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ABLUR End User License Agreement

  • By downloading, installing, or using all or any portion of the ABLUR software provided by Carpenstreet Inc. (hereinafter referred to as the “Company”), you agree to this ABLUR Software End User License Agreement (hereinafter referred to as the “Agreement”). You agree that this Agreement has the same legal binding force as any other written agreement.
  • If you do not agree to all the terms of this Agreement, do not download, pay for, or use the Software. If you have paid the license fee for the use of the Software but do not agree to this Agreement, you may receive a refund in accordance with Section 5.
  • By agreeing to this Agreement, you represent that you have the legal capacity to enter into a binding contract.
  • If you are using the Software as an employee, contractor, or agent of a corporation, partnership, or similar entity, you must have the authority to agree to and sign the terms of this Agreement on behalf of such entity. The license granted under this Agreement is conditioned upon acceptance by such authorized representative.
  • If there is a separate agreement between you and the Company regarding the Software, the terms of such separate agreement shall prevail over all terms of this Agreement. If you have entered into a separate written agreement with the Company regarding the Software, such agreement shall apply to the use of the Software.
  • This Agreement is entered into between the Company and you, the end user who has downloaded or otherwise procured the Software (as defined below). This Agreement applies to all software provided with the Software and any supporting user or technical documentation (hereinafter referred to as the “Documentation”).
  • This Agreement includes ABLUR’s usage-related documentation, sample files, modified versions, upgrades or enhancements, all subsequent versions, and copies.
  • This Agreement is governed by the laws of the Republic of Korea. The legal effect of this Agreement is based solely on the Korean original, and any translations are provided for reference purposes only for the user’s convenience.

0. Purpose 

The purpose of this Agreement is to define the rights, obligations, related procedures, and responsibilities between you and the Company regarding the use of the Company’s software product, ABLUR.


1. Definitions 

The terms used in this Agreement are defined as follows, and interpretations of undefined terms shall follow relevant laws and regulations and separate guidelines provided at the download site.

  1. ABLUR or Software: Refers to the 3D software provided by the Company based on the Unreal Engine.
  2. Acon: Refers to the web platform that manages the ABLUR login server.
  3. User: Refers to a customer who, after agreeing to this Agreement, installs and uses ABLUR via an Acon account.
  4. Model: Refers to all digital products available for use in ABLUR, meaning works for which the primary creator holds the copyright.
  5. Effective Date: The earlier of the date on which the User signs the order form or the date on which the Software is first provided to the User.
  6. Software: Refers to the software products provided by the Company in object code form for desktop, mobile, or server computing devices in connection with ABLUR or this Agreement. The Software includes all releases provided or purchased under a separate support and maintenance agreement that may be entered into with the Company.
  7. Third-Party Software: Refers to all third-party software provided by the Company under separate terms of use.
  8. License: Refers to the time-limited right for the User to use ABLUR pursuant to a separate agreement between the Company and the User, such as through purchase.


2. License 

2.1. Grant of License 

  1. The Company grants the User a license to the ABLUR Software for use on computers and operating systems in accordance with this Agreement. Such license is worldwide, non-transferable, non-sublicensable, and non-exclusive.
  2. The license under Paragraph 1 grants the right to use the Software subject to any additional license periods, subscription periods, or other restrictions on users, usage rights, computers, fields of use, or other limitations specified in this Agreement or at the time of purchase.
  3. Under this Agreement, the Company grants the User a license to input, upload, download, reproduce, copy, modify, create derivative works from, publicly perform and display, and revise content provided through the normal operation of the Software. Such license is non-transferable, non-sublicensable, and non-exclusive.

2.2. License Purchase 

  1. The User may purchase a usage license for the Software in accordance with Section 5.
  2. The Company shall make licenses for the Software available on the service site or within the Software, and the use of each type of license shall be governed by this Agreement.

2.3. Installation 

  1. The Company may provide the Software and Documentation on disk or other media or make it available for download in electronic form.
  2. The Company shall provide the User with login or other activation mechanisms as necessary to permit licensing of the Software.
  3. All licenses shall become effective as of the Effective Date and shall be deemed delivered.

