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End-User License Agreement (EULA) for Droplet: States of Matter

Last updated: 16 March 2021

1. INTRODUCTION

This End-User License Agreement ("EULA") is a legal agreement between you and Krayfish Entertainment (the publishing entity represented by the individual Karl Ast). Please read carefully as this agreement provides a license to use Droplet: States of Matter (the "Software") and contains warranty information and liability disclaimers. By taking the steps to install this Software, you confirm acceptance of this agreement. If you do not agree to this EULA, then do not install this software.

2. LICENSE GRANT

Krayfish Entertainment grants you a revocable, non-exclusive, non-transferable, limited right to install and use the Software. Failure to abide by the terms set forth by this agreement will result in termination of the license.

You may install the Software on multiple machines, but you may not circumvent the policies or security mechanisms set forth by Steam, the vendor approved by Krayfish Entertainment for distribution. You may not obtain this software through means other than Steam or other vendors approved by Krayfish Entertainment. You must also comply with the terms of conditions set forth by Steam as well as Unreal Engine, the engine in which the Software operates.

3. COPYRIGHT

This Software is protected under United States copyright law. This includes all game assets including but not limited to character models, graphics, audio and music. You are not granted direct ownership of these assets upon agreement.

User-created media based on or inspired by the Software must comply with fair use (17 U.S.C. § 107) in accordance with United States copyright law. This includes but is not limited to fanart, reviews, parodies, commentary and live streaming. Any derivative works must comply with fair use law. They should also credit Krayfish Entertainment in an easily visible location such as in the work's description.

4. LIMITATION ON REVERSE ENGINEERING

You may reverse engineer the Software to the extent permitted by the terms and conditions set forth by Steam and Unreal Engine. However, you may not distribute reverse engineered versions of the Software to other users.

You may create stand-alone modifications (“game mods”) of the Software. You may distribute these game mods so long as they are not bundled with the Software. Users of game mods must have accepted this EULA for an unmodified version of the Software. Game mods must use a license that is compatible with the Software, Unreal Engine and Steam. Game mods may not be distributed for commercial purposes.

5. PRIVACY

It is important to Krayfish Entertainment that your privacy and personal information are respected. We do not collect personal information beyond what is already collected by Steam. This includes any information provided in your Steam profile such as your name, location and email address. We also keep track of how long you have used the Software for. We will not use your personal information for unwanted soliciting, and we will take precautions to ensure your information is secure to the best of our ability.

6. DISCLAIMERS AND WARRANTY

KRAYFISH ENTERTAINMENT AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT OR INCIDENTAL CONSEQUENCES THAT MAY OCCUR AS A RESULT OF THE USE OF THIS SOFTWARE.

THIS AGREEMENT DOES NOT GUARANTEE THAT THE SOFTWARE IS FREE OF ERRORS. THE SOFTWARE COMES "AS IS" AND NOTHING IS WARRANTED BEYOND THE MINIMUM REQUIRED BY LAW. YOU MAY REQUEST A REFUND VIA STEAM IF YOU ARE NOT SATISFIED WITH THE SOFTWARE. DOING SO WILL TERMINATE THIS AGREEMENT.

THIS EULA MAY BE SUBJECT TO CHANGE IN THE FUTURE. BY AGREEING TO THIS EULA, YOU ALSO AGREE TO ANY FUTURE CHANGES MADE TO THIS AGREEMENT.

Droplet: States of Matter 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. Krayfish Entertainment, 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, Krayfish Entertainment, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (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 Software, or will not revoke approval of this Software 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 Krayfish Entertainment and Epic. Krayfish Entertainment, 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 Krayfish Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Krayfish Entertainment’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 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 Krayfish Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Krayfish Entertainment’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 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 Krayfish Entertainment’s, 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 Krayfish Entertainment, 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 Krayfish Entertainment, Epic, Epic’s licensors, its and their affiliates, and any of Krayfish Entertainment’s or Epic’s service providers shall be limited to the full extent permitted by law.

7. TERMINATION

We may terminate this EULA if you do not comply with it. You can also terminate it by uninstalling the Software and removing all game assets from your machines. You will no longer be authorized to use this Software should the EULA be terminated.

8. CONTACT

The website for Krayfish Entertainment is located at: https://krayfishentertainment.com

We can be reached via e-mail at karlast@krayfishentertainment.com.