End User License Agreement

This End User License Agreement ("Agreement") is a legal agreement between you and PrimeFoundry Games ("we", "us", "our") for the video game Duskwarden, including its executable code, data files, artwork, audio, updates, patches, and any related documentation (together, the "Game").

BY INSTALLING, COPYING, OR PLAYING THE GAME, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR PLAY THE GAME. If you are under the age of majority where you live, your parent or legal guardian must accept this Agreement for you.

This Agreement is in addition to the Steam Subscriber Agreement between you and Valve Corporation. Use of the Game's online services is also subject to our Terms of Service, and our handling of personal data is described in our Privacy Policy.

1. License Grant

The Game is licensed, not sold. Provided you obtained the Game legitimately through Steam and comply with this Agreement, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install the Game on computers you own or control and to play it for your personal, non-commercial entertainment, through your Steam account.

Except where the law of your country says otherwise, this license does not allow you to sell, rent, lend, or otherwise transfer the Game or your access to it.

2. Ownership

The Game and all copies of it, including its code, characters, story, world, names, logos, artwork, models, animations, music, sound effects, and all related intellectual property, are owned by PrimeFoundry Games or its licensors and are protected by copyright, trademark, and other laws, including Brazilian Law No. 9,610/1998 (Copyright) and Law No. 9,609/1998 (Software), and international treaties. All rights not expressly granted to you are reserved.

3. Restrictions

Except as expressly allowed by this Agreement or by mandatory law, you may not, and may not allow or help anyone else to:

Any attempt to do any of the above is a material breach of this Agreement and may also violate the law, including laws against the circumvention of technical protection measures and the unauthorized use of computer programs (such as Brazilian Law No. 9,609/1998, the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 1201, and Directive 2009/24/EC in the European Union). We may pursue all remedies available to us, including civil action and, where applicable, criminal complaints.

4. Online Features and Account

The Game uses Steam to sign you in and to connect players, and creates a game account on PlayFab (Microsoft) linked to your Steam account. Multiplayer sessions are hosted by players' own computers. Online features may change, be interrupted, or end, and may require an internet connection; you can choose to play offline. Your conduct in online features is governed by our Terms of Service, and we may suspend or ban accounts that break them or this Agreement.

5. Data, Usage Statistics, and Adaptive Enemies

With your permission, which the Game asks for on first launch and which you can change at any time in Options > Gameplay, the Game sends usage statistics (such as session length, performance, and hardware) to PlayFab. The Game's enemies use machine learning that runs only on the computer hosting the world; what they learn is saved with that world on that computer and is never sent to us or to third parties. Full details are in our Privacy Policy.

6. Early Access and Updates

The Game is in Early Access. It is unfinished, may contain bugs, and will change. We may provide updates, patches, and new content, which may be downloaded and installed automatically through Steam, and which may change or remove features or make older saves incompatible. This Agreement applies to all updates unless they come with a different agreement.

7. Videos, Streaming, and Fan Content

You may stream the Game and create and publish videos, screenshots, and fan art of it, including on monetized channels through platform programs (such as YouTube or Twitch partnerships, advertising revenue, and donations), as long as you do not present your content as official, use our logo as your own branding, sell our assets, or distribute content from unreleased or leaked builds. We may withdraw this permission for specific content that breaks these rules.

8. User Content and Feedback

You keep any rights you have in what you create in the Game, such as chat messages and the names of your worlds and characters, and you give us a worldwide, free, non-exclusive license to host, transmit, and display it as needed to run the Game's online features. If you send us suggestions, ideas, or bug reports, you agree we may use them freely to improve the Game.

9. Third-Party Components

The Game includes third-party software, fonts, and assets that are licensed to us. Those components remain the property of their owners and may be subject to their own license terms, which are provided with the Game where required. Steam is provided by Valve Corporation and PlayFab by Microsoft Corporation, under their own terms.

10. Termination

This Agreement remains in effect until terminated. It ends automatically, without notice, if you breach any of its terms, in particular Section 3. You may end it at any time by uninstalling the Game and deleting all copies. When it ends, you must stop using the Game and delete all copies in your possession. Sections 2, 3, 11, 12, 13, and 14 survive termination.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE GAME OR ITS ONLINE FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SAVED GAMES WILL NOT BE LOST OR CORRUPTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIMEFOUNDRY GAMES, ITS MEMBERS, AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, SAVED GAMES, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO THE GAME OR THIS AGREEMENT, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE GAME WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE GAME.

13. Your Consumer Rights

Nothing in this Agreement limits any right you have as a consumer that cannot be waived or limited under the law of your country of residence, including the Brazilian Consumer Defense Code (Law No. 8,078/1990) and the consumer laws of the European Union and the United Kingdom. Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages, so parts of Sections 11 and 12 may not apply to you. Nothing in this Agreement limits liability for death or personal injury caused by negligence, for fraud, or for willful misconduct.

14. Governing Law and Disputes

This Agreement is governed by the laws of the Federative Republic of Brazil, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Please contact us first so we can try to resolve any issue informally. If you are a consumer, you may bring proceedings in the courts of your place of residence and you keep the protection of the mandatory laws of your country of residence; otherwise, the courts of Brazil have exclusive jurisdiction.

15. General

This Agreement, together with the Terms of Service and the Privacy Policy, is the entire agreement between you and us about the Game. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions stay in full effect. Our failure to enforce any provision is not a waiver of it. You may not assign this Agreement; we may assign it to a successor that continues the Game. We may update this Agreement for future versions of the Game; the current version is always available at duskwarden.primefoundrygames.com/eula. If this Agreement is translated, the English version prevails to the extent permitted by law. You must comply with all applicable export and sanctions laws when using the Game.

16. Contact

PrimeFoundry Games
contact@primefoundrygames.com
duskwarden.primefoundrygames.com