2.4. Device Restrictions 

  1. Unless otherwise specified in this Section, and subject to the User’s full payment of the applicable license fee, the User may install and use the Software on a maximum of one computer or device at a time.
  2. If the Software is completely removed or logged out from a previous computer or device, the User may install and use the Software on another computer or device.
  3. In the case of enterprise licenses, the User may copy and install the Software on the User’s computers or devices for use solely by the User’s employees, up to the number of copies for which the license fee has been paid. Enterprise licenses shall be governed by separate agreements.

2.5. User Account 

  1. Account Creation
    To use the Software, a valid user account (hereinafter referred to as the “User Account”) must be created. The User Account can be created by signing up and logging in with a currently valid Acon account (a username/password combination issued by Acon). The Company may publicly display the username and profile picture (if any) associated with the User’s Acon account. The User may not create more than one User Account per individual user.
  2. Account Security
    The User is solely responsible for maintaining the confidentiality of passwords and account credentials, and agrees that failure to do so may result in the Company terminating the User’s access to the Software and other services. The User is also solely responsible for all activities occurring under the User’s account. The User agrees to promptly notify the Company of any unauthorized use of the account or other security breaches. The Company shall not be liable for any losses arising from another person’s use of the User’s password or account, unless due to the Company’s intent or negligence.
  3. User’s Personal Information
    Personal identifying information submitted by the User to receive products or services, or to create or authenticate the User’s account, shall be processed in accordance with Section 3.4 (Personal Information).

2.6. License Restrictions 

The User shall not engage in, and shall not permit any third party to engage in, any of the following acts:

  1. Decompiling, disassembling, or otherwise reverse engineering the Software, or attempting to reconstruct or discover the Software’s source code, underlying ideas, algorithms, file formats, or programming interfaces (except where reverse engineering is permitted by applicable law).
  2. Distributing, selling, sublicensing, renting, leasing, or using the Software (or any portion thereof) for time-sharing, hosting, service provider, or similar purposes.
  3. Removing any product identification, proprietary, copyright, or other notices contained in the Software.
  4. Copying (except as expressly permitted by this Agreement), modifying, or translating any portion of the Software, creating derivative works from any portion of the Software, or integrating the Software into or with other software, except as expressly approved in writing by the Company.
  5. Attempting to circumvent or disable security key mechanisms that protect the Software from unauthorized use (except where such actions are permitted by applicable law).
  6. Publicly disseminating performance information or analysis (including benchmarks) related to the Software’s sources.
  7. Using or hosting the Software in a virtual server environment.
  8. Merging the Software with other data, information, or content.
  9. Using the Software for any purpose other than as expressly permitted by this Agreement, including but not limited to commercial purposes such as redistribution or publication for fees or other consideration, or use in advertising, marketing, or promotional materials.
  10. Creating more than one User Account per individual user.
  11. Distributing or posting the Software or derivatives thereof in any form not expressly permitted by this Agreement without prior separate consent from the Company.

2.7. Trial Software 

  1. Under this Agreement, the User may use the Software free of charge for evaluation purposes only for a period of 14 days or such other period as agreed in writing by the Company in advance (hereinafter referred to as the “Trial Period”).
  2. To begin the trial, the User must log in with a valid User Account and activate the trial. The remaining Trial Period will be displayed within the Software.
  3. Upon expiration of the Trial Period, the Software will automatically cease functioning in whole or in part.
  4. Trial licenses cannot be extended or renewed upon expiration.
  5. Unless otherwise agreed by the Company in advance, only one trial license per licensed user is permitted.

2.8. Integrated Services 

  1. The Software may support integration with certain software or services provided separately by third parties (hereinafter referred to as “Integrated Services”).
  2. To enable the Software to communicate with such Integrated Services, the User may need to input credentials for the Integrated Services. By activating the Software with the Integrated Services, the User authorizes the Company to access the User’s account through the Integrated Services and authenticate them.
  3. The User is solely responsible for complying with the relevant terms of the Integrated Services and maintaining the account in good standing with the provider of the Integrated Services.
  4. The Company does not guarantee that the Software will maintain integration with the Integrated Services, and the Company may disable the integration between the Software and the Integrated Services at any time without prior notice to the User. For additional information and terms of use, refer to the following and Section 12.11 (Third-Party Software and Content).
  5. Software Activation and Metering, Software Updates, Consent to Data Use, Personal Information


3. Software Activation and Metering 

3.1. Software Activation and Metering 

  1. The Company may use the User’s internal network and internet connection to transmit license-related data and verify the authenticity of such data during Software installation, registration, use, or updates, for the purpose of registering the Software and protecting the Company from unauthorized or illegal use of the Software.
  2. The Company may include built-in license metering technology (hereinafter referred to as “Metering Modules”) in the Software to help prevent violations of this Agreement. The User agrees that such Metering Modules may send online notifications to the Company to verify Software usage. The User shall not disable, modify, or interfere with the operation of the Metering Modules.
  3. The Company may use the User’s internal network for license metering purposes.
  4. The Company shall use information obtained under this Section solely for the purposes specified herein.

