TRANSLATION FOR REFERENCE PURPOSES ONLY

This is an English translation of the original Japanese text of the Application Terms of Service, and is prepared for reference purposes only. The Japanese original is the governing document and this English translation shall have no legal force.

Application Terms of Service

These application Terms of Service (hereinafter referred to as "the Terms of Service") establish the terms of use for all users of "METAL SLUG ATTACK" (hereinafter referred to as "the Application"), the application provided by SNK CORPORATION (hereinafter referred to as "the Company").

Article 1 (Use of the Application)

1. Use of the Application will only be granted if the user agrees to the Terms of Service as well as to the Company's privacy policy (hereinafter referred to as "the Privacy Policy") as published on the Application's official website.

2. Use of the Application shall not be permitted if the user does not agree to any and all parts of the stipulations of the Terms of Service or the Company's Privacy Policy.

3. The Company may revise or alter the Terms of Service and Privacy Policy, and in the case of such a revision or alteration, the new Terms of Service and Privacy Policy shall be put into practice immediately after revision or alteration. In such a case, the user shall not be individually notified. Therefore, it is recommended that the user regularly check the Application's official website. In the case that the user discovers any part of the altered or revised Terms of Service and Privacy Policy to which the user does not agree, please discontinue use of the Application immediately.

4. Minors and competency-restricted individuals such as adults under a legal guardianship must obtain the prior consent of a legal representative, such as a parental authority, before using the Application.

Article 2 (Application of the Terms of Service)

1. By agreeing to the stipulations of the Terms of Service, the user establishes an agreement to use the Application in accordance with the Terms of Service.

2. The user may terminate use of the Application at any time by uninstalling, discarding, or deleting the Application.

Article 3 (Licensing and Related Matters)

1. The license granted to the user by the Company is limited to a license to use the Application in accordance with the Terms of Service, and does not include any rights to sell the Application. Furthermore, in the case that the Company should terminate the contract for any reason, the ownership rights to the Application will be transferred as-is to the user at the same time that the contract is terminated, under the understanding that the Company retains absolutely no liability.

2. The user shall use the Application under a single user name and on a single mobile device, in its as-is condition as provided by the Company, only for non-profit purposes, and not for any other purpose, such as use in another person's name, or transfer or sublease to any third party, whether in return for compensation or free of charge.

3. The user may not commit acts such as reproducing, amending, modifying, revising, or translating all or any part of the Application.

4. The user is strictly prohibited from committing acts such as decompiling, disassembling, or reverse engineering all or any part of the Application, or any other method that would extract the source code of the Application.

5. All copyrights, trademarks, and other intellectual property rights for the Application, including its characters, storyline, images, pictures, video, music, text and so on, are the property of the Company, and may not be used by the user without the permission of the Company.

6. When using the recording function (hereafter referred to as "the function") of this application, the recorded gameplay videos (including live broadcasts or live streams) are subject to the following conditions.

①The distribution of gameplay videos is limited to the video-sharing websites enabled by the function (YouTube, Niconico, etc.).

②Gameplay videos are forbidden to be distributed in the cases described below: Furthermore, the deletion of offending videos or the discontinuation of live broadcasts may be requested.

(1)When used for profit, commercial purposes, or for the profit of third parties. However, this does not apply to the usage of the videos with partnership functions of video-sharing sites such as YouTube's partnership program.

(2)When gameplay videos are processed or modified through any means other than the function.

(3)When the actions recorded are in violation of Article 8 (Prohibited Acts).

(4)Or in any other case which is deemed inappropriate.

③We assume no responsibility in handing disputes with other users, distribution locations (video-sharing sites), or other third parties in regards to the distribution of gameplay videos.

④We retain copyright, trademark, and other related rights belonging to gameplay videos.

⑤Gameplay videos are to be deleted immediately upon request.

Article 4 (Disclaimer)

1. The Company provides the contents of the Application as-is to the user at the time of download by the user, and makes no guarantee to the user of normal operation of the Application in any usage environment, or of the operation of all functions of the Application.

2. The Company bears no responsibility for the preservation, maintenance, restoration and so on of any information related to the Application, including information related to in-Application purchases as established in Article 7.

3. The Company shall not be held responsible for any damages incurred by the user due to use of the Application, with the exception of damages originating from bad faith or gross error on the part of the Company.

4. In the event that the Company assumes the obligation to compensate the user for damages originating from bad faith or gross error, the sum of said compensation shall not exceed the total usage fees paid by the user to the Company before the relevant damaging incident, and the scope of said compensation will be limited to immediate damages which have actually occurred. The Company accepts no responsibility for indirect damages, secondary damages, or special damages as well as lost profit, including any and all predicted future damages.

