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Posted Date: 2023-12-18 8:11 Edited Date: 2023-12-18 8:11 Writer: jwsong

[ MAXSCAN App]

SDK 6.0.x 에서 Space Tracker를 사용 중인 고객은 새로 업데이트 된 MAXST AR SDK 6.1.0 이상으로 업데이트해 주시기 바랍니다.
MAXSCAN 1.1 이상에서 생성된 맵은 SDK 6.0.x 및 하위 버전과 호환되지 않습니다.
MAXSCAN 1.1 이상에서 생성한 맵일 경우에만 Map Packager와 호환됩니다.

[Visual SLAM Tool App]

SDK 6.0.x 이하에서 Object Tracker를 사용 중인 고객은 새로 업데이트 된 MAXST AR SDK 6.1.0으로 업데이트해 주시기 바랍니다.
Visual SLAM Tool 5.1.0 이상에서 생성된 맵은 SDK 6.0.x 및 하위 버전과 호환되지 않습니다.
SDK 6.0.x 이하를 사용하시는 분은 Visual SLAM Tool 5.0.8 안드로이드 APK를 다운로드 받아 사용하실 수 있습니다.
Visual SLAM TOOl 5.1.0 이상에서 생성한 맵일 경우에만 Map Packager와 호환됩니다.

Article 1 (Purpose)

The purpose of this agreement is to stipulate the rights, obligations, responsibilities, and procedures for the use of services (hereinafter referred to as "Services") provided through the websites operated by MAXST Corporation (hereinafter referred to as the "Company"). This agreement governs matters related to the rights and obligations of the Company and members (as defined in Article 2) in connection with the Services provided through the internet sites (hereinafter referred to as the "Sites") operated by the Company.

Article 2 (Definitions)

(1) The definitions of terms used in this agreement are as follows:

"Site" (as of December 2019): Refers to the website operated by the "Company," which is https://developer.maxst.com.
Member: Refers to an individual who provides personal information to the "Company," completes membership registration, enters into a service usage agreement with the "Company" according to this agreement, and is assigned an ID.
ID (Username): Refers to the electronic mail address (hereinafter referred to as "email address") selected by the "member" for identification and service usage, which has been approved by the "Company."
Password: Refers to a combination of alphanumeric characters selected and registered by the "member" to confirm identity and protect the rights and confidentiality of the "member."
"Service": Refers to the internet site provided by the "Company" through the AR/VR/XR SDK and "development support tools" to facilitate spatial scanning, data conversion and extraction, AR content placement, augmented content testing features, as well as the ability to upload, manage, and download data.
"Development Support Tool" : Refers to programs supported for the smooth development of the "member." You can check the "Development Support Tool" through the following link: https://developer.maxst.com/MD/downloadtools.
Posting: Refers to symbols, characters, writings, photos, etc., posted by the "member" on the "site" in the course of using the "service."

(2) Terms not defined in this agreement shall be governed by the relevant laws and regulations.

Article 3 (Specification, Explanation, and Amendment of the Agreement)

(1) The "Company" shall post the contents of this agreement on the initial "service" screen of the "site" so that the "member" can be informed. However, the detailed content of this agreement can be viewed by the "member" through a linked screen.

(2) Within the scope not violating relevant laws and regulations such as the Act on the Regulation of Terms and Conditions, Electronic Commerce Basic Act, Electronic Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Consumer Protection Act in Electronic Commerce, Consumer Protection Act, Act on the Protection and Use of Location Information, the "Company" may amend this agreement.

(3) In the event of amending the agreement, the "Company" shall notify the "member" through email at least seven days before the effective date of the amendment, specifying the effective date and the reason for the amendment.

(4) If the "member" continues to use the "service" after the announced effective date, it shall be deemed that the "member" agrees to the amended agreement. A "member" who does not agree to the amended agreement may freely terminate the service usage agreement at any time.