3.2. Software Updates 

  1. The Software may notify and alert the User when software updates are available. The Software may allow the User to automatically request and receive updates. In principle, the User may choose whether to proceed with updates; however, the Company may designate updates as mandatory or disable certain Software versions if necessary for stable operation of the Software.
  2. The tasks under Paragraph 1 are not performed automatically, so the User must download and install software updates on the computer. Updates include maintenance releases, bug fixes, and minor updates for the current version of the Software.
  3. Files essential for Software updates may be installed on the User’s computer without the User’s consent.
  4. Update methods may be changed at any time to enhance updates to the User’s computer.

3.3. Consent to Data Use 

  1. The Company may collect and use, directly or through third parties, technical information, information about the User, and/or data provided by the User in connection with the User’s use of the Software or the provision of maintenance and technical support for the Software.
  2. The Company shall not use such information in a form that personally identifies the User, except as necessary to provide maintenance and technical support, request feedback on the Software, provide important updates, notify of pre-release software, or improve the Software.
  3. The User acknowledges that, to the extent permitted by law, the Company has no responsibility for the storage of the User’s data or information.
  4. Information that the Company may collect includes, but is not limited to, the following, and additional information may be collected without the User’s consent: (1) Non-personally identifiable information such as the User’s computer operating system and registered information, ABLUR version, and error information. (2) Information on the User’s usage patterns and interactions within the program for improving program usability. (3) IP information for providing customized languages by country/region and verifying usage patterns by country.

3.4. Personal Information Protection 

  1. The Company collects and uses the User’s personal information in accordance with the Acon Privacy Policy available at https://www.acon3d.com/en/policy/privacy.
  2. Information collected by the Company in connection with the User’s Software license and use may be stored and processed in the Republic of Korea or any other country where the Company or its agents maintain facilities.
  3. The Company may access, retain, and disclose the User’s account information if required by law or if access, retention, or disclosure is reasonably necessary, including for the following: (a) To comply with applicable laws, regulations, legal processes, or government requests. (b) To enforce this Agreement, including investigation of potential violations. (c) To detect, prevent, or address fraud, security, or technical issues (including but not limited to spam filtering). (d) To respond to User support requests. (e) To protect the rights, property, or safety of the Company, Users, or the public as necessary.
  4. The Company shall not be liable for the exercise or non-exercise of the User’s rights under this Agreement, unless due to the Company’s intent or negligence.


4. Rights 

4.1. Ownership 

  1. Notwithstanding any conflicting provisions in this Agreement, except for the limited license rights expressly provided herein, the Company retains all intellectual property rights, title, and interest in the Software and all copies, modifications, and derivatives thereof (including but not limited to all patents, copyrights, trademarks, trade secrets, and other intellectual property rights), including any changes incorporating the User’s ideas, feedback, or suggestions.
  2. The User acknowledges that it acquires only limited license rights to the Software and that no intellectual property rights or title are transferred to the User under this Agreement or any other agreement.

4.2. 4.2. Intellectual Property Rights 

  1. Copyright and other intellectual property rights in works created by the Company belong to the Company. However, for works such as Models provided to the Company for the creation of such works, the copyright belongs to the primary creator, and the Company and the User have usage rights thereto.
  2. Copyright in works created by the User using ABLUR belongs to the User. However, in such cases, the copyright in works with an original author belongs to the original author, and the User has a perpetual right to reproduce, display, publicly transmit, distribute, perform, and rent the created works.
  3. This Agreement shall not be construed as granting any rights to use the Company’s trademarks or trade names under any circumstances.


5. Payment and Refunds 

  1. The User must pay all fees related to the purchased services and licenses as specified on the service site or in a separate agreement. 

  2. All payments must be made in advance before delivery of the Software license, unless otherwise specified in writing by the Company.