Article 5 (Methods of Use)

1. In order to use the Application, it is the responsibility of the user to make certain beforehand, at the user's own expense, that all means necessary for use of the Application are available to the user, including equipment such as any necessary software and a mobile device, as well as any other means such as an internet connection.

2. The Company may alter all or any part of the content of the Application, or suspend provision or updates of the Application, at any time without the prior consent of the user. Furthermore, these Terms of Service, as is recorded in the Application, shall as a matter of course continues to include the Application after it has been altered.

Article 6 (Usage Fees)

1. When using the Application, the user shall pay the usage fees as established on the official website for the Application, according to the method or methods established on said website.

2. Said usage fees and payment methods may be altered at any time, and in the case of such an alteration, the altered usage fees and payment methods shall go into effect immediately. In such a case, the user shall not be individually notified. Therefore, it is recommended that the user regularly check the official website for the Application.

3. The Company shall not make any refund whatsoever of usage fees paid by the user, with the sole exception of the cases established in Article 4, Clause 3 or unless otherwise provided for by law.

Article 7 (Purchase System)

1. At the time that the user begins using the Application, some of its functions, information, and other components of the Application may be limited. If the user wishes to use these limited components, an individual usage fee must be paid in accordance with the in-Application guide.

2. The payment of an individual usage fee as outlined in the above clause is designated as an "in-Application purchase", and all features which may involve in-Application purchases (including all elements related to in-Application purchases, such as features for purchasing in-Application items and said items, and features such as websites or any online platform provided by a third party which provide access to said items) are designated as the "in-Application purchase system".

3. The in-Application purchase system will require payment in actual currency only when purchasing in-game currency or in-game items. In every other instance, without exception, no exchange of actual currency between the Company and the user, or the user and any third party, will be conducted or allowed.

(1) "In-game currency" are special items which can be used to gain access to other "In-game items" by using in-game currency. Regardless of the implications of their name, in-game currency means essentially the usage rights to access in-game items. They are not a virtual currency or "net money" and cannot be used to make purchases like a real currency.

(2) "In-game items" are a type of item which can be purchased for a fee or exchanged for in-game currency.

4. Regarding the in-Application purchase system, it is assumed that you have agreed to the market terms and conditions of the platform provided by a third party, and comply with these terms and conditions.

5. The user will acquire the right to use the in-game currency and in-game items when the user purchases them using the payment method and payment unit specified by the Company.

6. Any in-game currency and in-game items which have been acquired by the user cannot be exchanged between any combination of the Company, the user, or any third party for anything beyond their effectiveness, including benefits, goods, currency, or anything with monetary value. Also, in-game currency which have already been spent cannot be re-spent to purchase another in-game items.

7. Please be aware of the following points when using any acquired in-game currency and/or in-game items.

①According to their individual natures, in-game currency and/or in-game items may be reduced in quantity or disappear entirely when spent or consumed in-Application. An explanation of any reduction or disappearance which may occur upon use is given when said items are provided, and it is recommended that the user make use of said items only after carefully reading said explanation. In the case that these items should be reduced or disappear due to use, as explained, it shall be assumed that the user made use of said items after agreeing to the Company's explanation. In accordance with this, the user may not cancel orders, or receive a refund, an exchange for other goods, or another download of said items.

②In-game currency has no term of validity. However, if the user status of the application is lost due to the uninstallation of the application, etc., the user will not be able to use any in-game currency at that time.

③According to their individual natures, some in-game items may also have a set term of validity. In such cases, in-game items for which the term of validity has expired will become unusable, and may disappear.

8. In the case the user has violated any regulation stated in this Terms of Service, the Company reserves the right to terminate the use of the Application by the User, and remove the entirety of their in-game currency and in-game items.

9. The Company may terminate the Application and in-game currency services with no prior notice. In the case of termination of the in-game currency services, the User cannot require the reimbursement of the remaining amount of their in-game currency, unless otherwise provided for by law.

