By accepting these terms or installing, copying, or otherwise using any of MAXST's applications, products, services, software or websites provided or made available by or on behalf of MAXST, including, but not limited to, the access to content and functionalities provided or made available by or on behalf of MAXST or any third party ("Content"), or the use of such applications, products, services, software, websites and server infrastructure or any augmented reality application or browser (together the "Product"), you are agreeing to be bound by the terms of this Agreement and you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by this Agreement, and that you have the authority to do so.
If you do not agree to be bound by the terms of this Agreement (including those documents referenced herein), no agreement will exist between you and MAXST. In this case you must not install or use the Product.
Unless otherwise agreed in writing, the legal relationship between you and MAXST is set forth solely by this Agreement and this Agreement constitute the entire agreement between you and MAXST, superseding any prior agreements between you and MAXST (including, but not limited to, any prior versions of this Agreement). However, you also may be subject to additional terms and conditions that may apply when you use other MAXST's services or products.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
GRANT OF LICENSE
MAXST grants you the right to use the Product under the following conditions.
The Product is licensed and not sold under this Agreement. Subject to the terms and conditions herein, this Agreement grants you a revocable, non-exclusive, and non-transferable license that permits you to use the Product.
All rights under this Agreement shall be expressly granted. MAXST reserves all rights that are not expressly granted, and you shall not have any of such rights.
MAXST is not obliged to support the Product indefinitely. You acknowledge and hereby accept that the range and nature of the Product, including, but not limited to, updates, bug fixes and patches, may be subject to temporary and/or permanent changes without prior notice.
SUPPORT AND MAINTENANCE
MAXST is not required to maintain the Product. MAXST can decide at its own discretion whether to unconditionally terminate all or part of the Product or its services without giving a prior notice and without your consent. You allow MAXST to install updates of the Product at any time without any further consent.
In addition, MAXST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You acknowledge and agree that MAXST shall not be liable to you or to any third party for any modification, termination, suspension or discontinuance of the Product (or any part thereof) or your access thereto.
MAXST will be under no circumstances obliged to undertake corrections of the Product or to develop updates.
ACCESS OR USE OF THIRD PARTY CONTENT
MAXST may provide you with access to Content of third parties who use the MAXST content interface and/or MAXST services for the purpose of developing and/or publishing Content on a MAXST mobile application or mobile webpage ("Content Partner").
You acknowledge and hereby accept that MAXST does not control any Content developed, published or otherwise submitted via the MAXST content interface or the MAXST services and, as such, MAXST does not guarantee the accuracy, integrity or quality of such Content made available through third party. The parties of this Agreement (i.e. you and MAXST) acknowledge that solely Content Partners will enter into a contractual relationship with you as end users for accessing or using Content; MAXST will only act on behalf of the Content Partners. MAXST does not have control of, or liability for, any Content which may be available to you; MAXST will not and cannot review the Content. The Content falls under the full and sole responsibility of the Content Partner.
Content Partner may include an additional, separate end user license agreement to the Content that will govern your rights to the Content ("Content Partner EULA"). In this case the access or use of this Content is subject to this Content Partner EULA. However, such Content Partner EULA can never and will never be allowed to precede this Agreement and MAXST's position and rights towards you or third parties. Any Content Partner EULA applies solely between you and the Content Partner.
ACCESS OR USE OF PREMIUM CONTENT
You may decide to access or use Content offered to you as paid content ("Premium Content"). In this case you are obliged to choose a proper option in accordance with the purpose or use as set forth in the pricing page and to pay the fees indicated for that Premium Content ("End User Fee").
In order to access or use Premium Content you must open a user account as set forth below.
All purchases of Premium Content are final and you do not have the right to withdraw from or terminate such purchase once the access to such Premium Content has been granted. You acknowledge and hereby accept that MAXST will have no obligation to provide a refund or repayment - for whatever reason - of any amounts paid by you to MAXST or any other third party for Premium Content.
In order to use the Product, you may open a user account ("User Account").
While opening the User Account you shall provide true, accurate, current and complete information about yourself as prompted by the MAXST's registration form (such information being the "Registration Data") and you shall maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or MAXST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MAXST has the right to suspend or terminate your User Account and refuse any and all current or future use of the Product (or any portion thereof).
You will be able to administer your User Account through a password protected interface. You are responsible for maintaining the confidentially of your User Account and your User Account password. You are responsible for all activity that occurs via your User Account. If you have reason to believe that your User Account security has been breached it is your responsibility to notify us in a timely manner so that we can take the appropriate action in respect to your User Account.
You acknowledge and agree that MAXST may, at its sole discretion, refuse or close your User Account at any time and without any cause.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You are obliged to use the Product and any portion thereof in a responsible and law-abiding manner and in accordance with this Agreement, all applicable laws and regulations.
As a condition of your use of the Product you agree not to use the Product or any other services or products made available by MAXST for any purposes other than set forth in this Agreement.
You agree that MAXST may analyze user behavior in an anonymous way and use this information for internal purpose.
