Dragon Nest Classic Terms of Use

Effective Date: October 19th, 2026

Eyedentity Games Inc. (“Eyedentity”) offers online games and various interactive services (forums, portals, etc., collectively the “Service”). The Service is conditioned on your acceptance of the following agreements: the End User License Agreement (“EULA”) that applies to the interactive software entertainment product and services offered by Eyedentity (e.g., our games); the Privacy Policy; the Operational and Abuse Policy; the Terms of Sale; these Terms of Use (“ToU”); Additional Terms that govern particular features or offers (for example, our Code of Conduct, our User Generated Content Policy, etc.) (“Additional Terms”), with a full list available through the official Website; and applicable third-party terms that you may need to accept to use certain parts of the Service (e.g., payment processor terms; third-party distribution platform terms; social sign-in terms).

By accepting these Terms of Use, you are accepting all agreements that are part of the Service. If Eyedentity makes a third-party sign-in feature available, you may choose to use that feature subject to the applicable provider’s terms and the Privacy Policy.

These Terms of Use govern your use of the Service generally. If there is a direct conflict between a specific provision of these Terms of Use and a specific provision of another applicable policy or agreement listed below, the other policy or agreement will control only to the extent of that conflict and only within its subject-matter scope:

i. EULA. Controls only for software/client license matters, including installation, updates, software use restrictions, anti-cheat, and software-related rights and remedies.

ii. Terms of Sale. Control only for purchases and payment matters, including purchases, pricing, price changes, taxes, refunds, chargebacks, payment disputes or reversals, transfer restrictions, expiration rules, and the licensing and use of EYE Cash, DNP (Petal), Virtual Items, and other paid digital content.

iii. Privacy Policy. Controls only for the collection, use, disclosure, and other processing of Personal Information.

iv. Operational and Abuse Policy / Code of Conduct. Control only for enforcement standards, procedures, and sanctions related to behavior, security, and integrity of the Service.

v. UGC Policy and any Additional Terms. Control only for user generated content and the specific feature, program, promotion, event, or offer they cover.

vi. Third-party terms. Apply only to the relevant third-party service (for example, a payment processor, distribution platform, or identity provider) and control only to the extent necessary to use that service.

Except as provided above for direct conflicts within defined scopes, these Terms of Use remain the baseline agreement and are not broadly displaced by third-party or ancillary terms. The above-listed policies and terms are incorporated by reference to the extent they apply to your use of the Service.

1. Limitation of Use

Unless otherwise provided, the Service is only for your personal purpose, not any commercial use. You may not modify, copy, distribute, transmit, display, perform, license, create any derivative work from, sell or transfer any information, software, product or service known or obtained from the Service.

2. Registration

2.1 Registration Process. The Service requires you to create an account with a username and password. When you are registering for the account, you agree that you will (i) provide accurate, up-to-date and complete information; (ii) maintain and promptly update the account information provided by you; (iii) maintain the confidentiality and security of your username and password; (iv) accept all risks and responsibilities with any and all authorized or unauthorized access to your account; and (v) immediately notify us if you discover, acknowledge or otherwise suspect any unauthorized use of your account information.

2.2 Registration Information. For registration, you must provide us with certain information about yourself, including your name, email address, date of birth, and other information requested by us. Your information will be handled in accordance with Eyedentity’s Privacy Policy. If Eyedentity makes a third-party sign-in feature available, you may choose to use that feature subject to the applicable provider's terms and the Privacy Policy. We may send you an email or provide another process to verify registration information or complete account creation.

2.3 Account Eligibility. You may establish an account only if (i) you are a natural person and are at least thirteen (13) years of age; (ii) if you have not reached the age of majority in your country of residence, you have obtained the consent of your parent or legal guardian; and (iii) you are not prohibited or restricted from using the Service under Eyedentity’s applicable policies.

If we become aware that you registered or created an account in violation of the foregoing eligible requirement, Eyedentity, at its sole discretion, reserves the right to suspend, close and/or delete the account.

2.4 Email, Username, Password and Limitation. As a necessary part of the registration process, you will be asked to use your username and password for use of the Service. We reserve the right to refuse access to the Service or to prohibit your use of a email that is of disposable nature and a username that: (i) impersonates someone else, including, but not limited to, other user; (ii) is or may be illegal or may be protected by trademark or other proprietary right law or may cause a confusion with others’; (iii) is or may be considered vulgar, defamatory(including libel or slander, etc.), obscene, hateful, racially, ethnically or otherwise offensive, including username which is sexual in nature; (iv) is or includes the name of popular or other’s proprietary icon, character name or religious deity or figure or your real name, surname or family name; (v) is or includes a name of drug, narcotic or other illegal activity, notorious figure, or (vi) is otherwise inappropriate subject to Eyedentity’s regulations or policies, regardless of our software’ ability to disallow the username.

2.5 Security and Confidentiality Responsibility. You must secure your account information for the use and confidentiality. You agree that you will not assign your right to access the Service by sharing your account information to any third party. YOU ARE RESPONSIBLE FOR MAINTAINING AND SECURING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION AND ALL RELATED ACTIVITIES INCLUDING SHARING YOUR ACCOUNT INFORMATION FOR THE SERVICE.

2.6 OWNERSHIP. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPRIETARY INTEREST IN YOUR ACCOUNT. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL RIGHTS IN RELATION TO YOUR ACCOUNT SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF EYEDENTITY. EYEDENTITY NEVER RECOGNIZES OR ALLOWS THE TRANSFER OF ACCOUNTS BETWEEN PLAYERS. YOU SHALL NOT PURCHASE, SELL, GIFT OR TRADE ANY ACCOUNT, OR OFFER TO PURCHASE, SELL, GIFT OR TRADE ANY ACCOUNT AND SUCH ATTEMPT SHALL BE NULL AND VOID AND MAY RESULT IN THE FORFEITURE OF YOUR ACCOUNT.

2.7 Termination. Eyedentity may suspend, restrict, or terminate access to all or part of the Service if you violate these ToU or other applicable agreements, or where Eyedentity reasonably determines that action is necessary to protect the Service, users, or Eyedentity. Enforcement actions may be taken in accordance with the Operational and Abuse Policy, where applicable. Eyedentity may take immediate action without prior notice where reasonably necessary for security, fraud or abuse prevention, investigation, or Service integrity. Service-wide discontinuation will be handled separately, subject to applicable law and, where applicable, the Terms of Sale.