Article 8: (Prohibited Acts)

1. The user is prohibited from committing any of the following acts while using the Application or related services.

①Acts which violate the law, or which risk violating the law

②Acts which are detrimental and/or damaging to the Company or any third party

③Acts which slander, defame the prestige or credibility, or violate the privacy of the Company or any third party

④Acts which violate the rights of any party related to or using the Application, including the Company, other users, or any third party (including but not limited to intellectual property rights, other property rights, privacy, rights to usage of one's likeness, prestige, and/or credibility)

⑤Acts which use the Application for money-making purposes, commercial purposes, or for the profit of any third party without the consent of the Company

⑥Acts which utilize the Application or the official website for the Application for the purpose of gathering or meeting face-to-face with other users, and/or for the purpose of spreading an announcement of any meeting targeted at unspecified large numbers of people with the intent to gather participants

⑦Acts which exchange medals and/or point-related items for profit in the form of any real-world currency, property, or other assets, whether within or outside of the Application (also known as "real-money trading") and all acts of preparation for such, including incitement to an offer of exchange, any such offers themselves, and consent to such offers

⑧Acts intended to advertise a commodity, display profile content intended for publicity purposes, or any other solicitation such as spam mail or chain mail, without the consent of the Company

⑨Acts involving masquerading as an employee of the Company, any of its affiliated companies, as well as any third party

⑩Acts involving use of the Application and/or accessing or attempting to access the Application or the official website of the Application via means or methods not authorized by the Company

⑪Installation or use of the Application by a competency-restricted individual without the consent of a legal representative

⑫Acts that aim to benefit oneself or a third party by using actions (including, but not limited to, glitches, bugs, and malfunctions) that are not intended by the Company

⑬Acts of amending, altering, modifying, reverse engineering, decompiling, disassembling, etc., the code used in this application

⑭Acts of developing, distributing, or using tools or programs for the purpose of unauthorized use, or inducing, soliciting, or assisting a third party to do so, or actions with the potential to do so

⑮Acts of transmitting, posting, or using harmful or illegal computer programs, such as viruses

⑯Acts that significantly overload the server or network used to operate this application.

⑰Any other act which the Company may judge to be prohibited and of which users have been informed via a notification or public announcement

2. In the case that the user should commit any of the acts in the above clause, or any acts which violate the Terms and Services, the Company reserves the right to terminate the use of the Application by the user as well as to claim restitution from said user.

Article 9 (Company Inquiries)

1. In the event that, due to rational reasons, the Company is in doubt as to whether the user is using the Application in compliance with the Terms and Services, the Company may require an explanation regarding said doubts from the user, and the user shall be required to provide said explanation.

2. In the case that the user does not provide an explanation as outlined in the above clause, the Company may terminate the use of the Application by the user.

Article 10 (Management of User Information)

1. The Company may collect information such as technical information specifying the user's mobile device, operating system, application software, and peripheral hardware as well as related information (hereinafter referred to as "User Information"), and may use, save, transmit and/or publicly announce said collected information.

2. The Company may collect data including scores, rankings, and achievements of users of the Application, according to the Privacy Policy, and may use, save, transmit, and/or publicly announce said collected data.

3. In the case of a built-in function in the Application which uploads data to the user's mobile device at any time and/or displays advertisements with content which may change at any time, in order to calculate the number of times the user has viewed said advertisements while using the Application, data may be collected from the user's mobile device such as age, identification number, manufacturer, model, location, advertisement display available time, and size, and in the case that the user views said advertisements, any responses made by the user. Also, in situations where the customer appears unable to make specifications, only those total numbers can be made public except for applicable advertisement vendors as well as those transfers approved by the Company. In the case that the user does not wish to receive such advertisements, please do use the Application.

Article 11 (Governing Law and Jurisdiction)

The Terms and Services are in conformity with Japanese law, and it is agreed that the first hearing shall be under the exclusive jurisdiction of the Osaka Summary Court and Osaka District Court.

Article 12 (Contact Information)

Please direct any questions or comments about the Terms of Service to the following:
Company Name: SNK Corporation
Address: 1 -16-17 Esakacho, Suita-shi, Osaka, Japan 564-0063
Contact Us: Please contact mail-info-usa@snk-corp.co.jp

Article 13 Measures to protect users

1. In the event that a third party other than the customer uses the prepaid means of payment held by the customer without authority against the intention of the customer (hereinafter referred as "unauthorized use"), please use the "Contact" form and contact us immediately. 2. Once the fact of unauthorized use is confirmed, we will consider on a case by case basis the possibility of compensating for the unauthorized use through the use of prepaid payment methods or the delivery of in-game items. Please note that we will not take any other methods except those mentioned above. Please note that we may not be able to respond to your request if we are unable to confirm the unauthorized use of your account, or if the unauthorized use of your account was caused by reasons not attributable to us. 3. The Company will not disclose the occurrence of unauthorized use.