(5) Matters not stipulated in this agreement and the interpretation of this agreement shall be governed by the guidelines for consumer protection in electronic commerce and relevant laws and regulations established by the government.

Article 4 (Formation of the Service Usage Agreement)

(1) The service usage agreement is formed by the agreement of the "member" and the acceptance of the membership registration by the "company."

(2) The time of formation of the service usage agreement is when the "company" displays the completion of registration in the application process.

Article 5 (Application for Use and Acceptance)

(1) The "member" applies for membership by entering the membership information according to the application form provided by the "company" and expressing their intention to agree to this agreement.

(2) The "company" may not approve the following applications for use or may terminate the service agreement later:

In case of an already registered "member" with the same email address.
In case the "service" is intended to be used for fraudulent purposes or for the purpose of pursuing profit.
In case of applying with the intention to violate related laws or to hinder social order, public morals, or decency.
In case there is no available capacity in the equipment due to the operation of the "service" by the "company" or there is a technical hindrance. However, in this case, approval may be withheld until the reason is resolved.
In case of any violation of this agreement, or if the application is determined to be illegal or unfair by the "company" in its reasonable judgment.

Article 6 (Service Usage Hours)

The use of the "service" is generally available 24 hours a day, 7 days a week, throughout the year, unless there are special business or technical constraints for the "company." However, designated days or times determined by the "company" for regular inspections or other necessary reasons are excluded from this principle.

Article 7 (Obligations Regarding Member's ID and Password)

(1) The responsibility for managing the "ID" and "password" lies with the "member," and the "member" is solely responsible for any civil or criminal liability arising from negligence in managing them.

(2) The "member" must not allow a third party to use their "ID" and "password."

(3) If the "member" realizes that their "ID" and "password" have been stolen or are being used by a third party, they must immediately notify the "company" and follow the company's instructions if any action is required.

(4) The "member" is solely responsible for any disadvantages arising from the failure to notify as per the previous clause or for not complying with the "company's" instructions.

Article 8 (Member's Obligations)

(1) The "member" must comply with relevant laws and regulations, the provisions of this agreement, and any notices provided by the "company," and must not engage in any acts that interfere with the business of the "company."

(2) In connection with the use of the "service," the "member" must not engage in the following actions:

Providing false information when applying for or modifying the "service."
Unauthorized alteration of information posted by the "company."
Transmitting or posting information (including computer programs) other than the information specified by the "company."
Infringing upon the copyright or other intellectual property rights of the "company" or third parties.
Damaging the reputation of the "company" or third parties, or interfering with business activities.
Posting or publishing obscene or violent messages, videos, audio, or other information that goes against public order and morals on the "site."
Failure to fulfill the obligations of the "member."
Any other actions that violate relevant laws or regulations set by the "company."

Article 9 (Company's Responsibilities)

(1) The "company" must not engage in actions prohibited by relevant laws, this agreement, or acts contrary to public order and morals, and must make every effort to provide the "service" continuously and stably in accordance with the provisions of this agreement.

(2) The "company" must establish a security system to protect the personal information of the "member" and disclose and adhere to a privacy policy to ensure the safe use of the "service" by the "member."

Article 10 (Provision of Information)

(1) The "company" may provide various information related to the use of the "service" to the "member" via email, and the "member" may refuse to receive such information. However, the "company" may provide essential information required for the use of the "service" (e.g., changes to related regulations/policies) regardless of the "member's" refusal to receive it.

Article 11 (Notification to Members)

(1) In the event that the "company" notifies a "member," it may do so through the email address submitted by the "member" during the registration process.

(2) When the "company" needs to notify a large number of "members" collectively, it may fulfill this obligation by posting the notification on the "site" for a period of one week or longer, thereby substituting for individual notifications.