3. Purchases and Terms of Sale

Purchases of EYE Cash, DNP (Petal), Virtual Items, and other digital content offered through the Service are governed by Eyedentity’s Terms of Sale, which is incorporated into these Terms of Use by reference.

Before completing a purchase, you must review the applicable price, amount of EYE Cash or DNP where applicable, package or item contents, payment method, and other material transaction information displayed through the applicable purchase interface.

You represent and warrant that you are authorized to use the payment method selected for the transaction. If you have not reached the age of majority in your country of residence, your parent or legal guardian must authorize the purchase and agree to the applicable Terms of Sale on your behalf.

Transactions processed through a third-party payment or distribution provider may also be subject to that provider’s applicable payment, transaction, tax, and refund terms.

The purchase, use, pricing, price changes, refunds, chargebacks, payment disputes, payment reversals, transfer restrictions, expiration rules, and licensing of EYE Cash, DNP, Virtual Items, and other digital content are governed by the Terms of Sale.

If there is a conflict between this Section 3 and the Terms of Sale, the Terms of Sale will control, subject to the order of priority stated at the beginning of these Terms of Use.

4. Use of the Service

4.1 No Unlawful Use. You represent and warrant that you shall not use the Service for any purpose that is unlawful or prohibited/restricted by these ToU. Also, you may not use the Service in any manner which could damage, disable, overburden, or impair, interfere with the Service and/or any other user.

4.2 Code of Conduct. (PLEASE REVIEW AND AGREE TO THE BELOW ATTACHMENT) Eyedentity has made available a Code of Conduct which applies to your use of the Service, including your use of the games offered by Eyedentity. You agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any action we deem necessary and appropriate to preserve the integrity of the Service. We further reserve the right to determine what conduct is outside the "spirit" of the Service and games provided therein.

4.3 No Misuse of Data. You acknowledge and agree that you will not (i) obtain or attempt to obtain any information from the Service using any method not expressly permitted by Eyedentity; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet analyzer or other device; (iii) use any other software/tool to collect information from the Service, including without limitation information about your account, your character, virtual item, other player, or other Service’s related all data.

4.4 User Generated Content. (PLEASE REVIEW AND AGREE TO THE BELOW ATTACHMENT) User Generated Content means all communications, images, sounds, and all the material and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text, gameplay clips, and content you make that is based on or utilizes Eyedentity’s intellectual property. User Generated Content is governed by this ToU and the User Generated Content Policy. To the extent Eyedentity processes Personal Information in connection with User Generated Content, that processing is governed by the Privacy Policy and applicable law. This does not exclude the application of Eyedentity’s Privacy Policy or applicable privacy law to Personal Information that Eyedentity processes in connection with User Generated Content.

5. Intellectual Property Rights

5.1 Infringement of Intellectual Property Rights. You acknowledge and agree that the Service, the Website and the related content and other applications made available on the Service is exclusively owned by Eyedentity, its licensors or its affiliates and are lawfully protected by the applicable laws, rules and regulations and international treaties relating to copyrights, trademarks and other intellectual property rights. YOU NEVER HAVE ANY OWNERSHIP INTEREST IN SUCH PROPRIETARY SUBJECT MATTER PURSUANT TO THESE TOU OR ANY AND ALL AGREEMENT BETWEEN YOU AND EYEDENTITY OTHERWISE.

5.2 Indemnification and Termination. You acknowledge and agree that you indemnify and hold harmless Eyedentity and its licensors, affiliates, directors, officers, employees and agents from any and all claims for losses, expenses and liabilities, including reasonable attorney’s fees in relation to such legal suits and actions etc. If you are engaged or have engaged in infringement or we reasonably suspect that your use of the Service infringes Eyedentity’s or others’ intellectual property rights, we may, at our sole discretion, suspend, terminate or delete your account with or without prior notice to you.

6. Software and Content on the Service

6.1 License to Software and Content. You may download or access to certain software and content for the Service subject to the following: (i) Eyedentity hereby grant you a personal, limited, revocable, non-sublicensable and non-exclusive license to install a copy of any downloadable software or content under your legitimate control; and only to access and use the Service solely for personal, non-commercial purpose.(ii) You may not i) copy software or content made available to the Service; ii) sell, rent, lease, license, distribute or otherwise transfer or make the Service available to any other person, in whole or in part, or use the Service in any commercial context; iii) make available, adapt, publicly perform, or publicly display the Service; iv) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the Service in whole or in part; v) remove, disable or circumvent any proprietary notices, labels or access control technology contained on or within the Service or any portion thereof; vi) export or re-export the Service or any copy in violation of any applicable export restrictions or other laws or regulations.(iii) You must keep intact all copyright and other proprietary contents/notices.(iv) Software and content made available on the Service is owned by Eyedentity, its licensors or its affiliates and is protected by any and all applicable laws, rules and regulations and international treaty provisions. YOU ACKNOWLEDGE AND AGREE THAT ANY REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE AND CONTENT IS EXPRESSLY PROHIBITED BY LAWS, RULES AND REGULATIONS AND INTERNATIONAL TREATY PROVISIONS AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES TO THE MAXIMUM EXTENT POSSIBLE. (v) WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER CONTENT FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge and agree that software, content and any related documentation and/or technical information is subject to applicable export control laws and regulations of the USA. You may not export or re-export the software, directly or indirectly, to any other countries that are subject to USA export restriction.

6.2 Termination of License. The license in this Section 6 is conditioned on your compliance with all agreements applicable to you, and shall terminate upon the earlier of: (a) your breach of any part of these agreements; or (b) our termination of the Service or the removal of software or content to which the license applies. If you breach any provision of the agreements applicable to you, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some software or content made available through the Service may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how you may access and use that software or content. You may not remove, delete, or alter any watermark or other digital rights management technology or other information. PLEASE REVIEW IN DETAIL AND AGREE TO THE END USER LICENSE AGREEMENT.