  3. Payment of usage fees shall be made in the following manners:
    Recurring Payment: Prepayment of the basic service fee for one month on the designated monthly payment date.
    One-Time Payment: Prepayment of the fee before the provision of each service.
    Annual Payment: One-time payment of the basic service fee for one year.

  4. The User may request a refund under this Agreement via [Customer Center] - [1:1 Inquiry] within 7 days from the date of receiving the written confirmation of the license purchase or within 7 days from the date the Software supply began (or, if no such written confirmation was received, within 7 days from the date the Company’s address was known or could have been known).

  5. Notwithstanding Section 5.4, refunds may be restricted if the User has commenced use of the license. However, this does not apply to the remaining period for which provision has not commenced. 

  6. Notwithstanding Sections 5.4 and 5.5, if the content of the service differs from the displayed or advertised content or is performed differently from the contract terms, the User may request a refund within 3 months from the date of receiving the service, or within 30 days from the date the fact was known or could have been known. 

  7. The Company shall refund the payment within 3 business days from the date of the User’s refund request. If the User paid by credit card or similar means, the Company shall promptly request the payment provider to suspend or cancel the charge; if payment has already been received, the Company shall promptly refund it to the payment provider and notify the User.

  8. The User is responsible for all taxes, withholdings, duties, and levies arising from the order.

  9. If the User’s fee plan changes, the payment method remains the same, and the fee shall be calculated excluding the period used, with additional payment or refund as applicable. Refund methods shall follow the Company’s guidelines.


6. Use 

  1. The User must comply with the provisions of this Agreement, other regulations and notices set by the Company, and relevant laws and regulations in the region where the Software is used, and shall not engage in acts that interfere with the Company’s business or damage the Company’s reputation.
  2. The User shall not attempt to access servers or telecommunications facilities providing ABLUR by methods not permitted by the Company.
  3. The User shall not use Models, for which the primary creator holds the copyright, for commercial purposes such as redistribution or sale of the Models themselves without the Company’s prior approval, nor permit third parties to do so. Upon detection of such acts, the Company may impose usage restrictions on ABLUR and claim damages through lawful procedures.
  4. The User shall not use ABLUR in conjunction with any device, software, or service designed to circumvent technical measures protecting content or other copyrights.
  5. The User is responsible for complying with all relevant laws, regulations, and codes of practice in the use of the Software and all results derived therefrom.
  6. If the Company imposes usage restrictions pursuant to Paragraph 3, it shall promptly notify the User of the details. The User receiving such notice may object to the content within 14 days from the date of receipt.


7. Agreement  

7.1. Term of Use 

  1. This Agreement becomes effective as of the Effective Date and expires at the time all licenses and subscriptions under this Agreement expire in accordance with their terms (hereinafter referred to as the “Term”).

7.2. Termination 

  1. The Member may request termination of this Agreement at any time, and the Company shall process it promptly in accordance with relevant laws. Additionally, if one party falls under any of the following, the other party may immediately terminate this Agreement by written notice: 
    1. Failure to remedy a material breach of these terms within 30 days after written notice of such breach.
    2. If the Company ceases business operations without further action.
    3. If bankruptcy protection, receivership, security trust, debt arrangement agreement, compromise, or equivalent legal proceedings are filed or initiated (and not withdrawn within 60 days).
  2. If the Member enters into and terminates a separate written agreement with the Company, this Agreement shall automatically terminate, and the User shall lose all rights to use the Software.
  3. Upon expiration or termination of this Agreement, the User must cease all use of the Software, destroy all copies, and, if requested by the Company, provide written certification thereof.
  4. The Company may discontinue provision of ABLUR due to termination of partnerships or other significant business reasons preventing continuation of the service.
  5. If the Company intends to terminate the service, it shall individually notify Members by email, pop-up screen, etc., at least 3 months prior to the termination date.
  6. If the Company transfers its business or delegates the service to a third party, it shall notify Members at least 14 days prior to the transfer or delegation commencement date. Members who do not consent may withdraw membership in accordance with Section 8.
  7. After service termination pursuant to Paragraph 5, Users shall not receive refunds or other services from the Company, and unless otherwise specified, no separate compensation shall be provided to Users.

7.3. Survival 

Sections 2.5 (License Restrictions), 4 (Ownership), 5 (Payments), 6.3 (Survival), 8 (Disclaimer of Warranties), 9 (Indemnification), 10 (Remedies and Limitation of Damages), 11 (Confidential Information), 12 (Export Compliance, Legal Compliance), and 13 (General) shall survive termination or expiration of this Agreement.