Article 12 (Management of Postings)

(1) The "company" may take measures such as deleting or restricting access to a posting without prior notice if the posting falls under any of the following:

Infringes upon the rights, honor, credit, or other legitimate interests of others.
Contains content that violates public order and morals.
Contains content related to criminal activities.
Infringes upon the copyright of the "company" or third parties, or violates other rights.
Posts, advertises, or links to illegal materials, obscene materials, or materials harmful to juveniles.
Posts commercial advertisements or promotional content without prior approval from the "company" or posts links to other sites without permission.
Impedes the business of the "company" by falsely presenting facts as true or by refusing the "company's" request for confirmation of facts more than twice.
Is deemed to interfere with the smooth progress of the "company's" services or other business operations.
Violates this agreement or relevant laws and regulations.

(2) If the "company" is required to pay damages to a third party due to postings falling under the provisions of the previous paragraph (regardless of mediation, judgment, civil, or criminal matters), the "member" at fault must immediately reimburse the "company" an equivalent amount upon the "company" making such payment to the third party.

Article 13 (Copyright and Usage License)

(1) The copyright of the "postings" created by the "member" belongs to the "member" who created them, and the "member" is responsible if the "postings" infringe on the copyright of others.

(2) The "company" provides the "service" under the assumption that it has obtained the usage rights from the copyright holders within the necessary scope.

(3) The "member" must not engage in acts that infringe upon the copyright of the copyright holder while using the "service" provided by the "company."

(4) In the event that the "member" engages in copyright infringement, the "company" may restrict the "member's" use of the "service" or terminate the service agreement.

(5) The original data, which is the data before transformation by digitizing real-world data, is considered to have usage rights granted by the original author. The rights are subject to the contractual scope agreed upon between the original author and the "member."

(6) The copyright and ownership of the transformed data, known as "converted data," which is processed through algorithms and spatial computing technology to extract the unique features of the original data, belong to the "company." The "company" grants the "member" a non-transferable, non-exclusive, and personal usage license that cannot be transferred.

(7) The copyright and ownership of processed data, known as "processed data," which includes content implemented by the "member," belong to the "member." The "member" grants the "company" a royalty-free usage license.

Article 14 (Suspension of Service Provision)

(1) The "company" may suspend the provision of the "service" under the following circumstances:

When unavoidable due to maintenance or construction work on the equipment for the "service."
When a telecommunications service provider designated under the Telecommunications Business Act suspends the telecommunications "service" for a specified period.
In cases of other unavoidable circumstances of force majeure.

(2) In the event of a national emergency, power outage, failure of "service" facilities, or a surge in the use of the "service" causing disruptions to normal "service" usage, the "company" may restrict or suspend all or part of the "service."

Article 15 (Termination of Service Agreement)

(1) Termination by Member:

A "member" may terminate the service agreement at any time through the "site."

A "member" who has terminated the agreement according to the preceding clause may rejoin as a "member" in accordance with the rules set by the "company."

(2) Termination by Company:

The "company" may terminate the service agreement if any of the following reasons apply, and the retention of information about the terminated "member" shall be governed by the privacy policy:

If there is a refusal reason under Article 6, Paragraph 3.
If the "member" engages in actions or attempts that infringe upon the rights, honor, credit, or other legitimate interests of the "company," other "members," or third parties, or violates the laws of the Republic of Korea or public order and morals.
If the "member" engages in or attempts to interfere with the smooth progress of the "service" provided by the "company."
If the "company" deems it necessary to refuse the provision of the "service" for other rational reasons.

The service agreement terminates at the time the "company" notifies the "member" of the termination. In this case, the "company" shall notify the termination through the email registered by the "member."

(3) Deletion of Content:

In the event of the termination of the service agreement, all content posted by the "member" will be deleted.

(4) Liability for Damages:

Any damages arising from the termination of the service agreement are the responsibility of the terminated "member," and the "company" shall not be liable for any damages.

Article 16 (Ownership of Copyright and Restrictions on Use)

(1) Ownership of Intellectual Property:

The copyrights, patents, trademarks, and other intellectual property rights of the works created by the "company" belong to the "company."

