End User License Agreement (EULA)

This document is a translation from the original Japanese version. If there is a mistranslation, the original version will be given priority.

This End User License Agreement ("EULA") governs your use of applications and software provided now or in the future by Engineers LLC or its affiliated or related creators (collectively, "azukid"), including related upgrades, patches, updates, and services (the "Product").

1. This EULA stipulates the principle when azukid licenses this product to the customer (hereinafter referred to as "user" or "customer") and the principle when the customer uses this product. azukid's Privacy Policy forms an important part of this EULA. By installing or using this product, you accept this EULA and your privacy policy and agree to comply with them at all times. If you do not agree to any of these, do not install or use this product.
2. azukid reserves the right to change, modify, add or delete any provision contained in this EULA at any time, as described in Article 8 below.

Article 1 (License)

Subject to your compliance with this EULA, azukid grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-commercial license to install and use the Product (in whole or in part) until either you or azukid terminates this EULA (the "License"). You may not use the Product or the License for commercial purposes or permit others to use it under any circumstances without azukid's prior permission. Updates, upgrades, patches, and fixes may be required to continue using the Product on certain hardware. The Product is licensed to you, not sold.

1. Some of the Products may use third-party features, some of which may be managed by a third-party provider and may incur additional terms and conditions costs. You must comply with the applicable additional terms. Please check the applicable additional conditions and costs carefully.

2. The customer must not do the following, directly or indirectly.

   • Sales, lending, leasing, licensing, distribution, marketing, or unauthorized use of this product or any part of this product for commercial purposes.
   • Overall or partial reverse engineering, decompilation, disassembly, modification, reproduction, or creation of derivatives of this product.
   • Deletion, modification, invalidation, or avoidance of copyright and trademark indications or other copyright and source information, public notices, or labels on or within this product.
   • Exporting or re-exporting a copy of this product or modification that violates applicable law or regulation.
3. You agree to comply with all applicable laws, rules and regulations during the life of this product. In addition, the customer shall comply with the specific code of conduct that governs the use of this product by the customer (hereinafter referred to as the "code of conduct"). This Code of Conduct is not intended to be comprehensive and azukid may make changes to it at any time. In all cases, you may only use the Product in accordance with the expected usage of the Product.

4. You must not do the following. The following is an example and does not limit azukid's right to take action against you.

   • All media (text, words, images, audio, video, etc.) related to this product that may incite confidentiality breaches, infringement of intellectual property or personal rights, or torts (especially privacy, cracking, and the spread of counterfeit software) by any means: create, use, share, publish.
   • Modifying, transforming, blocking, abnormally loading, interrupting, slowing down, and/or interfering with the normal functionality of all or part of this product, its availability by other users, or the functionality of this product's partner network, or attempting those acts.
   • Transmitting or propagating viruses, Trojans, worms, bombs, corrupted files and/or similar destructive devices or corrupted data related to this product, and/or in any way planning, participating in, or engaging in attacks on azukid's servers and/or the servers of this product and/or its service providers and partners.
   • Creating, providing, or using alternatives (e.g. server emulators) that use this product.
   • Spam chat by disrupting the flow of conversation by repeating posts of similar nature, whether for personal or commercial purposes.
   • Transferring or communicating any material or content that is believed to be offensive or deemed offensive in azukid's sole discretion, including but not limited to harmful words, threats, slander, harassment, obscene or indecent content, discriminatory remarks, and content contrary to public order and morals.
   • Harassment or threat to other users with this product.
   • Inappropriate use of help services or request buttons, reporting false reports to azukid personnel.
   • False allegations of being an employee or representative of azukid or its partner agents.
   • False claims of approval related to this product or azukid.

Article 2 (Ownership)

All title, ownership, and intellectual property rights in and to the Product (individually or in combination, including but not limited to all text, graphics, music or audio, all messages or items containing information, fictitious characters, names, themes, objects, scenes, costumes, effects, conversations, slogans, places, letters, diagrams, concepts, choreography, videos, audiovisual effects, domain names and any other elements that are part of the Product) and some or all of the copies in this regard are owned by azukid or its licensors. This product is protected by national and international law, copyright treaties and conventions, and other laws.