7. LIABILITY DISCLAIMER

THE SOFTWARE, SERVICES AND RELATED CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EYEDENTITY, ITS LICENSORS, ITS AFFILIATES AND RESPECTIVE DEVELOPERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME. INFORMATION RECEIVED VIA THE SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. EYEDENTITY, ITS LICENSORS, ITS AFFILIATES AND RESPECTIVE DEVELOPERS MAKE NO REPRESENTATIONS ABOUT SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED CONTENT CONTAINED ON THE SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EYEDENTITY, ITS LICENSORS, ITS AFFILIATES AND RESPECTIVE DEVELOPERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT EYEDENTITY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY CONTENT OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT EYEDENTITY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EYEDENTITY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL EYEDENTITY, ITS LICENSORS, ITS AFFILIATE AND RESPECTIVE DEVELOPERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EYEDENTITY, ITS LICENSORS, ITS AFFILIATES OR RESPECTIVE DEVELOPERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY LIABILITY, RIGHT, OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Third Party Services and Content

8.1 Third-Party Services. The Service may make third-party services, features, or content available from time to time. Third-party services are subject to the applicable provider's own terms and privacy policy. Eyedentity is not responsible for third-party services except to the extent required by applicable law.

8.2 Account Integrations. If Eyedentity makes a third-party sign-in or account-integration feature available, use of that feature may be subject to the provider's own terms and privacy policy. Any Personal Information processed by Eyedentity in connection with such a feature will be handled in accordance with the Privacy Policy.

8.3 Links to Third Party Sites. The Service may contain links to or feeds from websites controlled by third parties (“Linked Site(s)”). The Linked Sites are not under the control of Eyedentity and Eyedentity is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Eyedentity is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eyedentity of the site or any association with its operators. Any dealings with third parties (including advertisers) included within or available via a link from the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Eyedentity shall not be responsible or liable for any part of any such dealings or promotions.

9. Modification of these Terms

We may update these ToU from time to time as the Service, our practices, or applicable law changes. We will post the revised ToU and update the Effective Date. For material changes, we will provide advance notice of at least thirty (30) days by appropriate means such as email and, where feasible, in-client notice. Except where law requires separate consent, your continued use after effectiveness constitutes acceptance. If you do not agree, you may stop using the Service. Where required by law, you may request an appropriate remedy for unused, lawfully acquired Virtual Items.

10. Dispute Resolution

10.1 Disputes; Informal Resolution. Before initiating arbitration or a court proceeding for a Dispute, except as provided in Section 10.4 or where prohibited by applicable law, the party asserting the Dispute will provide written notice describing the nature of the Dispute and the relief sought. Notice to Eyedentity may be submitted using the contact information made available on the official Website. The parties will attempt in good faith to resolve the Dispute informally for at least thirty (30) days after receipt of the notice, unless the parties agree otherwise.

10.2 Binding Arbitration. If a Dispute is not resolved through the informal resolution process described in Section 10.1, then the Dispute must be submitted to binding arbitration (except for the circumstances described in Section 10.4). Arbitration of a Dispute shall be a final and binding determination on you and Eyedentity. You should review this provision carefully. This arbitration provision limits your and Eyedentity's ability to litigate claims in court, and you and Eyedentity each agree to waive your respective rights to a jury trial. The arbitration shall be commenced and conducted under the Streamlined Rules of the Judicial Arbitration and Mediation Service (“JAMS”) or, where appropriate, the JAMS International Rules, both of which are available at the JAMS website (www.jamsadr.com). Where applicable to a consumer arbitration, the JAMS Consumer Arbitration Minimum Standards will apply. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the construction, interpretation, and enforceability of this agreement notwithstanding any other choice of law provision contained in this agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND EYEDENTITY ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

10.3 Restrictions. You and Eyedentity agree that any arbitration shall be limited to the Dispute between Eyedentity and you individually. You acknowledge and agree that: (a) a claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and Eyedentity; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) you will not have the right to participate as a class representative, private attorney general, or as a member of any class of claimants for any claim subject to arbitration. Any dispute regarding the prohibitions in this Section 10.3 shall be resolved by the arbitrator in accordance with this agreement.

10.4 Exceptions to Negotiation and Arbitration. You and Eyedentity agree that the following Disputes are not subject to the negotiation and binding arbitration provisions above: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Eyedentity's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; (d) any claim within the jurisdictional limits of the small claims courts; and (e) any claim you are authorized to bring to the attention of any federal, state, or local government agency that can, if the law allows, permit that agency to seek relief from us on your behalf.

10.5 Location of Arbitration. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For all other users, any arbitration shall be initiated in the County of Santa Clara, State of California, United States of America. Any Dispute not subject to this Section shall be decided by a court of competent jurisdiction within the County of Santa Clara, State of California, United States of America, and you and Eyedentity agree to submit to the personal jurisdiction of that court.

10.6 Governing Law. The ToU shall be governed by and construed in accordance with the law of the State of California, United States of America, regardless of your place of residence, expressly excluding the UN Convention on Contracts for the International Sale of Goods.

10.7 Attorneys' Fees. If any legal action, including arbitration or an action for injunctive relief, is brought relating to this agreement or its breach, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, may recover reasonable expenses, including court costs, arbitration fees, and attorneys' fees, to the extent permitted by applicable law and the applicable arbitration rules.

10.8 Severability of Dispute Resolution. You and Eyedentity agree that if any portion of this Section 10 is found illegal or unenforceable, such portion shall be severed and the remainder of this Section 10 shall be given full force and effect. Any Dispute subject to any such severed portion of this Section 10 shall be decided by the arbitrator.

10.9 Non-Waivable Rights. Nothing in this Section 10 limits any right or remedy that cannot be waived under applicable law. Any mandatory law that prohibits or limits arbitration, class-action waivers, venue requirements, fee shifting, or another provision of this Section will apply to the extent required.

11. General Provisions

11.1 Assignment. This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Eyedentity. Eyedentity may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.

11.2 Waiver. The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

11.3 Severability. If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

11.4 Relationship of the Parties. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party, nor either party's agents, have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.

11.5 Force Majeure. Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network “brownouts” or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

11.6 U.S. Government Rights. If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the Software is “commercial computer software” and “commercial computer software documentation,” and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this Agreement.

11.7 Export Controls. You must comply with applicable U.S. export-control and economic-sanctions laws and regulations in your use of the Software, including restrictions involving embargoed destinations, prohibited end uses, and persons or entities identified on applicable U.S. restricted-party lists, as updated from time to time.

11.8 Captions and Section Headings. The captions and Section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.

11.9 Equitable Relief. You acknowledge and agree that due to the unique nature of this Agreement, there can be no adequate remedy at law to compensate Eyedentity for your breach or threatened breach hereof; that any such breach or threatened breach will allow you or third parties to compete unfairly with Eyedentity resulting in irreparable harm to Eyedentity that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Eyedentity shall be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, hereunder, or otherwise.

