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.

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.
  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.
  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.

Article 2 (Obligations of the Company)

  1. (1) The Company grants the user the right to install and use the Software for free.
  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.
  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.
  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.
  5. (5) The Company operates a security system to protect the user’s personal information, and publicly announces and complies with its Privacy Policy.

Article 3 (Obligations of the User)

  1. (1) The user may not modify, reverse engineer, decompile or disassemble the Software.
  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.
  3. (3) The user may not use the Software to provide commercial services without the Company’s prior permission.
  4. (4) The user must not infringe the intellectual property rights of the Company or any third party through the use of the Software.
  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.
  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.

Article 4 (Software Copyright)

  1. (1) Ownership of, and copyrights in and to, the Software and relevant documentation will belong to the Company.
  2. (2) The Software, its source technology and relevant documentation are protected in accordance with international copyright laws and conventions.
  3. (3) The user does not have ownership over the Software, and is only granted the right to use the Software.

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.
  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.

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.
  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.
  3. (3) The Company is not responsible for any loss of actual or anticipated profits of the user from their use of the Software.
  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.

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.
  2. (2) The user may, at any time, terminate this Agreement by uninstalling and deleting the Software from his/her computer.
  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.

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

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