(2) Restrictions on Use:

Without prior consent from the "company," a "member" must not reproduce, transmit, publish, distribute, broadcast, or otherwise use the information obtained through the "service" in a manner that allows use by third parties as a result of using the "service."

Article 17 (Protection of Personal Information)

(1) Compliance with Laws:

The "company" complies with the relevant laws, including the Information and Communications Network Act and the Personal Information Protection Act, to protect the personal information of "members." The protection and use of personal information are subject to applicable laws and the "company's" privacy policy.

(2) Privacy Policy:

The "company" establishes a privacy policy for the protection of "members'" personal information and posts it on the initial screen of the "service." However, the detailed contents of the privacy policy can be viewed through a linked screen.

(3) Use and Provision of Information:

The "company" shall not use the information provided by the "member" for purposes other than operating the "service" or provide it to third parties without the consent of the "member." However, exceptions may apply in the following cases:

When the use of member information and the provision to third parties are allowed by law.
When the "company" obtains the consent of the "member" in accordance with the "company's" terms and policies.

Article 18 (Record Retention)

(1) In accordance with the Act on Consumer Protection in Electronic Commerce, etc., the "company" retains records related to the following items for the period specified by law:

Records of the usage agreement, withdrawal of offer, etc.

Article 19 (Disclaimer)

(1) In the event that the "company" is unable to provide the "service" due to force majeure or events equivalent thereto, the responsibility for providing the "service" is exempted.

(2) The "company" is not responsible for obstacles in the use of the "service" caused by the "member's" attributable reasons.

(3) The "company" is not responsible for the loss of expected profits that the "member" may anticipate from using the "service," and disclaims liability for damages incurred from other data obtained through the "service."

(4) The "company" is not responsible for transactions or interactions between "members" or between a "member" and a third party mediated through the "service."

Article 20 (Dispute Resolution)

(1) The "company" establishes and operates a dispute resolution body to reflect reasonable opinions or complaints raised by "members" and compensate for damages.

(2) The "company" prioritizes the handling of complaints and opinions raised by "members." However, if prompt resolution is difficult, the "company" immediately informs the "member" of the reasons and the expected resolution schedule.

Article 21 (Governing Law and Jurisdiction)

(1) This agreement is governed by and interpreted in accordance with the laws of the Republic of Korea regarding disputes between the "company" and "members".

(2) Lawsuits arising between the "company" and "members" during the use of the "service" shall be filed with the Seoul Central District Court.

Transitional Provisions 1. This agreement is effective from December 19, 2023. 2. The previous terms of service (December 2, 2019).

MAXST Website Terms of Use (TOU)

In this Web Site Terms of Use ("TOU"), we, MAXST Co., Ltd. ("MAXST"), set forth the terms by which you may use our sites including this and other web sites that we operate and on which we post a direct link to this statement (collectively the "Site"). By using the Site, you are agreeing to this TOU. If you do not agree to this TOU, you may not and should not use the Site.

1.Copyright Notice and Use of the Site.

The contents of the Site are protected by the copyright and other laws of the Republic of Korea, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written agreement you have MAXST, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this site. Use of products or services from MAXST is not permitted under these TOU and requires a separate written agreement with MAXST, as applicable. You may download content from this site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with MAXST), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include MAXST's copyright notice: Â© Copyright 2010-2017 MAXST Co., Ltd. All rights reserved. Nothing in these materials is an offer to sell any of the components or devices referenced herein.

2.Links.

This website may contain links to third party web sites which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. You agree to review and accept such terms of use prior to using such third party web sites. MAXST makes no representations whatsoever about any third party web site which you may access through the website. When you access a third party web site, you agree that it is independent from MAXST, and that MAXST has no control over any content on that web site. In addition, a link to a third party web site does not mean that MAXST accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.

3.Additional Terms for Forums, Blogs, and Other Social Media.

