PotPlayer End User License Agreement

Please read the following agreement carefully before installing and using PotPlayer Software (“Software”).

The PotPlayer End User License Agreement (the “Agreement”) is a binding agreement between Kakao Corp (the “Company”) and licensee businesses, and individual users.
PotPlayer最终用户许可协议(“协议”)是Kakao Corp(“公司”)与许可业务和个人用户之间的约束性协议。

The Software includes online services using wired and wireless networks, software products included in the services and all combinations of alpha and beta release, freeware and pay versions of such products.

This Software is a freeware product developed for Kakao members, software suppliers and licensed service providers and their users. The user may freely install and use the Software at home, in workplace, and in other places such as internet cafés, schools, government offices for the purpose of viewing media files on the User’s computer. (This Software is not subject to software copyright laws).

By clicking on the “I Agree” button or installing, copying or otherwise using the Software, you will be deemed to have agreed to the terms of this Agreement. If you do not agree to the terms of this Agreement, click the “Cancel” button or do not use (including installing, copying or otherwise using the Software; hereinafter referred to as the same) this Software on your computer.

By using this Software, you will be deemed to have read, understood, and agreed to the terms of this Agreement.

Article 1 (Statement, Effect and Amendment of the Agreement)

  1. (1) This Agreement will be made available for the user to read during the installation of the Software and will become effective when the User agrees to the terms of this Agreement.
    (1) 本协议将在用户安装软件时提供给用户阅读,并在用户同意本协议条款时生效。
  2. (2) If deemed necessary, Kakao may amend this Agreement within the extent permitted by relevant laws and regulations. In the event Kakao amends this Agreement, Kakao will post the amended Agreement with its effective date and reasons for amendment along with the then-current Agreement on the relevant screen for seven (7) days prior to the effective date of the amended Agreement until the day before the effective date.
  3. (3) The user is entitled not to agree to the amended Agreement. The user will be deemed to have accepted any amendments if he or she does not express objection although the Company has notified that amendments are to be made and the user will be deemed to have accepted them if an objection is not received within fifteen (15) days after receiving notice of the amendment.
    (3) 用户有权不同意修改后的协议。如果用户在公司通知要进行修改的情况下未表示反对,则视为用户已接受任何修改,并且如果在收到修改通知后的十五(15)天内未收到反对意见,则视为用户已接受修改。
  4. (4) The Company may not incorporate any amendment without the consent of the user, and in this case, the user may choose to terminate the service agreement. However, in the event that the existing agreement cannot be applied for special reasons, the Company may terminate the service agreement with the user who has expressed objection to the amended Agreement.
    (4) 公司未经用户同意不得进行任何修改,用户可以选择终止服务协议。然而,如果因特殊原因无法适用现有协议,公司可以终止与对修改协议表示反对的用户的服务协议。

Article 2 (Obligations of the Company)

  1. (1) The Company grants the user the right to install and use the Software for free.
    (1) 公司授予用户免费安装和使用软件的权利。
  2. (2) In the case of any technical errors in its equipment or the Software or losses thereto, the Company will repair or restore such equipment or the Software without delay unless unavoidable circumstances exist in order to provide consistent and stable services.
    (2) 在其设备或软件出现任何技术错误或损失的情况下,除非存在不可避免的情况,否则公司将立即修复或恢复该设备或软件,以提供一致稳定的服务。
  3. (3) If the Company objectively considers any suggestion or complaint submitted by the user to be reasonable, it will immediately handle such suggestion or complaint pursuant to appropriate procedures. However, where it is difficult to immediately handle such suggestion or complaint, the Company will notify the user of the reason for such delay and the expected timeline for handling the suggestion or complaint.
    (3) 如果公司客观地认为用户提交的任何建议或投诉是合理的,将立即根据适当的程序处理该建议或投诉。然而,如果难以立即处理该建议或投诉,公司将通知用户延迟处理的原因以及预计处理该建议或投诉的时间。
  4. (4) If there are any updates to the Software, the Company will immediately provide the updated Software to the user. However, certain functions of the Software that have already been provided to the user may not be available depending upon the update status.
    (4) 如果软件有任何更新,公司将立即向用户提供更新后的软件。然而,根据更新状态,已经提供给用户的某些软件功能可能无法使用。
  5. (5) The Company operates a security system to protect the user’s personal information, and publicly announces and complies with its Privacy Policy.
    (5) 公司运营着一个安全系统,用于保护用户的个人信息,并公开宣布并遵守其隐私政策。

Article 3 (Obligations of the User)

  1. (1) The user may not modify, reverse engineer, decompile or disassemble the Software.
    (1) 用户不得修改、反向工程、反编译或反汇编软件。
  2. (2) The user may not use, copy, translate, redistribute, retransmit, publish, sell, rent, lease, trade, resell, pledge, offer as security, transfer, change, modify, or expand the Software either in part or in its entirety.
    (2) 用户不得使用、复制、翻译、重新分发、重新传输、发布、销售、出租、租赁、交易、转售、抵押、作为担保提供、转让、更改、修改或扩展软件,无论是部分还是全部。
  3. (3) The user may not use the Software to provide commercial services without the Company’s prior permission.
    (3) 用户未经公司事先许可,不得使用该软件提供商业服务。
  4. (4) The user must not infringe the intellectual property rights of the Company or any third party through the use of the Software.
    (4) 用户在使用软件时,不得侵犯公司或任何第三方的知识产权。
  5. (5) The user shall comply with this Agreement and any applicable laws and regulations, and refrain from engaging in any conduct that may interfere with the business of the Company or damage its reputation.
    (5) 用户应遵守本协议和适用的法律法规,并且不得从事任何可能干扰公司业务或损害其声誉的行为。
  6. (6) The Company is not liable for any illegal act such as defamation of a third party, distribution or transmission of obscene material and other information contrary to public order and decency, etc. and the result of any breach of this Agreement. The User is solely held liable for such actions.
    (6) 公司对于任何非法行为,如诽谤第三方、传播或传输淫秽材料和其他违反公共秩序和道德的信息等,以及违反本协议的任何后果,不承担责任。用户对此类行为负全部责任。