11.10 Entire Agreement; Amendment. These Terms of Use, together with the aggrements constitute the entire agreement between the parties concerning the subject matter hereof, and supersedes (a) all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements, and communications, whether oral or written, between the parties relating to the subject matter of this Agreement; and (b) all past courses of dealing and industry custom.

© 2026 Eyedentity Games Inc. - All Rights Reserved

Appendix 1. Code of Conduct

CODE OF CONDUCT

Effective Date: October 21st, 2026

When you become a part of the Eyedentity community, you are joining many other players worldwide. We understand that with a large player base, disputes and misunderstandings can arise from time to time. however, our in-game/online staff will do their best to resolve these as they happen. There are a number of circumstances that can result in disciplinary action against your account, on both the forums and in-game. Appropriate action will be taken during any incidents of community disruption, violation of the EULA or ToU, or any other action that may be deemed inappropriate by Eyedentity’s staff. All policies and agreements which govern your use of Eyedentity’s games and interactive services are available through the official Website. This Code of Conduct outlines the rules that you need to follow to help ensure that Eyedentity’s games, forums, and other interactive services are safe and fun for everyone.

A. Your Use of the Service Generally

You will not use our games and interactive services for any unlawful purpose or in any manner not intended by Eyedentity. We expect you to use our games and interactive services in a manner that is respectful of all other players.

B.Technical Restrictions

You will not use our games or interactive services to transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature subject to Eyedentity’s regulations or policies. You will not engage in spamming or flooding.

You will not remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in our games or interactive services. You will not "frame" or "mirror" any part of our games, websites or interactive services without our prior written authorization.

You will not use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the games or interactive services, as well as any content contained therein.

You will not harvest or collect information about the games or interactive services, visitors to our websites, or users of our games or interactive services, without our prior express consent (which may be in the form of an API made available to you from time to time). You will not download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in our games or interactive services except as expressly authorized by the agreements between you and Eyedentity.

You will not host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the games or interactive services, including, without limitation, by protocol emulation, tunneling, reverse engineering, packet sniffing, re-routing, looping, modifying the game software or using a program to host a game. You will not restrict or inhibit any other individual from using the services, including, without limitation, by means of "hacking" or defacing any portion of the services. You will not institute an attack upon any server used in connection with our services or otherwise attempt to disrupt such servers.

C. Cheating

You will not exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.

You will not modify the software made available to you, either as part of a game or an interactive service, to change the service. This includes, without limitation, creating cheats and/or hacks or using third-party software to access files we make available to you.

You will not reverse engineer, packet sniff, decompile or disassemble all or any portion of our games or interactive services.

You will not engage in using macros (e.g., "macroing"), auto-looting or robot play (i.e., "botting") or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence. You will not use "packet sniffing," scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the data streams generated by our games and interactive services.

D. Improper Communications

You will not give out personal information of other users (such as real name, physical address, IP address, email address, phone number, credit card number, etc.) in any way. This information could be used by others for illegal or harmful purposes.

You are entirely responsible for the security of your account information and personally identifiable information. You will not express or imply that any statements you make or actions you take are endorsed by Eyedentity.

You will not sell, advertise, or post information on hack, private servers (including sources thereto) or gold farming for games or interactive services, and you will not advertise, post information on or sell hacks for any other software or websites.

You will not use the games or interactive services to transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication. Any non-game-related conversation that takes up a substantial amount of the forum, chat, or in-game chat space and prevents users from finding game-related information may be considered a violation of the Code of Conduct.

E. Infringement of Intellectual Property or Other Proprietary Rights.

Unauthorized use of another entity’s intellectual property is not allowed, including but not limited to: software, music, art, and other copyrighted, trademarked, or patented materials or trade secrets.

You will not use the games or interactive services to transmit any material, non-public information about companies without the authorization to do so.

You will not impersonate another person (including celebrities), indicate that you are a Eyedentity employee or a representative of Eyedentity, or attempt to mislead users by indicating that you represent Eyedentity or any Eyedentity partner or affiliate.

F. Harassment

You will not engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior, including, without limitation, intentionally looting, intentionally kill stealing, making sexual or other inappropriate comments.

You will not harass, abuse, bully, spam, scream at, threaten or stalk other users or encourage other players to do so. You will not encourage harm or violence against people or animals, or promote self-harm in any manner.

You will not create or share any of the following through our games or interactive services:

(i) Anything of a sexual or provocative nature;

(ii) Content that a reasonable person would consider to be adult or borderline adult in nature; or

(iii) Content that generally falls under the category of pornography You will not attempt to obtain a password or other private account information from any other person or user of the Service.

G. Prohibited Use of the Games and Interactive Services

You will not exploit our games or interactive services for any commercial purpose, including selling of accounts, virtual currency or in-game items, the provision of "power leveling" services, etc.

Any content that facilitates or promotes illegal gambling, illegal content, pornography, piracy, illegal online pharmacies, illegal drugs, or criminal activities is prohibited.

Do not create or share any content that instructs users how to make bombs, weapons or drugs, or solicits involvement in behavior that is violent or illegal under applicable laws, rules and regulations.

Any content that facilitates or promotes underage drinking, consumption of illegal drugs, or socially irresponsible behavior due to alcohol or drug consumption (e.g., drinking and driving) is prohibited. Do not create or share any content that facilitates, promotes, or contains terrorist threats or activities.

Do not create or share any content that facilitates, promotes, or contains references to viruses or malware. Do not create or share any content that facilitates or promotes identity theft.

H. Consequences of Violations

If you violate this Code of Conduct, Eyedentity may take appropriate action in accordance with the Operational and Abuse Policy. Such action may include a warning, removal or restriction of content, temporary access restrictions, temporary suspension, and, where permitted under the applicable standards in the Operational and Abuse Policy, a permanent character or game ban or an IP block.

The type and duration of any enforcement action will be determined in accordance with the applicable standards and procedures set forth in the Operational and Abuse Policy. Eyedentity may take immediate temporary action without prior warning where reasonably necessary to protect the security or integrity of the Service, prevent ongoing harm to users or the Service, or conduct an investigation.