You may not at any time during this Agreement:
copy, deliver or distribute the Product without written permit from MAXST;
reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation,
sell, rent, lend, convey, redistribute, sublicense, lease, resell, or otherwise transfer for value, to any third party all or any part of the Product,
use the Product in any manner or for any purpose that violates any applicable law, any right of any third person, including, but not limited to, intellectual property rights, rights of privacy, or rights of publicity, or in any manner inconsistent with this Agreement,
use the Product intentionally to encourage or promote copyright infringement or the exploitation of copyright infringing materials.
The Product is protected by copyright and other intellectual property laws and treaties. MAXST owns the title, copyright, and other intellectual property rights in the Product.
LIMITATION OF LIABILITY 1
You expressly understand and agree that:
Your use of the Product is at your sole risk. The Product is provided on an "AS IS" and "AS AVAILABLE" basis.
MAXST expressly disclaims all warranties, endorsements, guarantees, conditions and representations, whether express or implied, including, but not limited to, any conditions, endorsements, guarantees, representations or warranties of durability, merchantability, satisfactory quality, accuracy, title, non-infringement and fitness for a particular purpose or use, or arising from a statute or custom or a course of dealing or usage of trade.
Any material or software downloaded or otherwise obtained through the use of the Product is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data or any other damage that results from download of any such material or software respectively.
No advice or information, whether oral or written, obtained by you from MAXST create any warranty not expressly stated in the terms and conditions.
In particular, and without limiting the foregoing, MAXST makes no warranty that:
The Product or its functionality and quality will meet your requirements and expectations.
The Product will be uninterrupted, timely, secure, or free of deficiencies and interruptions.
Any deficiencies and errors in the product will be corrected.
LIMITATION OF LIABILITY 2
You expressly understand and agree that, to the maximum extent permitted by applicable law, MAXST shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MAXST has been advised of the possibility of such damages), (i) arising out of or resulting from the use or the inability to use the Product or (ii) resulting from product warranties, end user assistance and product support with respect to Content.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability. Accordingly, some of the limitations above may not apply to you. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You agree to indemnify, defend and hold MAXST and its affiliates and their respective directors, officers, employees, co-branders and independent contractors harmless from and against any loss, liability, claim, demand, damages, costs and expenses including reasonable lawyer fees and disbursements, made by any third party due to or arising out of your use of the Product, a violation of any applicable laws or a violation of this Agreement.
We respect the Intellectual Property Rights of others and we prohibit users and Content Partners from using, uploading, posting, publishing or otherwise submitting any materials that violate third party's Intellectual Property Rights. "Intellectual Property Rights" means all intellectual property rights, industrial property rights and other similar rights recognized throughout the world, whether existing under statute or at common law or equity, now or hereafter in force or recognized, including: (i) copyrights, rights in trade secrets, rights in marks, patents, design rights, data base rights, rights in processes, rights in methods, moral rights, mask work rights, publicity and personality rights, and privacy rights; and (ii) any application or right to apply for any of the rights referred to in paragraph (i), and all enhancements, improvements, renewals, extensions and restorations.
All right, title and interest, including, but not limited to, Intellectual Property Rights, in and to the Product are owned by MAXST.
This Agreement does not transfer any Intellectual Property Rights from MAXST to you or any third parties. If you infringe the Intellectual Property Rights of MAXST or other third parties, MAXST may, in its sole discretion, terminate or deny access to and use of the Product.
If you withdraw your consent to the collection, use, processing, transmission and/or disclosure of such personal information, MAXST will immediately cease to collect, use, process, transmit and/or disclose the personal information or perform any other actions for which the end user's consent has been withdrawn.
Without prejudice to any other rights, MAXST may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Product and all of its component parts.
These terms and conditions terminate automatically at any time by deleting or closing your User Account, notifying MAXST or discontinuing the use of the Product.
Termination does not affect your liability or obligations under this Agreement.
MAXST holds the sole right to modify or replace this Agreement. If changes have been made, a new version of this Agreement will be published and made available at developer.maxst.com.
It is agreed that the continued utilization of the Product after the publication of a new version or modification of this Agreement will be regarded as an acceptance of the new or modified Agreement. If you do not wish to be bound by the new version or modification of the Agreement, you must not use the Product.
GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Korea.
Both Parties irrevocably agree that the courts of the Republic of Korea shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
This Agreement is the entire agreement between you and MAXST concerning the subject matter herein, and supersedes all prior communications, proposals and representations with respect to the Product or any other subject matter covered herein.
Except as provided in this Agreement, neither Party may use the names, trademarks, trade names, domain names or other designation of the other Party without the written approval of the other Party.
The failure of any Party at any time to enforce or require performance of any provision hereof shall in no way operate as a waiver or affect the right of such Party at a later time to enforce the same. Any waiver of an obligation, agreement or condition contained herein shall be valid and effective only if in writing and signed by the Party to whom such compliance is owed. No such waiver shall be deemed to be a waiver of any subsequent breach, claim or failure to perform or of any obligation, agreement or condition other than the one expressly waived.
If any provision of this Agreement is held invalid or unenforceable, all other provisions of this Agreement will remain in full force and effect.