Our Site may provide one or more forums, blogs, or other interactive or social media features ("Forums") for visitors to our Site to exchange information with each other and with MAXST about the MAXST products and services (the "Purpose"). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:

a.Restrictions.

You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a "Share" function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.

Postings Not Necessarily the Opinion of MAXST.

Some of the individuals posting to Forums work for MAXST; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of MAXST.

Postings.

Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and MAXST will not be held responsible for any message or associated content. If you post any messages, uploading files, inputting data, or engage in any other form of communication through the Forums (a "Posting"), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. For the purposes of this section, references to "your use" of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer. When using the Forums and viewing Postings, you need to be aware of the following issues:

The Forums may include contributions from various sources over which MAXST has no control (including any content submitted by third party users).
MAXST does not pre-screen or exercise editorial control over Postings, and takes no responsibility for such Postings.
MAXST reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe MAXST, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and MAXST will not be liable in relation to the removal of, or failure to remove, any Postings.

License.

By adding a Posting to the Forum, you are granting MAXST a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction without MAXST owing any monies to you whatsoever.

e.MAXST Employees.

If you are a MAXST employee, you must also follow the MAXST Social Media Policy in your Postings.

f.Posting Guidelines.

Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.

4.Privacy.

In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy which is available at https://developer.maxst.com/MD/maxst/privacy. By agreeing to this TOU you are agreeing to our Privacy Policy. Information, including but not limited to personal information, collected through the Site may be stored and processed in the Republic of Korea or any other country in which MAXST or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.

5.Disclaimer.

The materials on the Site and on the Forums are provided "as is" and without warranties of any kind either express or implied. Commentary and other materials posted on the Site and Forums are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance. To the fullest extent permissible pursuant to applicable law, MAXST disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

MAXST does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. MAXST does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not MAXST or its licensors) assume the entire cost of all necessary maintenance, repair, or correction.

6.Limitation of liability.

Under no circumstances, including, but not limited to, negligence, shall MAXST, its subsidiaries and affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. Under no circumstances shall MAXSTâ€™s aggregate liability exceed $5.00. You specifically acknowledge and agree that MAXST, its subsidiaries and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.

7.Notices of copyright infringement.

Notifications of claimed copyright infringement should be sent to MAXSTâ€™s Help Desk in writing at the following address: MAXST Co., Ltd 06628, 6th fl, Clifford bldg, 315, Gangnam-daero, Seocho-gu, Seoul, Korea Telephone Number: +82-2-585-9566 Facsimile Number: +82-2-586-9566 To be effective, the Notification must include the following: posted at or on the Forums, you agree to the following:

A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MAXST to locate the material on the Site;
Information reasonably sufficient to permit MAXST to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and if submitted by the ownerâ€™s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in 1 through 6 above MAXST shall remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that MAXST has removed or disabled access to the allegedly infringing material. Counter Notification: To be effective, a Counter Notification must be a written communication provided to MAXSTâ€™s Help Desk at the above provided address that includes substantially the following:

A physical or electronic signature of the alleged infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
The alleged infringerâ€™s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Seoul District Court, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person. After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, MAXST shall provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that MAXST will replace the removed material or cease disabling access to it within ten (10) business days. If MAXSTâ€™s designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, PTC shall restore the allegedly infringing material.
Trademarks. MAXST is a trademark of MAXST Co., Ltd, registered in the Republic of Korea and other countries. Trademarks of MAXST Co., Ltd are used with permission. Certain other product names, brand names and company names mentioned in this site may be trademarks of their respective owners.
Modification & Termination. This TOU is effective until modified or terminated by MAXST. MAXST may modify this TOU from time to time and the new TOU will be effective when posted. MAXST may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.
General. This TOU shall be governed by and construed in accordance with the laws of the Republic of Korea without giving effect to any principles or conflicts of law. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Effective Date: Dec 02, 2019

MAXST End-User License Agreement (EULA)