If your account is suspended while you are participating in a tournament or competition, Eyedentity assumes no liability for the loss of any potential prizes or recognition related to the tournament or competition.

Eyedentity is not obligated to monitor every post or activity, but may remove content or take action against a user in accordance with this Code of Conduct and the Operational and Abuse Policy.

Appendix 2. User Generated Content Policy

USER GENERATED CONTENT POLICY

Effective Date : October 21st, 2026

Certain features of our interactive services may allow you to create, upload and distribute user generated content (“UGC”). Eyedentity does not pre-screen UGC that may be posted or made available through the Service by players, and as such Eyedentity does not assume any responsibility or liability for content that is generated by users in connection with our games and interactive services.

You must have the legal right to create, upload and distribute UGC in connection with our games and interactive services. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of Eyedentity or a third party. You may not upload UGC that violates the law, our EULA or Terms of Use and/or any third party's right of privacy or right of publicity.

Eyedentity does not assume any liability for any failure to remove, or any delay in removing UGC. However, Eyedentity may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of Eyedentity or a third party. If you are a repeat infringer of Eyedentity's or a third party's intellectual property or other rights, Eyedentity may suspend or terminate your access to our games and interactive services without notice to you. Any refund or other monetary remedy following a suspension or termination is governed by the Terms of Sale and applicable law. Suspensions or terminations relating to User Generated Content will be handled in accordance with the Operational and Abuse Policy. Affected users may submit an appeal through Customer Support within fifteen (15) calendar days from the date the restriction begins, subject to the procedures set forth in the Operational and Abuse Policy.

You acknowledge that gameplay and User Generated Content transmitted through the Service, including chat text and other communications, may be monitored, accessed, preserved, or disclosed by Eyedentity as reasonably necessary to operate, moderate, secure, or improve the Service; enforce applicable agreements and policies; investigate suspected violations, fraud, or abuse; protect the rights, property, health, or safety of Eyedentity, users, staff, or others; or comply with applicable law, legal process, or governmental requests. To the extent Eyedentity processes Personal Information in connection with User Generated Content, such processing will be handled in accordance with the Privacy Policy and applicable law. Eyedentity does not undertake to monitor all User Generated Content for Personal Information.

You agree that you will be personally responsible for your creation of UGC, and for all of your communications and activities done in connection with our games and interactive services, including any content you contribute.

You will indemnify and hold harmless Eyedentity, its parent, affiliates, and their respective employees, officers, and directors from any liability or damages arising from your conduct in the connection with our games and interactive services.

In exchange for use of our games and interactive services, and to the extent that your contributions through use of our games and interactive services give rise to any copyright interest, you grant Eyedentity a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable and sub-licensable license to use, reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, distribute, and otherwise use your contributions in connection with the Software, the Service, and related goods and services, without further notice or compensation to you, to the extent permitted by applicable law. You retain any ownership rights you may have in your User Generated Content. Nothing in this paragraph requires the transfer of ownership of a consumer review or limits any right relating to reviews, complaints, or other communications that cannot be waived under applicable law. To the extent permitted by applicable law, you waive any moral rights with respect to Eyedentity's exercise of the license granted above. The license and any permitted waiver survive termination of the applicable agreements to the extent necessary for content already used or incorporated into the Service or related materials.

Appendix 3. End User License Agreement (EULA)

END USER LICENSE AGREEMENT

Effective Date: October 21st, 2026

THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS ENTERED INTO BETWEEN EYEDENTITY GAMES, INC. (“EYEDENTITY”) 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. EYEDENTITY 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.

■ DEFINITIONS

For purposes of this Agreement, the following terms shall have the following meanings (terms capitalized but not defined in this Agreement shall have the meaning given to them in our Terms of Use):

1. “Documentation” means the online, electronic or printed user guides and other documentation which Eyedentity makes generally available which describes the installation and use of the Software, regardless of how such documentation is accessed by you or delivered to you.

2. “Derivative Work” means a new or modified work that is based on or derived from a preexisting work, including, without limitation, a work that, in the absence of a license, would infringe the copyright in such preexisting work or that uses trade secrets or other proprietary information with respect to such preexisting work.

3. “Game” means the “Massively Multiplayer Online Role-Playing Game” or “Multiplayer Casual Online Game” or other game provided or serviced by Eyedentity, including the one to which this Agreement is appended.

4. “Intellectual Property Rights” means worldwide statutory and common law rights, existing now or in the future, associated with (a) issued patents, reissued or reexamined patents, revivals of patents, divisions, continuations and continuations-in-part of patents, all renewals and extensions thereof, utility models, and certificates of invention, regardless of country or formal name, published or unpublished nonprovisional and provisional patent applications, including the right to file other or further applications, reexamination proceedings, invention disclosures and records of invention; (b) works of authorship and visual artworks, including copyrights, moral rights, semiconductor topography and mask work rights, and all applications for registration, registrations, renewals and extensions of registrations thereof, together with all other interests accruing by reason of international copyright, semiconductor topography and mask work conventions; (c) proprietary information and materials, whether or not patentable or copyrightable, and whether or not reduced to practice, including without limitation all trade secrets, confidential information, business methods, ideas, research and development, inventions, designs, manufacturing and operating specifications and processes, know-how, formulae, customer and supplier lists, shop rights, designs, drawings, patterns, technical data, databases, data compilations and collections, computer programs, hardware, software and processes; (d) the trademarks, trade names, and service marks used by a party, whether registered or unregistered, together with the goodwill of the business associated therewith, and all applications for registration and registrations thereof, renewals thereof, the right to bring opposition and cancellation proceedings and any and all rights under the laws of trade dress, the respective stylistic marks and distinctive logotypes for such trademarks, trade names, and service marks and such other marks and logotypes as either party may designate from time to time in writing; and (e) all claims, causes of action and rights to sue for past, present and future infringement or use without consent of any of the foregoing rights.

5. “Service” shall mean the web sites provided by Eyedentity, its agents, designees, vendors or service providers and all related services and products, including, without limitation, Games hosted on servers controlled by Eyedentity, its agents, designees, vendors or service providers that are made available through the Internet for remote use by third parties.

6. “Software” means the Game software, in object code form only, and the media, Documentation and Updates for which you are granted a license pursuant to this Agreement.

7. “Term” shall have the meaning set forth in Section 9.

8. “Terms of Use” means Eyedentity's Terms of Use for the Service located at the official Website, as may be amended by Eyedentity from time to time.