7.4. Amendments 

  1. The Company may amend this Agreement within the scope not violating relevant laws such as the Act on Consumer Protection in Electronic Commerce, the Act on Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Content Industry Promotion Act, and shall notify Members of the amended contents. 

  2. If the Company intends to amend this Agreement, it shall specify the effective date and reasons for amendment, and post the amended Agreement alongside the current one from 14 days prior to the effective date until the day before the effective date. However, changes to important provisions regarding the User’s rights or obligations shall be notified at least 30 days in advance, and the amended Agreement shall be sent to the User’s registered email or similar means. Notification of the amended Agreement shall be made clearly to Users through one or more of the specified methods:
    (1) Posting on the website. 
    (2) Notification by email. 
    (3) Other notification methods determined by the Company. 

  3. If the Company notifies the amended terms pursuant to Paragraph 2 and clearly states that failure to express intent within the period up to the effective date specified in Paragraph 2 shall be deemed as acceptance, and the User does not expressly reject or terminate this Agreement, the User shall be deemed to have agreed to the amended terms.


8. Disclaimer of Warranties 

  1. The Software and all services are provided “as is.” The Company provides no express or implied, statutory or other warranties, conditions, or covenants, including but not limited to warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
  2. The Company does not warrant (i) that the Software will meet the User’s requirements, (ii) that the Software will be error-free or bug-free, (iii) the reliability, timeliness, performance, or security of the Software, (iv) that all errors in the Software will be corrected, or (v) regarding the results or outputs of the Software. However, to the maximum extent permitted by law, warranties required by law shall be provided only for the legally required warranty period (if any).
  3. The Company makes no warranties regarding components provided by third parties, such as Third-Party Software, and shall not be liable for delays, interruptions, service failures, or other issues inherent in the use of the internet, electronic communications, or other systems beyond the Company’s reasonable control. For clarity, the Company shall not be liable for events beyond its control or that of its subcontractors, developers, business partners, or licensors, including acts of God, government actions, acts of public enemies, strikes, natural disasters, or failures or reductions in power, communications, or data networks or services.
  4. To the maximum extent permitted by applicable law, the Company disclaims all express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, intellectual property rights, or non-infringement of intellectual property rights.
  5. The Company assumes no responsibility for the accuracy or otherwise of the content provided through ABLUR.
  6. The Company assumes no responsibility for results arising from non-compliance with the terms, service-specific guidelines, or other usage criteria set by the Company.
  7. The Company does not warrant that the functions included in ABLUR will meet all of the User’s requirements or that temporary interference or errors will not occur in computer usage during use.
  8. When using ABLUR, unintended or unanticipated failures (such as diagnostic errors, degradation, paralysis, or malfunction of the computer) may occur on the User’s PC, and the User must fully consider such possibilities before deciding to use ABLUR. The Company shall not be liable for failures arising from the use of ABLUR despite such possibilities, unless due to the Company’s intent or negligence.
  9. The Company assumes no responsibility for issues arising from changes to computer hardware or operating systems manufactured after ABLUR was provided, unless due to the Company’s intent or negligence.
  10. The Company assumes no responsibility for the User’s failure to achieve expected profits or losses incurred through the use of ABLUR.
  11. The Company shall not intervene in disputes arising between Users or between Users and third parties mediated by ABLUR, nor compensate for damages therefrom.
  12. The Company assumes no responsibility regarding the provided ABLUR, unless otherwise specified by relevant laws.
  13. This Section shall not apply if the Company’s intent or negligence is recognized.


9. Support and Maintenance 

  1. The Company provides support and maintenance services for ABLUR upon payment of additional fees in accordance with its standard service terms at the time. If support and maintenance subscriptions are not active, certain features of the Software (e.g., location addition, mapping, Integrated Services) may be unavailable.
  2. In cases where normal service provision is impossible due to national emergencies, power outages, equipment failures, or surges in usage, the Company may restrict or suspend all or part of ABLUR. In such cases, the Company shall notify Users of the reasons and period in advance or afterward.
  3. The Company may divide ABLUR into specific scopes and designate separate available times for each scope. In such cases, the Company shall notify the contents.
  4. The Company may provide updates through the update function provided during ABLUR installation to improve the recency and stability of ABLUR and enhance user convenience.
  5. Depending on update circumstances, some functions of the already provided ABLUR may become unavailable.