Please be sure to carefully read and fully understand all terms and conditions of this End-User License Agreement ("EULA" or "Agreement"), which is a legal agreement between you as an end user and MAXST (together the "Parties" and individually a "Party"). By accepting these terms or installing, copying, or otherwise using any of MAXST's applications, products, services, software or websites provided or made available by or on behalf of MAXST, including, but not limited to, the access to content and functionalities provided or made available by or on behalf of MAXST or any third party ("Content"), or the use of such applications, products, services, software, websites and server infrastructure or any augmented reality application or browser (together the "Product"), you are agreeing to be bound by the terms of this Agreement and you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by this Agreement, and that you have the authority to do so. If you do not agree to be bound by the terms of this Agreement (including those documents referenced herein), no agreement will exist between you and MAXST. In this case you must not install or use the Product. Unless otherwise agreed in writing, the legal relationship between you and MAXST is set forth solely by this Agreement and this Agreement constitute the entire agreement between you and MAXST, superseding any prior agreements between you and MAXST (including, but not limited to, any prior versions of this Agreement). However, you also may be subject to additional terms and conditions that may apply when you use other MAXST's services or products. The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

GRANT OF LICENSE MAXST grants you the right to use the Product under the following conditions. The Product is licensed and not sold under this Agreement. Subject to the terms and conditions herein, this Agreement grants you a revocable, non-exclusive, and non-transferable license that permits you to use the Product. All rights under this Agreement shall be expressly granted. MAXST reserves all rights that are not expressly granted, and you shall not have any of such rights. MAXST is not obliged to support the Product indefinitely. You acknowledge and hereby accept that the range and nature of the Product, including, but not limited to, updates, bug fixes and patches, may be subject to temporary and/or permanent changes without prior notice.
SUPPORT AND MAINTENANCE MAXST is not required to maintain the Product. MAXST can decide at its own discretion whether to unconditionally terminate all or part of the Product or its services without giving a prior notice and without your consent. You allow MAXST to install updates of the Product at any time without any further consent. In addition, MAXST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You acknowledge and agree that MAXST shall not be liable to you or to any third party for any modification, termination, suspension or discontinuance of the Product (or any part thereof) or your access thereto. MAXST will be under no circumstances obliged to undertake corrections of the Product or to develop updates.
ACCESS OR USE OF THIRD PARTY CONTENT MAXST may provide you with access to Content of third parties who use the MAXST content interface and/or MAXST services for the purpose of developing and/or publishing Content on a MAXST mobile application or mobile webpage ("Content Partner"). You acknowledge and hereby accept that MAXST does not control any Content developed, published or otherwise submitted via the MAXST content interface or the MAXST services and, as such, MAXST does not guarantee the accuracy, integrity or quality of such Content made available through third party. The parties of this Agreement (i.e. you and MAXST) acknowledge that solely Content Partners will enter into a contractual relationship with you as end users for accessing or using Content; MAXST will only act on behalf of the Content Partners. MAXST does not have control of, or liability for, any Content which may be available to you; MAXST will not and cannot review the Content. The Content falls under the full and sole responsibility of the Content Partner. Content Partner may include an additional, separate end user license agreement to the Content that will govern your rights to the Content ("Content Partner EULA"). In this case the access or use of this Content is subject to this Content Partner EULA. However, such Content Partner EULA can never and will never be allowed to precede this Agreement and MAXST's position and rights towards you or third parties. Any Content Partner EULA applies solely between you and the Content Partner.
ACCESS OR USE OF PREMIUM CONTENT You may decide to access or use Content offered to you as paid content ("Premium Content"). In this case you are obliged to choose a proper option in accordance with the purpose or use as set forth in the pricing page and to pay the fees indicated for that Premium Content ("End User Fee"). In order to access or use Premium Content you must open a user account as set forth below. All purchases of Premium Content are final and you do not have the right to withdraw from or terminate such purchase once the access to such Premium Content has been granted. You acknowledge and hereby accept that MAXST will have no obligation to provide a refund or repayment - for whatever reason - of any amounts paid by you to MAXST or any other third party for Premium Content.
USER ACCOUNT In order to use the Product, you may open a user account ("User Account"). While opening the User Account you shall provide true, accurate, current and complete information about yourself as prompted by the MAXST's registration form (such information being the "Registration Data") and you shall maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or MAXST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MAXST has the right to suspend or terminate your User Account and refuse any and all current or future use of the Product (or any portion thereof). You will be able to administer your User Account through a password protected interface. You are responsible for maintaining the confidentially of your User Account and your User Account password. You are responsible for all activity that occurs via your User Account. If you have reason to believe that your User Account security has been breached it is your responsibility to notify us in a timely manner so that we can take the appropriate action in respect to your User Account. You acknowledge and agree that MAXST may, at its sole discretion, refuse or close your User Account at any time and without any cause.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS You are obliged to use the Product and any portion thereof in a responsible and law-abiding manner and in accordance with this Agreement, all applicable laws and regulations. As a condition of your use of the Product you agree not to use the Product or any other services or products made available by MAXST for any purposes other than set forth in this Agreement. You agree that MAXST may analyze user behavior in an anonymous way and use this information for internal purpose. You may not at any time during this Agreement:

copy, deliver or distribute the Product without written permit from MAXST;
reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation,
sell, rent, lend, convey, redistribute, sublicense, lease, resell, or otherwise transfer for value, to any third party all or any part of the Product,
use the Product in any manner or for any purpose that violates any applicable law, any right of any third person, including, but not limited to, intellectual property rights, rights of privacy, or rights of publicity, or in any manner inconsistent with this Agreement,
use the Product intentionally to encourage or promote copyright infringement or the exploitation of copyright infringing materials.

COPYRIGHT

The Product is protected by copyright and other intellectual property laws and treaties. MAXST owns the title, copyright, and other intellectual property rights in the Product.
LIMITATION OF LIABILITY 1

You expressly understand and agree that:

Your use of the Product is at your sole risk. The Product is provided on an "AS IS" and "AS AVAILABLE" basis.

MAXST expressly disclaims all warranties, endorsements, guarantees, conditions and representations, whether express or implied, including, but not limited to, any conditions, endorsements, guarantees, representations or warranties of durability, merchantability, satisfactory quality, accuracy, title, non-infringement and fitness for a particular purpose or use, or arising from a statute or custom or a course of dealing or usage of trade.

Any material or software downloaded or otherwise obtained through the use of the Product is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data or any other damage that results from download of any such material or software respectively.

No advice or information, whether oral or written, obtained by you from MAXST create any warranty not expressly stated in the terms and conditions. In particular, and without limiting the foregoing, MAXST makes no warranty that:

The Product or its functionality and quality will meet your requirements and expectations.

The Product will be uninterrupted, timely, secure, or free of deficiencies and interruptions.

Any deficiencies and errors in the product will be corrected.
LIMITATION OF LIABILITY 2

You expressly understand and agree that, to the maximum extent permitted by applicable law, MAXST shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MAXST has been advised of the possibility of such damages), (i) arising out of or resulting from the use or the inability to use the Product or (ii) resulting from product warranties, end user assistance and product support with respect to Content. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability. Accordingly, some of the limitations above may not apply to you. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
INDEMNIFICATION

You agree to indemnify, defend and hold MAXST and its affiliates and their respective directors, officers, employees, co-branders and independent contractors harmless from and against any loss, liability, claim, demand, damages, costs and expenses including reasonable lawyer fees and disbursements, made by any third party due to or arising out of your use of the Product, a violation of any applicable laws or a violation of this Agreement.
INTELLECTUAL PROPERTY