9. “Updates” means the object code forms of any modifications, error corrections, bug fixes, new versions, or other updates of or to the Software that may be provided or otherwise made available hereunder by Eyedentity to you during the Term.

1. PRECONDITIONS OF THE GRANT OF LICENSE

The grant of license as set forth in Section 4 below is specifically conditioned upon the following:

1.1 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;

1.2 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;

1.3 You will use the Software only on an authorized device, running validly licensed copies of operating systems which the Game was designed to operate;

1.4 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

1.5 You will comply with all requirements and obligations of the Terms of Use which is specifically incorporated into this Agreement and is made a part hereof.

2. GAME ACCOUNTS

2.1 Game Accounts. To play the Game(s), you may be required to create and maintain a Eyedentity ID, a Game-specific account, and, in some cases, a platform specific account (e.g., an account with Valve Corporation if the Game is distributed through Steam). To use or create a Eyedentity ID, you must register, or have previously established, an account on usclassic.dragonnest.com. To use or create an account with a specific platform, you must register, or have previously established, an account with that platform.

2.2 Use of Eyedentity IDs. Creation and use of Eyedentity IDs, and subsequent use of are subject to the following terms and conditions:

2.2.1 When you create or update a Eyedentity ID, you must provide Eyedentity with accurate and up to date information that is personal to you, such as your name and email address. Eyedentity’s retention of your personal information is subject to Eyedentity’s Privacy Policy, located at the official Website

2.2.2 Your use of the Games to interact with Eyedentity and other players is governed by Eyedentity’s Terms of Use, which are available at the official Website. The Terms of Use are not meant to be exhaustive. The Terms of Use are incorporated into this Agreement by this reference, and are available for your review here.

2.2.3 Purchases, prices, taxes, refunds, chargebacks, payment disputes, and other payment-related matters are governed by the Terms of Sale. You are responsible for charges that you authorize or that are otherwise validly incurred through your account. If an authorized charge cannot be processed or is returned unpaid, reversed, charged back, or refunded, Eyedentity may require payment of the outstanding amount and may restrict, suspend, or terminate access as provided in the Terms of Sale and Operational and Abuse Policy. Unauthorized charges, account compromise, billing errors, and payment-provider errors will be handled in accordance with the Terms of Sale and applicable law.

2.3 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.

3. OWNERSHIP; GRANT OF LICENSE; RESTRICTIONS

3.1 Ownership. As between Eyedentity and you, Eyedentity 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 Eyedentity 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 Eyedentity'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.

3.2 Limited Grant of License. Subject to the terms and conditions of this Agreement, Eyedentity hereby grants you a non-exclusive, nontransferable, non-sublicensable, limited right and license, during the Term, to:

3.2.1 Install a copy of the Software on one or more computers under your legitimate control;

3.2.2 Access and use the Software, solely in accordance with the Documentation and solely for your own personal, non-commercial, entertainment purposes.

3.2.3 Except as set forth in this Section, no other right or license of any kind is granted by Eyedentity 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.

3.3 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:

3.3.1 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;

3.3.2 Exploit the Software, in its entirety or individual components, for any purpose not expressly authorized by Eyedentity Games, Inc., including, without limitation (i) gathering in-game currency, items, or resources for sale outside of Eyedentity’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.

3.3.3 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

3.3.4 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;

3.3.5 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 Eyedentity;

3.3.6 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 EYE Cash, DNP, Virtual Items (as defined in the Terms of Sale) to any third party whatsoever;

3.3.7 Host, provide or develop matchmaking services for the Software;

3.3.8 Intercept, emulate or redirect the communication protocols used by Eyedentity, 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, collect, 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;

3.3.9 Create, use or maintain any unauthorized connections to the Software;

3.3.10 Remove or alter any copyright, trademark, or other Intellectual Property Right notices, legends, symbols, or labels appearing on or in the Software;

3.3.11 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. ANY ATTEMPT BY YOU TO DISRUPT THE SOFTWARE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS;

3.3.12 Violate Eyedentity’s Terms of Use (which are available at the official Website); and

3.3.13 Use the Software for any purpose that (i) violates applicable law or regulation; or (ii) violates this Agreement.

4. SERVICE

4.1 Hosting of the Service. You acknowledge and agree that the Software is used to play the Game through the Service and that Eyedentity may, in its sole discretion, terminate or otherwise discontinue providing the Service at any time for any or no reason.

4.2 Updates. During the Term, Eyedentity may provide you with Updates as they are made generally available by Eyedentity. You acknowledge that, to the extent Eyedentity licenses some or all of the Software and/or other components of the Service from third party vendors (“Vendors”), such Vendors, and not Eyedentity, are responsible for creating Updates, if any, and making them available for installation or distribution. You acknowledge and agree that Eyedentity 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 Eyedentity hereunder shall be deemed part of the Software and shall be subject to the terms and conditions of this Agreement.

4.3 Game Policies. Your use of our Software and Service is conditioned on your acceptance of several different agreements. These agreements are listed below.

4.3.1 This End User License Agreement;

4.3.2 The Privacy Policy;

4.3.3 The Operational and Abuse Policy;

4.3.4 The Terms of Sale;

4.3.5 The Terms of Use;

4.3.6 Additional terms that govern particular features or offers (for example, our Code of Conduct, our User Generated Content Policy, etc.) ("Additional Terms"); and

4.3.7 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, or third-party identity provider terms).

4.4 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 Eyedentity 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 Use made available through the Service, as may be amended from time to time. Any changes to the Terms of Use 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 Use will constitute your acceptance of such changes.

4.5 Monitoring of the Service

4.5.1 Eyedentity 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. Eyedentity shall have the right to utilize recorded communications: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Eyedentity policy; (c) to protect Eyedentity’s legal rights and remedies; (d) to protect the health or safety of anyone that Eyedentity believes may be threatened; or (e) to report a crime or other offensive behavior.

