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END USER LICENSE AGREEMENT (EULA)
Effective Date: November 8, 2024This End User License Agreement ("EULA") is a binding legal agreement between Kyomu Games ("us" or "our") and you ("user" or "you") governing your use of the video game The Veil of the Forgotten ("the Game").
By downloading, installing, or using the Game, you agree to be bound by the terms of this EULA. If you do not agree to these terms, you may not install or use the Game.
1. LICENSE
1.1 Grant of License
We grant you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Game on your compatible personal computer (PC) solely for your personal, private, and non-commercial use. This license grants you the right to enjoy the Game but does not convey any ownership rights or additional rights in the software.
1.2 Use Restrictions
You agree not to:
Distribute or Share: You may not distribute, rent, sublicense, sell, or share copies of the Game or its content.
Modify or Create Derivatives: You may not modify, adapt, translate, or create derivative works based on the Game without our express written permission.
Decompile or Reverse Engineer: You may not decompile, disassemble, reverse engineer, or attempt to extract the source code of the Game.
Use for Commercial Purposes: You may not use the Game for commercial activities, direct monetization, or in public transmissions without obtaining our prior written authorization.
Manipulate the Game: You may not attempt to circumvent any security measures, modify files, or make unauthorized modifications that affect the functionality of the Game.
2. WARNINGS AND USAGE RESTRCTIONS
2.1. Mature Content and Age Recommendation
This game may not be suitable for all audiences and is rated for players aged 16 and older due to its mature content, including psychological horror, dark themes, verbal abuse, strong language, and references to suicide and murder.
However, due to the intense nature of this content, Kyomu Games recommends that the game be played only by individuals 18 years of age or older.
2.2. Fictional Nature and Sensitivity
The events and characters depicted in this game are works of fiction and do not reflect reality.
The Game contains sensitive material that may be disturbing and/or cause emotional distress to some individuals. Viewer discretion is advised, particularly for individuals with pre-existing mental health conditions such as depression, anxiety, stress, trauma, sleep disorders, grief, or any other condition that may be negatively affected by the game's content.
Kyomu Games strongly advises against individuals under the age of 18, as well as those who are emotionally vulnerable or who may be disturbed by graphic, thematic, or intense content playing the Game.
Kyomu Games is not responsible for any physical or psychological consequences that may arise from playing the game, regardless of the circumstances, including but not limited to any mental, emotional, or physical disorder that may be exacerbated or triggered by the game's content.
If you are affected by the game's content or if you are experiencing emotional difficulties, we strongly encourage you to seek professional help. Resources are available to assist you in coping with these challenges.
3. OWNERSHIP
3.1 Intellectual Property Rights
All rights, title, and interest related to the Game, including but not limited to, graphics, music, sounds, special effects, characters, level designs, text, source code, user interfaces, documentation, and any other related content, are the exclusive property of Kyomu Games and its licensors. These rights are protected by copyright, trademark, patent, trade secret, and other intellectual property laws worldwide. The license granted in this EULA does not transfer to you any ownership rights in or to the Game or any part thereof. You agree not to remove, obscure, or alter any copyright or trademark notices that appear in the Game.
To ensure an optimal gaming experience, the Game incorporates third-party software ('Third-Party Software'), such as high-quality 3D models, music, and sound effects, acquired under commercial licenses and subject to specific terms. Breach of these licenses may result in termination of your access to the game and legal action. It is strictly prohibited to distribute, sell, modify, or create new products based on the Third-Party Software independently.
3.2 Trademarks
The trademarks, logos, and trade names associated with the Game are the property of Kyomu Games or its licensors, and you have no right to use them without our prior written consent.