Article 4 (Software Copyright)

  1. (1) Ownership of, and copyrights in and to, the Software and relevant documentation will belong to the Company.
    (1) 软件及相关文档的所有权和版权将归公司所有。
  2. (2) The Software, its source technology and relevant documentation are protected in accordance with international copyright laws and conventions.
    (2) 该软件及其源技术和相关文档受国际版权法律和公约的保护。
  3. (3) The user does not have ownership over the Software, and is only granted the right to use the Software.
    (3) 用户对软件没有所有权,只被授予使用软件的权利。

Article 5 (Collection and Use of Data and Other Information)

  1. (1) The Company may collect and use data from the user’s computer as a part of its product support services which are provided to the user in connection with the Software. Data that may be collected solely include the type of an operating system, type of CPU, memory capacity, type of graphic card, Directx version, media player version, type of webcam and TV reception card used on the user’s computer.
    (1) 公司可以收集和使用用户计算机上的数据作为其与软件相关的产品支持服务的一部分。可能收集的数据仅包括操作系统类型、CPU类型、内存容量、显卡类型、Directx版本、媒体播放器版本、摄像头类型以及用户计算机上使用的电视接收卡类型。
  2. (2) The Company will use the collected data mentioned above only for the purpose of improving the Software or providing service or technology that is suitable to the user environment, and will not use such data for any other purposes.
    (2) 公司将仅使用上述收集的数据来改进软件或提供适合用户环境的服务或技术,并不会将此类数据用于其他任何目的。

Article 6 (Agreement to the Use of Data Transfer Technology)

To facilitate the transfer of data streaming, the Company may use a technology which relays data transfer between the users in its services. The user agrees in the Agreement that he or she may relay transfer steaming data to another user and also agree to the receipt of relay transfer of streaming data to another user, through a network device installed on the user’s computer.

Article 7 (Limitation of Liability)

  1. (1) The Company does not guarantee that the data and other information provided through the Software are accurate or will be in compliance with applicable copyright laws, except for data and information that are directly created or prepared by the Company.
    (1) 公司不保证通过软件提供的数据和其他信息准确无误,也不保证其符合适用的版权法律,除非这些数据和信息是由公司直接创建或准备的。
  2. (2) The Company is not responsible for any losses or damage incurred to the user due to the installation, use or non-use of the Software except where such losses or damages are caused by the willful misconduct or gross negligence of the Company.
    (2) 公司对用户因安装、使用或不使用软件而遭受的任何损失或损害不承担责任,除非该损失或损害是由公司的故意不当行为或重大过失造成的。
  3. (3) The Company is not responsible for any loss of actual or anticipated profits of the user from their use of the Software.
    (3) 公司对用户因使用软件而导致的实际或预期利润损失不承担任何责任。
  4. (4) The Company is not responsible for, and will not be obligated to be involved in, any disputes that arise between users and between a user and a third party in connection with their use of the Software.
    (4) 公司对于用户之间以及用户与第三方之间因使用软件而产生的任何争议概不负责,也不会有义务参与其中。

Article 8 (Termination and Damages)

  1. (1) If a user fails to comply with this Agreement, the Company may terminate this Agreement with the user. Upon such termination, the user must uninstall and delete all copies of the Software and its components from his/her computer.
    (1) 如果用户不遵守本协议,公司可以终止与用户的协议。在此终止后,用户必须从他/她的计算机中卸载并删除所有软件及其组件的副本。
  2. (2) The user may, at any time, terminate this Agreement by uninstalling and deleting the Software from his/her computer.
    (2) 用户可以随时通过卸载并删除计算机上的软件来终止本协议。
  3. (3) If the Company incurs any damages due to a user or as a result of a user’s failure to comply with this Agreement as set forth in Paragraph (1) above, the Company may file a claim for damages against such user. Further, any costs or penalties which have been incurred or imposed as a result of the inappropriate use of the Software by a user prior to the termination of this Agreement with such user will survive the termination of this Agreement and remain outstanding and payable to the Company.
    (3) 如果公司因用户或用户未能遵守本协议而遭受任何损害,公司可以对该用户提起损害赔偿的诉讼。此外,在与该用户终止本协议之前,由于用户对软件的不当使用而产生的任何费用或罚款将继续存在并应向公司支付。

Article 9 (Additional Rules)

Any matter that is not stipulated in this Agreement will be governed by applicable law and regulation as well as general commercial practices.

Article 10 (Dispute Resolution)

The Agreement shall be construed and enforced under the laws of Korea. All disputes between the Company and the user relating to use of the Software shall be exclusively submitted to the court having jurisdiction over the matter in accordance with the Korean Civil Procedure Act.

Supplementary Provision 附则

This Agreement shall take effect as of April 9, 2007.