4.5.2 The Software may use security or anti-cheat tools to detect unauthorized third-party programs, manipulation, or other activity that may affect the Game or Service. When the Software is launched or running, such tools may monitor the user's system, analyze software binaries, scan system memory, check running processes or applications and the use or activity of known or suspected unauthorized programs, check the integrity of Game or resource files, and generate or transmit related detection and diagnostic information to Eyedentity or the applicable security or anti-cheat provider. Depending on the tool, its configuration, the functions enabled, and the circumstances of a detection, information processed or transmitted may include account information; IP addresses and service- or tool-generated identifiers; device, hardware, operating-system, system, and driver information; information about detected programs or activities; detection date and time; information generated through binary or memory analysis; limited identifiers relating to files identified as suspicious, such as file names or one-way hash values; and related technical, log, performance, or crash information, as further described in the Privacy Policy. The specific information processed may vary depending on the tool and enabled functions. Eyedentity may use such information to detect, investigate, and prevent cheating, fraud, abuse, security incidents, and technical errors; protect the integrity of the Service; and enforce this Agreement and applicable policies.

5. CONFIDENTIAL INFORMATION

5.1 Confidential Information. You acknowledge that, in the course of using the Software and exercising your rights under this Agreement, you may obtain confidential information relating to the Software, the Service or Eyedentity and its Vendors or other parties (“Confidential Information”). Such Confidential Information shall, as between you and Eyedentity, belong solely to Eyedentity and shall include, without limitation, the Software (including any and all Derivative Works and Updates), trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, formulas, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and functional specifications, product requirements, problem reports, performance information, documents, and other technical, business, product, marketing, third party customers, and financial information, plans and data.

5.2 Use and Disclosure Restrictions. You hereby acknowledge and agree that the Confidential Information constitutes and contains valuable proprietary information and trade secrets of Eyedentity, and embodies substantial creative efforts and confidential information, ideas, and expressions. Accordingly, you agree: (a) to protect the Confidential Information from unauthorized dissemination and use; (b) to use the Confidential Information only for the performance of your obligations and in connection with the exercise of your rights hereunder; (c) not to disclose or otherwise provide to any third party, without the prior written consent of Eyedentity, any Confidential Information or any part or parts thereof; (d) to undertake whatever action is necessary to prevent or remedy (or authorize Eyedentity to do so in your name) any breach of your confidentiality obligations set forth herein; (e) not to remove or destroy any proprietary or confidential legends or markings placed upon or contained within the Software, or on any other Confidential Information provided to you by Eyedentity; and (f) not to develop any other materials, products, or services containing any of the concepts or ideas contained in the Software or Service or any other Confidential Information.

5.3 Exclusions. The foregoing restrictions pertaining to the Confidential Information shall not apply with respect to any Confidential Information that: (a) was or becomes publicly known through no fault of you; (b) was known by you before receipt from Eyedentity, as evidenced by your contemporaneous written records, (c) becomes known to you without confidential or proprietary restriction from a source other than Eyedentity that does not owe a duty of confidentiality to Eyedentity with respect to such Confidential Information; or (d) is independently developed by you without use of the Confidential Information. In addition, you may use or disclose Confidential Information to the extent (i) expressly approved by an authorized representative of Eyedentity in writing, and (ii) you are legally compelled to disclose such Confidential Information; provided, however, prior to any such compelled disclosure you shall cooperate fully with Eyedentity in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. Nothing in this Section restricts a good-faith consumer review, complaint, communication with a regulator or law-enforcement authority, or other disclosure protected by applicable law.

6. NO WARRANTY/LIMITATION OF LIABILITY

6.1 Disclaimer of Warranties. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EYEDENTITY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. EYEDENTITY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE, AND/OR THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SOFTWARE IS HOSTED AND/OR OPERATES, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SOFTWARE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF EYEDENTITY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE IN OR ON THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.

6.2 Limitation of Liability

6.2.1 EYEDENTITY AND ITS LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME OR SOFTWARE WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT EYEDENTITY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR SOFTWARE DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE, AND OTHER SERVICES, SOFTWARE AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE IN AN ACCURATE OR TIMELY MANNER.

6.2.2 Eyedentity does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable portions of the Software or continued operation or availability of any given server. Some states do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

6.2.3 Eyedentity is not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, Eyedentity cannot and does not promise or ensure that you will be able to access the online, multi-player or downloadable portions of the Software whenever you want, and there may be extended periods of time when you cannot access such portions of the Software.

6.2.4 NEITHER EYEDENTITY NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR EYEDENTITY'S OR OTHER ENTITIES' DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, EVEN IF EYEDENTITY (OR SUCH OTHER ENTITIES OR PERSONS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE, OR ANY PART THEREOF, IS TO STOP USING THE SOFTWARE. THE MAXIMUM AGGREGATE LIABILITY OF EYEDENTITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE TWENTY U.S. DOLLARS. NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY LIABILITY, RIGHT, OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6.3 Other. Without limiting the foregoing, Eyedentity shall have no obligations, responsibilities and/or liabilities if any nonconformance or failure of, or error in, the Software is caused by: (a) use of any attachment, feature, hardware, software or device in connection with the Software not supplied by Eyedentity; (b) transportation, neglect or misuse of the Software or any use of the Software that is not in accordance with this Agreement and/or the Documentation; (c) alteration, modification, or enhancement of the Software other than by Eyedentity; or (d) failure to provide a suitable installation or use environment for all or any part of the Software. This clause shall be valid and enforceable to the fullest extent permitted by law.

7. INDEMNIFICATION

As a condition of your access to and use of the Software, you hereby agree to indemnify, defend, and hold Eyedentity, our parents, subsidiaries, affiliates, independent contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against, any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your use, operation or combination of the Software with non-Eyedentity software, data, equipment or documentation if liability would have been avoided but for such use, operation, or combination; (b) your use of other than the then-current, unaltered version of the Software; (c) your activities after Eyedentity has notified you that Eyedentity believes such activities may result in infringement or otherwise violate the rights of Eyedentity or any third party; (d) any modifications to the Software made by you; (e) your breach or alleged breach of this Agreement; and (f) your violation of any applicable law or the rights of any other person.

8. CHANGES

8.1 Alterations to the Agreement. Eyedentity may create updated versions of this Agreement (each a “New Agreement”) as the Software, the Games, and the law evolve. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms. If you accept the New Agreement, and if your Software-related account remains in good standing, you will be able to continue using the Software subject to the terms of the New Agreement. If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Software.

8.2 Changes to the Software. Eyedentity may change, modify, suspend, or discontinue any aspect of the Game(s) or Software at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. Eyedentity may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability.

9. TERM AND TERMINATION

9.1 Term. This Agreement shall commence on the date you indicate your acceptance of this EULA and shall continue until termination in accordance with this Section.