10. Disputes 

10.1. Damages 

  1. If the User causes damage to the Company by violating the provisions of this Agreement, the User who violated this Agreement shall compensate the Company for all damages within the scope of responsibility.
  2. If the Company receives claims for damages, lawsuits, or other objections from third parties other than the User due to illegal acts or violations of this Agreement by the User in the course of using the service, the User shall indemnify the Company at its own expense and responsibility. If the Company is not indemnified, the User shall compensate the Company for all resulting damages.
  3. The Company assumes no responsibility for any damages related to services provided free of charge.

10.2. Resolution of Service-Related Disputes 

  1. The Company shall process complaints and opinions submitted by Users regarding service use as promptly as possible. If prompt processing is difficult, the Company shall promptly notify the User of the reasons and processing schedule.
  2. Disputes arising between the Company and Users shall be resolved through the mediation procedures of the Electronic Transactions Dispute Mediation Committee established under the Framework Act on Electronic Documents and Transactions.
  3. Matters not specified in this Agreement and interpretations of this Agreement shall follow the laws of the Republic of Korea and commercial practices.
  4. Disputes and lawsuits related to the service and this Agreement shall be under the jurisdiction of the court with jurisdiction under the Civil Procedure Act as the court of first instance.

10.3. Remedies and Limitation of Damages 

  1. The Company shall not be liable for any indirect, special, incidental, or consequential damages of any kind (including loss of profits or data) arising from inability to use, data loss, security mechanism failure, business interruption, or related thereto, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
  2. Notwithstanding any other provision of this Agreement, the total liability of the Company and its suppliers to the User under this Agreement shall not exceed the amount actually paid by the User to the Company under this Agreement.
  3. The Software is not fault-tolerant and is not designed, manufactured, or intended for use in life support, medical, emergency, mission-critical, or other strict liability or hazardous activities (hereinafter “High-Risk Activities”). The Company makes no express or implied warranties of suitability for High-Risk Activities. The User represents and warrants that it will not use (or permit use of) the Software in High-Risk Activities and agrees that the Company assumes no liability for such use. The User shall indemnify the Company against all damages, liabilities, or other losses arising from such use.
  4. The parties agree that the limitations set forth in this Section shall survive and apply even if any remedy specified in this Agreement is found to have failed its essential purpose.


11. Confidential Information 

All Software, Documentation, or technical information provided by the Company (or its agents) shall be deemed “Company Confidential Information” regardless of any marking or further designation. Except as expressly authorized in this Agreement, the User shall hold it in confidence and shall not use or disclose Company Confidential Information. The User acknowledges that disclosure of Company Confidential Information may cause substantial harm for which damages alone may not be an adequate remedy, and thus, in the event of such disclosure by the User, the Company shall be entitled to appropriate equitable relief in addition to all remedies available at law.


12. General 

12.1. Assignment 

  1. This Agreement shall be binding upon and inure to the benefit of the permitted successors and assigns of each party. The Company may assign this Agreement to an affiliate or in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of its assets or voting securities.
  2. The User may not assign or transfer all or any part of this Agreement without the Company’s written consent. Any attempt to assign or transfer this Agreement without such written consent shall be void.

12.2. Severability 

If any provision of this Agreement is held unenforceable or invalid by a court of competent jurisdiction, such provision shall be limited to the minimum extent necessary to allow the remainder of this Agreement to remain in full force and effect.

12.3. Governing Law, Jurisdiction, and Venue 

  1. This Agreement is governed by the laws of the Republic of Korea. In such cases, the jurisdiction and venue for any litigation related to the subject matter of this Agreement shall be the Seoul Central District Court, and both parties submit to the jurisdiction of such court.

12.4. Notices and Reports 

  1. All notices or reports under this Agreement shall be in writing or by email. Notices or reports to the Company shall be sent to the address above, attention “Legal Department.” Notices or reports from the Company to the User shall be sent to the address or email provided by the User at the time of order.
  2. Notices and reports shall be deemed delivered (a) upon receipt if delivered by hand, (b) upon receipt (return receipt requested) if sent by registered or certified mail, or (c) one day after dispatch if sent via major commercial delivery service for next-day delivery.