4. WARRANTIES AND DISCLAIMER
The Veil of the Forgotten includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Kyomu Games, 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 your 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. Without limiting the generality of the foregoing, Kyomu Games, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the The Veil of the Forgotten, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this The Veil of the Forgotten, or will not revoke approval of this The Veil of the Forgotten for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Kyomu Games and Epic. Kyomu Games, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Kyomu Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Kyomu Games' 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 EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Kyomu Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Kyomu Games' 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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Kyomu Games', Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Kyomu Games, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
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 Kyomu Games, Epic, Epic’s licensors, its and their affiliates, and any of Kyomu Games' or Epic’s service providers shall be limited to the full extent permitted by law.
5. TERMINATION
5.1 Causes for Termination
This End User License Agreement (EULA) shall remain in effect until terminated by either party. Kyomu Games may terminate this EULA immediately and without notice if you:
Breach any term or condition of this EULA.
Use the Game in a fraudulent or illegal manner.
Engage in any activity that damages the reputation of Kyomu Games or other users.
Use hacks, cheats, or any other unauthorized software.
Violate any applicable law or regulation.
5.2 Effects of Termination
Upon termination:
Your right to use the Game shall immediately cease.
You shall delete or destroy all copies of the Game in your possession, whether on your device or any other storage medium.
6. INDEMNIFICATION
You agree to indemnify and hold harmless Kyomu Games, its affiliates, directors, officers, and employees from any claim, demand, damage, loss, cost or expense, including attorney's fees, arising out of or in connection with:
(i) any defamatory, abusive or slanderous statement made by you through any medium related to the Game, including but not limited to, postings on external forums, social media, third-party platforms, or any other online platform;
(ii) any breach by you of this Agreement; or
(iii) any infringement by you of the rights of any third party, including without limitation, intellectual property rights.
7. PRIVACY
This game does not collect personally identifiable information from users. However, we may collect anonymous data, such as the type of device used or total playtime. This information is used solely for internal purposes to improve the gaming experience and analyze general trends. We do not share this data with third parties.8. Updates
8.1 Game Updates
8.1.1 Right to Update
We reserve the right to update the game periodically to fix bugs, add new features, improve performance, adapt to changes in technology or applicable laws, and to maintain compatibility with our online services.
8.1.2 Notifications
You will be notified of available updates through the Steam platform.
8.1.3 Installation
Most updates will be installed automatically when you start the game. You can disable automatic updates in the game settings, although this may limit your access to certain features.
8.1.4 Consequences of Not Updating
Not updating the game may limit your access to certain features, cause errors, prevent the game from functioning properly, or make it incompatible with our online services.
8.1.5 Saved Data
In general, updates will not affect your saved data. However, we recommend that you back up your data before installing a major update, especially if it introduces significant changes to the game.
8.2 EULA Updates
8.2.1 Right to Update
We reserve the right to modify this EULA at any time. Material changes to the EULA, such as those that significantly limit your rights or increase your obligations, will be notified to you through a prominent in-game message.
8.2.2 Acceptance of Modified EULA
By continuing to use the game after the changes have come into effect, you will be accepting the modified EULA.
We recommend that you review the EULA periodically to stay informed of any changes. If you do not agree to the changes, you must stop using the game.
9. Disputes
This Agreement shall be governed by and construed in accordance with the laws of Spain. Any dispute or claim arising out of or in connection with this Agreement, including its formation, interpretation, performance, or breach, shall be initially resolved through good faith negotiations between the parties. If the parties cannot resolve the dispute within 30 days of written notice by either party, the dispute shall be submitted to binding arbitration in Spain in accordance with the rules of the Spanish Court of Arbitration. The language of the arbitration shall be Spanish. The arbitral award shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. Each party shall bear its own costs of arbitration and shall share equally the costs of the arbitrator and the place of arbitration.
10. General Provisions
10.1 Severability
If any provision of this Agreement is held to be invalid, void, or unenforceable, such provision shall be deemed severable from the rest of this Agreement and shall not affect the validity and enforceability of the remaining provisions.
10.2 Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to causes beyond its reasonable control, such as natural disasters, wars, or pandemics.
10.3 Waiver
The waiver by either party of any breach of the other shall not constitute a waiver of subsequent breaches.
10.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings.