END USER LICENSE AGREEMENT
READ CAREFULLY – This End User License Agreement (the “Agreement”) is a legal agreement between you and LG CNS Co., Ltd. (“LG CNS”) that sets out terms and conditions that govern your use of or access to the software, executable or installation files and any documents including, but not limited to, installation manuals, user guides, etc. (“Product”).
By downloading, installing, copying, or accessing the Product, you agree to be bound by the terms and conditions of this Agreement, and you signify that you have read and understand all the terms and conditions in this Agreement.
If you do not agree to the terms and conditions of this Agreement,
Do not download, install, copy, access or use the Product;
You must delete already installed Product; and
You must immediately destroy the downloaded Product
If you have purchased the Product, please return the Product and/or license certificate and receive a refund in accordance with LG CNS’ refund policy.
1. Grant of License
1.1 Subject to terms and conditions of this Agreement, LG CNS grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to use the Product for a limited period solely for the trial purpose (“License”). Your use of the Product shall cease upon the expiry of such limited period. If you wish to use the Product other than the trial purpose and/or for a longer period, you should purchase Term License or Perpetual License.
1.4 Any use or disclosure of the Product, or its algorithms, protocols or interfaces in any way other than as expressly permitted under this Agreement, may be actionable as a violation of LG CNS’ trade secret rights and the terms of this Agreement.
1.6 LG CNS provides no technical support for the Product.
1.7 Prohibited use includes, but not limited to:
1.7.1 Using, copying, modifying or distributing this Product
1.7.2 Reverse assembling, reverse compiling or reverse engineering the Product
1.7.3 Re-using the Product for another benefit not in compliance with its intended use;
1.7.4 Sub-licensing, renting or leasing the Product license
2. Intellectual Property Rights
2.1 This Product is owned by LG CNS and is protected by copyright.
2.2 All intellectual property rights including, but not limited to, patent rights, utility model rights, design rights, copyright, trade secrets, technical information, know-how and all other intellectual property rights relating to any product or intangible product related to this Product, regardless whether they are registered or not by applicable laws, shall be the property of LG CNS. You must NOT change the appearance, contents, or packaging of the product without the approval of LG CNS.
3. DISCLAIMER OF WARRANTY
LG CNS does not guarantee that this Product will be operated without interruption or error, and does not warrant that LG CNS will correct the Product defect. You are solely responsible for the consequences of your use of this Product. To the extent not prohibited by law, LG CNS disclaims all express or implied representations, warranties, guarantees, and conditions of any kind, arising by law or otherwise, with regard to the Product, including but not limited to representations, warranties, guarantees, and conditions of merchantability, fitness for a particular purpose, title, non-infringement, functionability, and quality of service. LG CNS makes no representations or warranties regarding the content, effectiveness, usefulness, reliability, availability, timeliness, quality, suitability, accuracy or completeness of the Product or the results you may obtain by using the Product or that the Product will be uninterrupted or error-free or that it is completely secure.
4. Limitation of Liability
In no event shall LG CNS be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages, or damages for loss of profits, goodwill, business opportunity, revenue, data or data use, incurred by you or any third party whether in a legal action or otherwise, arising from or related to the use of or access to the Product or anything derived therefrom, even if LG CNS had been advised of the possibility of such damages.
You may not transfer the rights and obligations of this Product to any third party without the prior written consent of LG CNS.
6. Auditing rights
6.2 LG CNS, or LG CNS’ agent, shall be entitled to get access to your premises within the normal business hours or to be provided with the Record with no less than 10 days of prior written notice within four (4) times in a year in order to check the Record.
7. Jurisdiction and Governing Law
This Agreement shall be governed by and construed under the laws of the Republic of Korea, and all disputes arising out of or relating to this Agreement and any breach of this Agreement shall be settled by arbitration in Seoul, Korea, by the Arbitration Rules of the Korean Commercial Arbitration Board and Korean law. The decision made by the arbitrator is final and binding on both parties concerned.