1. This product may contain certain licensed material, in which case azukid's licensee will be able to protect its rights in the event of any breach of these Terms. Reproduction or display of the licensed material is prohibited by any means or for any reason without the prior permission of azukid and, where appropriate, azukid's licensee and representative. Except as specified in this EULA, azukid expressly reserves all rights not granted to you.
2. This license does not give any title or ownership within the product and should not be construed as selling any rights within the product.

Article 3 (Use of the product)

If you use this product on a compatible mobile device, this section applies to you and your use of this product.

In this EULA, "compatible mobile device" means any mobile device that can connect to the Internet and access this product. Compatible mobile devices include feature phones, smartphones, tablet computers, and personal digital assistants (PDAs).

1. (Use of the product) The customer must have access to the electronic communication network in order to use this product on a compatible mobile device. You are responsible for all connection charges (cell phone company and/or mobile operator charges, but not limited to this). You understand that the quality, response time, or access to certain features of the Product may depend on the performance of your compatible mobile devices and electronic communications networks. azukid does not take any responsibility for any loss of user comfort in any case. You acknowledge that this product may not be available on all mobile devices or through all carriers or network service providers.
2. (Collection of personal data) azukid may collect and store customer data related to your use of the product, your connection information, and your compatible mobile device in order to provide you with a better experience, service, and product support. Certain data is recorded, archived, analyzed and used to create user statistics. Your privacy is very important to azukid and we will not disclose your personal data to any third party except as expressly permitted by you or for special reasons. azukid may be obligated to disclose or share your personal data in order to comply with legal obligations or to protect azukid's rights and the rights of other users and third parties. For more information about azukid's use of your personal data, please see our Privacy Policy.
3. (Analysis Tools and Advertising Services) azukid uses third-party analysis tools to collect information about your and other users' usage habits and the use of this product. The information collected includes, but is not limited to, mobile device-specific identification information or other device identification information and settings, carriers, operating systems, localization information, date and time when this product was used, statistical information, function usage, ad conversion rates, rates of return, and purchase history. azukid uses third-party advertising services that may collect information as a result of serving ads within the Product or may temporarily display ads within the Product. This information is not personal data on its own, but if azukid combines any portion of this information with personal data, azukid will treat this information as personal data in accordance with azukid's privacy policy.

Article 4 (Acceptance of monitoring)

When you use this product, this product may monitor your hardware random access memory (RAM) to detect malicious third-party programs that interact with this product, which is prohibited by Article 1.

1. If the Product detects such malicious third-party programs, information such as your account name, IP address, details about the detected malicious third-party programs, and the date and time they were detected may be returned to azukid along with your hardware specifications and characteristics, with or without prior notice to you. If this product detects the use of unauthorized third-party programs, this license agreement and your right to access this product may be terminated with or without prior notice to you. However, azukid is not responsible for or endorses any opinions, advice or recommendations you may display or send within this product. The customer is solely responsible for such communications.

Article 5 (Exclusion of warranty liability, limitation of liability)

You expressly agree to use this product at your own risk. This product is provided as is and as available to the maximum extent permitted by applicable law. azukid and its affiliated service providers make no compensation, conditioning, or warranty of any kind (explicit, implied, statutory or otherwise) regarding fitness, accuracy, completeness, reliability or safety, fitness for a particular use, implied warranties of title and non-infringement, market value, or customer satisfaction, and are not liable for them. azukid does not warrant that this product will not be interrupted or error-free, that defects will be fixed, or that this product will not contain viruses or other harmful elements.

1. To the maximum extent permitted under applicable law, azukid and related service providers shall not be liable for any damages incurred in connection with the use of this product or the services of related third parties. Damages include, but are not limited to:

   • All damages, direct damages, accidental loss, incidental loss, consequential damage, and indirect damage of any kind, including torts (including negligence or breach of legal obligations), contract statements, and misrepresentations (good faith or negligence).
2. Notwithstanding the above limitation of liability, in the event of a dispute with azukid and related service providers, the only remedy available to you is to discontinue use of the Product or, where applicable, seek damages for loss. azukid, its affiliates, licensors, channel partners and related service providers shall not be liable for damages exceeding the amount you paid to azukid for this product in the six months immediately prior to the cause of your claim.
3. Nothing in this Article 5 shall affect azukid's liability for death or personal injury caused by azukid's negligence, fraudulent or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
4. In the interpretation of this Article 5, azukid's licensors, channel partners and related service providers are third beneficiaries of the limitation of liability set forth in this Agreement and may enforce this Agreement against you.