9.2 Termination. This Agreement shall remain effective until terminated in accordance with its terms. You may terminate this Agreement at any time by uninstalling all aspects of the Software to which you have access. Requests to delete an account or Personal Information will be handled in accordance with the Privacy Policy and applicable law. Eyedentity may suspend, restrict, or terminate access to the Software or Service if you violate this Agreement, the Terms of Use, or other applicable agreements, or where Eyedentity reasonably determines that action is necessary to protect the Software, Service, users, or Eyedentity. Enforcement actions may be taken in accordance with the Operational and Abuse Policy, where applicable. Eyedentity may take immediate action without prior notice where reasonably necessary for security, fraud or abuse prevention, investigation, or Service integrity. Service-wide discontinuation will be handled separately, subject to applicable law and, where applicable, the Terms of Sale.

9.3 Effect of Termination. Upon the expiration or termination of this Agreement, all rights and licenses granted to you hereunder shall immediately terminate. Upon termination or expiration of this Agreement, you shall, at your sole expense, return to Eyedentity (or destroy, at Eyedentity's sole election) all Software and Confidential Information (and all copies and extracts thereof) then in your possession or under your control. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not act as a release of your liability for breach of your obligations under this Agreement. Eyedentity shall not be liable to you for damages of any kind solely as a result of terminating this Agreement in accordance with its terms. Eyedentity's termination of this Agreement shall be without prejudice to any other right or remedy that it may have at law or in equity, and shall not relieve you of breaches occurring prior to the effective date of such termination. The provisions of Sections 1, 2, 4, 6, 7, 8 and 11 shall survive the expiration or any termination of this Agreement.

10. DISPUTE RESOLUTION

10.1 Disputes

Before initiating arbitration or a court proceeding for a Dispute, except as provided in Section 10.4 or where prohibited by applicable law, the party asserting the Dispute will provide written notice describing the nature of the Dispute and the relief sought. Notice to Eyedentity may be submitted using the contact information made available on the official Website. The parties will attempt in good faith to resolve the Dispute informally for at least thirty (30) days after receipt of the notice, unless the parties agree otherwise.

10.2 Binding Arbitration

If a Dispute is not resolved through the informal resolution process described in Section 10.1, then the Dispute must be submitted to binding arbitration (except for the circumstances described in Section 10.4). Arbitration of a Dispute shall be a final and binding determination on you and Eyedentity. You should review this provision carefully. This arbitration provision limits your and Eyedentity's ability to litigate claims in court, and you and Eyedentity each agree to waive your respective rights to a jury trial. The arbitration shall be commenced and conducted under the Streamlined Rules of the Judicial Arbitration and Mediation Service (“JAMS”) or, where appropriate, the JAMS International Rules, both of which are available at the JAMS website (www.jamsadr.com). Where applicable to a consumer arbitration, the JAMS Consumer Arbitration Minimum Standards will apply. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND EYEDENTITY ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

10.3 Restrictions

You and Eyedentity agree that any arbitration shall be limited to the Dispute between Eyedentity and you individually. You acknowledge and agree that: (a) a claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and Eyedentity; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) you will not have the right to participate as a class representative, private attorney general, or as a member of any class of claimants for any claim subject to arbitration. Any dispute regarding the prohibitions in this Section 10.3 shall be resolved by the arbitrator in accordance with this Agreement.

10.4 Exceptions to Negotiation and Arbitration

You and Eyedentity agree that the following Disputes are not subject to the negotiation and binding arbitration provisions above: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Eyedentity's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; (d) any claim within the jurisdictional limits of the small claims courts; and (e) any claim you are authorized to bring to the attention of any federal, state, or local government agency that can, if the law allows, permit that agency to seek relief from us on your behalf.

10.5 Location of Arbitration

If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For all other users, any arbitration shall be initiated in the County of Santa Clara, State of California, United States of America. Any Dispute not subject to this Section shall be decided by a court of competent jurisdiction within the County of Santa Clara, State of California, United States of America, and you and Eyedentity agree to submit to the personal jurisdiction of that court.

10.6 Governing Law

For Disputes not subject to arbitration under this Section 10, You agree that this Agreement shall be deemed to have been made and executed in the State of California, U.S.A., and any Dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by you against Eyedentity shall be commenced and maintained exclusively in any state or federal court located in Santa Clara County, California having subject matter jurisdiction with respect to the dispute between the parties, and you hereby consent to the exclusive jurisdiction of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, regardless of your place of residence.

10.7 Attorneys' Fees

If any legal action, including arbitration or an action for injunctive relief, is brought relating to this Agreement or its breach, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, may recover reasonable expenses, including court costs, arbitration fees, and attorneys' fees, to the extent permitted by applicable law and the applicable arbitration rules.

10.8 Severability of Dispute Resolution

You and Eyedentity agree that if any portion of this Section 10 is found illegal or unenforceable, such portion shall be severed and the remainder of this Section 10 shall be given full force and effect to the extent permitted by applicable law.

10.9 Non-Waivable Rights
Nothing in this Section 10 limits any right or remedy that cannot be waived under applicable law. Any mandatory law that prohibits or limits arbitration, class-action waivers, venue requirements, fee shifting, or another provision of this Section will apply to the extent required.

11. GENERAL PROVISIONS

11.1 Assignment. This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Eyedentity. Eyedentity may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.

11.2 Waiver. The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

11.3 Severability. If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

11.4 Export Controls. You must comply with applicable U.S. export-control and economic-sanctions laws and regulations in your use of the Service, including restrictions involving embargoed destinations, prohibited end uses, and persons or entities identified on applicable U.S. restricted-party lists, as updated from time to time.

11.5 Captions and Section Headings. The captions and section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.

11.6 Equitable Relief. You acknowledge and agree that due to the unique nature of this Agreement, there can be no adequate remedy at law to compensate Eyedentity for your breach or threatened breach hereof; that any such breach or threatened breach will allow you or third parties to compete unfairly with Eyedentity resulting in irreparable harm to Eyedentity that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Eyedentity shall be entitled to seek injunctive and other appropriate equitable relief (without the necessity of proving actual damages, except where prohibited by applicable mandatory laws, or of posting a bond), in addition to whatever remedies it may have at law, hereunder, or otherwise.

11.7 No Waiver. Our failure to enforce any provision of this Agreement or any applicable agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement or any applicable agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

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