We respect the Intellectual Property Rights of others and we prohibit users and Content Partners from using, uploading, posting, publishing or otherwise submitting any materials that violate third party's Intellectual Property Rights. "Intellectual Property Rights" means all intellectual property rights, industrial property rights and other similar rights recognized throughout the world, whether existing under statute or at common law or equity, now or hereafter in force or recognized, including: (i) copyrights, rights in trade secrets, rights in marks, patents, design rights, data base rights, rights in processes, rights in methods, moral rights, mask work rights, publicity and personality rights, and privacy rights; and (ii) any application or right to apply for any of the rights referred to in paragraph (i), and all enhancements, improvements, renewals, extensions and restorations. All right, title and interest, including, but not limited to, Intellectual Property Rights, in and to the Product are owned by MAXST. This Agreement does not transfer any Intellectual Property Rights from MAXST to you or any third parties. If you infringe the Intellectual Property Rights of MAXST or other third parties, MAXST may, in its sole discretion, terminate or deny access to and use of the Product.
USAGE AND ACCESS OF INFORMATION

We may collect and process data or information that you provide by filling in forms on our internal or external sites, including our sites, and information you provide on independent partner sites that is transferred to us and use for general marketing, technical, or other business activities purpose. You may request cessation of marketing or promotion activities by official written correspondence. We may reject a request, in whole or in part, as permitted by applicable law. Accordingly, by visiting any of our sites and/or communicating electronically with us including in the process of providing information, software or services to you, you acknowledge that your personal data may be processed in a country other than the one in which you reside.
PRIVACY

By submitting personal information to MAXST, including, but not limited to, your name, country of residence, occupation, company name, company type, company size, ID and Provides information on email addresses to Maxst. You agree to provide MAXST with Data (=app package ID, app NAME, SDK version and license type, applicable OS platform, applicable device MAC address and IP address) from users of your Developer App. You also agree that MAXST collects, processes, transmits, uses, preserves and discloses DATA for the purposes described, to determine the size of Developer App users, and so on.

If you withdraw your consent to the collection, use, processing, transmission and/or disclosure of such personal information and Data, MAXST will immediately cease to collect, use, process, transmit and/or disclose the personal information or perform any other actions for which the end user's consent has been withdrawn.
TERMINATION

Without prejudice to any other rights, MAXST may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Product and all of its component parts. These terms and conditions terminate automatically at any time by deleting or closing your User Account, notifying MAXST or discontinuing the use of the Product. Termination does not affect your liability or obligations under this Agreement.

MAXST holds the sole right to modify or replace this Agreement. If changes have been made, a new version of this Agreement will be published and made available at developer.maxst.com. It is agreed that the continued utilization of the Product after the publication of a new version or modification of this Agreement will be regarded as an acceptance of the new or modified Agreement. If you do not wish to be bound by the new version or modification of the Agreement, you must not use the Product.
GOVERNING LAW AND JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Korea. Both Parties irrevocably agree that the courts of the Republic of Korea shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
MISCELLANEOUS

This Agreement is the entire agreement between you and MAXST concerning the subject matter herein, and supersedes all prior communications, proposals and representations with respect to the Product or any other subject matter covered herein. Except as provided in this Agreement, neither Party may use the names, trademarks, trade names, domain names or other designation of the other Party without the written approval of the other Party. The failure of any Party at any time to enforce or require performance of any provision hereof shall in no way operate as a waiver or affect the right of such Party at a later time to enforce the same. Any waiver of an obligation, agreement or condition contained herein shall be valid and effective only if in writing and signed by the Party to whom such compliance is owed. No such waiver shall be deemed to be a waiver of any subsequent breach, claim or failure to perform or of any obligation, agreement or condition other than the one expressly waived. If any provision of this Agreement is held invalid or unenforceable, all other provisions of this Agreement will remain in full force and effect.

Effective Date: Dec 02, 2019

The "Effective Date" of this Agreement is the date of your acceptance of this Agreement. The terms of this Agreement can be modified at any time and the future updated terms will be updated on this page.

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