Article 6 (Disclaimer)

The customer shall take full responsibility for all damages caused to azukid, its licensees, channel partners, and related service providers and subcontractors, other users of the Product or any other individual or legal entity as a result of your breach of this EULA.

1. You hereby agree to defend, indemnify and hold harmless azukid and its affiliates, licensors, channel partners, and related service providers and their subcontractors for all costs (including attorney's fees) regarding any claim, liability, loss, or damage arising directly or indirectly from your violation of any provision of this EULA, or your use or misuse of the Product. azukid reserves the right, at its own expense, to take sole responsibility for the implementation of its defense against any claim for which you have agreed to indemnify azukid.
2. The provisions of this Article 6 shall be enforced even after the cancellation of this EULA.

Article 7 (Cancellation)

This EULA is valid from the earliest date on which you purchased, downloaded, or used this product until it ends in accordance with its terms. You and azukid (or their licensors) may terminate this EULA at any time and for any reason.

1. Cancellation by azukid will take effect upon notification to you, termination of your azukid account (if you have one), or azukid's decision to terminate provision and/or support of this product.
2. This EULA will automatically terminate if you do not comply with any of the terms of this EULA.
3. For any reason for termination, you must immediately uninstall the Product and destroy all copies of the Product you own.

Article 8 (Changes to this EULA or this product)

azukid reserves the right, in its sole absolute discretion, to amend, update, change, modify, add, supplement, or delete certain terms of this EULA for safety, legal, practice, or regulatory reasons.

1. Such changes will be made with or without prior notice to you. You can check the latest version of this EULA from this product or this website. It is your responsibility to regularly check for changes to this EULA.
2. If any of the future changes to the EULA are not acceptable to you, or if such changes make you unable to agree to or comply with the EULA, you may terminate this EULA in accordance with Article 7. In that case, you must immediately uninstall the product and destroy all copies of the product.
3. If you continue to use the Product after the revision of this EULA, you grant all parts of such changes in a completely irrevocable manner.
4. azukid may make changes to the Product at its full discretion at any time, for any reason or without any specific reason. You agree that this product will automatically install or download such changes. You agree that azukid may discontinue support for previous versions of the Product when the updated version becomes available.
5. azukid's affiliates undertake no obligation for any maintenance or customer support for this product. azukid also reserves the right to amend the Code of Conduct set out in Article 1 to impose restrictions on the use of this product.

Article 9 (Miscellaneous Provisions)

1. (Export Control) This product is subject to all applicable export restrictions. You must comply with all laws, restrictions and regulations regarding the export and import of any US or foreign agency related to your use of this product. Re-export, download, or otherwise export this product to, or install it by, nationals or residents of countries subject to US embargoes, or persons on the US Treasury Department's Specially Designated Nationals list or the US Commerce Department's Export Denial list is prohibited. You represent and warrant that you are not in or under the control of such a country, and are not a citizen or resident thereof, nor are you on any of these lists.
2. (Separation) If either the competent court or the competent authority finds that any provision of this EULA is invalid, illegal or not legally enforceable, that provision or part thereof shall be deemed to be deleted to the extent necessary. If this is done, the legal force of the other provisions of this EULA shall not be affected.
3. (Non-waiver) If azukid (or its licensors) fails to or delays the performance of any rights or remedies provided under this EULA or by law, it shall not be considered a waiver of such rights or any other right or remedy. A waiver of rights or remedies will only be deemed to have occurred if a document to this effect has been signed by azukid or you.
4. (Law and Jurisdiction) All disputes or claims (including non-contractual disputes or claims) arising out of or in connection with this EULA shall be governed by Japanese law. You agree that the Osaka District Court of Japan has exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with this EULA. Such consent cannot be withdrawn.

Supplementary Provisions