12.5. Modifications and Waiver of Rights 

  1. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by a duly authorized representative of each party to this Agreement.
  2. No failure to exercise a right under this Agreement shall constitute a waiver thereof, and no waiver shall be effective unless in writing signed by a duly authorized representative on behalf of the party claiming to have waived.

12.6. Independent Contractors 

The parties to this Agreement are independent contractors. This Agreement does not create a partnership, joint venture, employment, franchise, or agency relationship between the parties. Neither party has the authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

12.7. Force Majeure 

Neither party shall be liable to the other for delays or failures to perform obligations (excluding non-payment of fees) caused by unforeseen events beyond the reasonable control of the party occurring after the execution of this Agreement, such as strikes, lockouts, wars, terrorism, riots, natural disasters, refusal of permits by government or other governmental agencies, or changes in laws or regulations, where such event prevents or delays the affected party from performing its obligations and the affected party cannot prevent or remove the force majeure event at reasonable cost.

12.8. Audit 

Upon the Company’s written request, the User shall certify in a signed writing that its use of the Software is in full compliance with the terms of this Agreement (including all restrictions in the applicable order form). The Company or its authorized agent may, upon at least 10 days’ reasonable prior notice, inspect and audit the User’s records and use of the Software to verify compliance with this Agreement. All such inspections and audits shall be conducted during regular business hours in a manner that does not unreasonably interfere with the User’s business activities. The User shall bear the costs of such audit only if the audit reveals non-compliance with the licensed scope of use or unpaid license fees.

12.9. Publicity/Press Releases 

The User shall not issue any press release, publication, or public statement regarding its relationship with the Company without prior notice to the Company of such publicity proposal, submission of all publicity materials to the Company for review, and obtaining the Company’s prior written consent.

12.10. Government End Users 

The Software is commercial computer software. If the user or licensee of the Software is a government agency, department, or other entity, the use, reproduction, duplication, distribution, modification, disclosure, or transfer of the Software or any related documentation, including technical data and manuals, is restricted by the license agreement or the terms of this Agreement.

12.11. Third-Party Software and Content 

(a) As specified in this document, the Software may include or be provided with certain third-party software (including open source software or other software that may be provided to the User in source code form). Such third-party software is not licensed under this Agreement but is licensed pursuant to the terms agreed upon by clicking to accept the terms of use and/or the terms specified in the third-party software (hereinafter “Third-Party Licenses”). Except as specified in the Third-Party Licenses, neither the Company nor its contracted suppliers provide any warranties related to the third-party software, and neither the Company nor its contracted suppliers shall be liable to the User for such third-party software. “Open Source Software” means code defined as “open source” by the Open Source Initiative, “free” code as defined by the Free Software Foundation, community source code including libraries or code licensed under the General Public License, or other software generally made available for free in source code form on the internet. 

(b) Epic Games Disclaimer and Limitation of Liability

ABLUR includes Unreal® Engine code and other code, materials, and information (hereinafter “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided “as is” and “as available,” “with all faults,” and without warranty of any kind.

The Company, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.

The Company, Epic, and Epic’s affiliates do not warrant:

(1) That the Epic Materials will operate properly, including as integrated in the [Product];

(2) That the Epic Materials will meet the User’s requirements;
(3) That operation of the Epic Materials will be uninterrupted, bug-free, or error-free in any or all circumstances;
(4) That defects in the Epic Materials will be corrected or correctable;
(5) That the Epic Materials comply or will comply with any platform manufacturer’s rules or requirements;
(6) That a platform manufacturer has approved or will approve this ABLUR, or will not revoke approval of this ABLUR for any or no reason.

Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or any other similar law is expressly disclaimed by the Company and Epic. The Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation or access to the Epic Materials. This paragraph applies to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither the Company, Epic, Epic’s licensors, nor their or their affiliates, nor the Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement or the Epic Materials, including without limitation loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.

In no event shall the Company, Epic, Epic’s licensors, nor their or their affiliates, nor the Company’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the case of fault, tort (including negligence), strict liability, indemnification, product liability, breach of contract, breach of warranty, or otherwise and even if the Company, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions apply even if any remedy fails to provide adequate recompense.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company, Epic, Epic’s licensors, their and their affiliates, and the Company’s or Epic’s service providers shall be limited to the maximum extent permitted by law.


ABLUR End User License Agreement, Version 1, July 15, 2024


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