates, if any, and making them available for installation or distribution. You acknowledge and agree that MRS may, with your knowledge and prior consent, provide Updates to you remotely, including, without limitation, by accessing the computer in which you store the Software. Any Update provided or made available by MRS hereunder shall be deemed part of the Software and shall be subject to the terms and conditions of this Agreement.
Game Policies. Your use of our Software and Service is conditioned on your acceptance of several different agreements. These agreements are:
This End User License Agreement;
The Privacy Statement;
The Terms of Service ;
Additional terms that govern particular features or offers (for example, our Code of Conduct , etc.) (“Additional Terms”).
Applicable third party terms that you may need to accept to utilize certain parts of the Service (e.g., payment processor terms; third party distribution platform terms, integration of social networking profiles, etc.).
The agreements are listed in terms of their priority and application to you. In the event of a conflict between provisions contained within any particular agreement, the agreement that is listed first shall control. For example, in the event of a conflict between these Terms of Service and the Privacy Statement, the Privacy Statement shall control. In the event of a conflict between the Additional Terms and this Agreement, this Agreement will control.
Your Further Obligations.You shall be solely responsible for any and all costs and fees in connection with accessing and using the Software and/or the Service, including, without limitation, Internet service provider fees, telecommunications fee and the costs of any and all equipment used by you in connection with the Software and/or the Service. You acknowledge that MRS shall have no obligation to assist you in using or accessing the Software, except as expressly set forth in this Agreement. In addition, you agree to adhere at all times to the Terms of Service made available through the Service, as may be amended from time to time. Any changes to the Terms of Service will be communicated to you prior to the changes are made effective and your continued use of the Software, Game and/or Service after such notification of changes to the Terms of Service will constitute your acceptance of such changes.
Monitoring of the Service.
MRS shall have the right to monitor and/or record your communications when you use the Software, and you acknowledge and agree that when you use the Software, that you have no expectation that your communications will be private. MRS shall have the right to utilize recorded communications: (a) to regulation; (b) to enforce the terms of this Agreement or any other MRS policy; (c) to protect MRS’s rights and remedies; (d) to protect the health or safety of anyone that MRS believes may be threatened; or (e) to report a crime or other offensive behavior.
WHEN RUNNING, THE SOFTWWARE MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 4.3ABOVE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE SOFTWARE MAY COMMUNICATE INFORMATION BACK TO MRS, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) MRS MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, the Game may include a tool that will allow your computer system to forward information to MRS in the event that the Game crashes, including system and driver data, and consent to MRS being able to receive this data.
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