Version: 1.0 | Effective Date: January 1, 2025

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IMPORTANT - PLEASE READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE

By installing, copying, or otherwise using this Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this End User License Agreement ("EULA"). If you do not agree to these terms, you may not install or use the Software and should request a refund in accordance with Steam's refund policy.

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This Agreement is entered into between:

• MGR Entertainment sp. z o.o., a company incorporated under the laws of Poland, registered in the National Court Register (KRS) (hereinafter: "Licensor", "we", "us", "our"); and
  
• The end user who installs or uses the Software (hereinafter: "User", "Licensee", "you", "your").

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"Software" means the computer game Never Ending Dungeon, including all files, libraries, AI Model, updates, patches, and documentation provided by the Licensor.

"AI Model" means the local artificial intelligence system integrated into the Software that generates content based on User Input.

"AI-Generated Content" means any text, descriptions, character statistics, item descriptions, adventure narratives, and other materials generated by the AI Model in response to User Input.

"User Input" ("Prompts") means any text, commands, descriptions, and other data entered by the User into the AI Model.

"Steam" means the digital distribution platform operated by Valve Corporation.

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Subject to the terms and conditions of this Agreement, Licensor grants User a non-exclusive, non-transferable, revocable license to:

1. install the Software on a device owned or controlled by User;
   
2. use the Software for personal, non-commercial entertainment purposes;
   
3. generate AI Content using the AI Model for personal use.

User may NOT:

• copy, modify, decompile, disassemble, or reverse engineer the Software;
  
• rent, lease, lend, sell, or redistribute the Software;
  
• remove or modify any copyright notices, trademarks, or other proprietary notices;
  
• use the Software for commercial purposes without prior written consent from Licensor;
  
• extract, isolate, or use the AI Model independently from the Software.

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THIS SOFTWARE IS INTENDED FOR ADULTS ONLY (18 YEARS OF AGE AND OLDER).


By installing, launching, or using the Software, User represents and warrants that:

1. User is at least eighteen (18) years of age;
   
2. User is of legal age of majority in User's jurisdiction;
   
3. User has the legal right to access adult content in User's location;
   
4. User understands that the Software may generate mature content, including violence, vulgar language, and other adult themes;
   
5. User voluntarily chooses to access such content.

Licensor does not knowingly distribute this Software to persons under 18 years of age. Parents and legal guardians bear sole responsibility for supervising minors' access to computing devices. Licensor shall not be liable for any damages arising from a minor's access to this Software, regardless of how such access was obtained.

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The Software contains a local AI Model that processes User Input and generates AI-Generated Content directly on User's device. The AI Model:

• operates entirely offline, without connection to Licensor's servers;
  
• generates content solely based on User Input;
  
• has built-in mechanisms to limit generation of certain categories of content; however, these mechanisms are not perfect;
  
• may generate unexpected, inaccurate, or inappropriate results.

THE SOFTWARE AND AI FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Licensor does not warrant that AI-Generated Content will be:

• accurate, complete, or reliable;
  
• suitable for any particular purpose;
  
• free from errors, inaccuracies, or inappropriate content;
  
• compliant with copyrights, trademarks, or other intellectual property rights of third parties.

User is solely responsible for verifying any AI-Generated Content before use. AI-Generated Content does not reflect the views of Licensor and should not be relied upon for any decisions without independent verification.

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User represents, warrants, and covenants that all User Input (prompts) entered into the AI Model:

1. is entered in compliance with applicable law;
   
2. does not infringe any copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or other rights of third parties;
   
3. does not contain illegal, defamatory, obscene, pornographic, offensive, or harmful content;
   
4. is not intended to circumvent AI Model safeguards or force generation of prohibited content.

USER, NOT LICENSOR, BEARS SOLE RESPONSIBILITY FOR:

• all User Input entered into the AI Model;
  
• all AI-Generated Content resulting from such User Input;
  
• the manner in which AI-Generated Content is used;
  
• any legal consequences arising from generating or using AI Content.

Licensor has no obligation to review, monitor, or filter User Input or AI-Generated Content. User uses the Software and AI-Generated Content at User's own risk.

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USER AGREES NOT TO USE THE SOFTWARE FOR THE PURPOSES DESCRIBED BELOW:

• Generating, distributing, or facilitating the creation of content that violates the laws of User's or Licensor's jurisdiction;
  
• Facilitating fraud, money laundering, terrorist financing, or other criminal activities.

• Creating or distributing child sexual abuse material (CSAM) or any sexual content involving minors;
  
• Exploiting, endangering, or sexualizing persons under 18 years of age in any way;
  
• Generating content depicting minors in inappropriate or harmful situations.

• Generating content promoting hatred, discrimination, or violence based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, or disability;
  
• Creating content inciting violence, promoting terrorism, or extremism;
  
• Generating content that threatens, harasses, intimidates, or abuses specific individuals.

• Creating realistic depictions of real, identifiable persons without their consent;
  
• Generating defamatory, libelous, or false content about identifiable persons;
  
• Creating non-consensual intimate imagery (deepfake pornography).

• Intentionally generating content that infringes copyrights, trademarks, or other intellectual property rights;
  
• Knowingly replicating protected characters, designs, works, or brands.

Violation of the Acceptable Use Policy may result in:

• immediate termination of the license without refund;
  
• reporting to appropriate law enforcement authorities;
  
• pursuit of civil damages.

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User agrees to indemnify, defend, and hold harmless MGR Entertainment sp. z o.o., its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, demands, suits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. User's use of the Software;
   
2. User Input entered into the AI Model;
   
3. AI-Generated Content created at User's request;
   
4. User's breach of this Agreement;
   
5. User's violation of any third-party rights;
   
6. any claims that User's use of the Software or AI-Generated Content caused harm to a third party.

This obligation survives termination of this Agreement.

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Licensor's total aggregate liability arising out of or related to this Agreement shall not exceed the greater of: (a) the amount actually paid by User for the Software in the twelve (12) months preceding the event giving rise to the claim; or (b) EUR 50 (fifty euros).


For consumers residing in the European Union: Nothing in this Agreement excludes or limits Licensor's liability for:

• death or personal injury caused by Licensor's negligence;
  
• fraud or fraudulent misrepresentation;
  
• liability that cannot be excluded or limited under applicable EU consumer protection laws, including the Digital Content Directive (2019/770).

The limitations and exclusions in this section are subject to the applicable consumer protection laws in User's jurisdiction and do not apply to the extent prohibited by such laws.

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The Software, including the AI Model, source code, graphics, user interface, documentation, and all related intellectual property rights are and remain the exclusive property of MGR Entertainment sp. z o.o. or its licensors. This Agreement does not transfer any ownership rights in the Software to User.


AI-Generated Content may not be protected by copyright under Polish and EU law, as only a natural person can be an author under such law. User acknowledges that:

• AI-Generated Content may not be subject to copyright protection;
  
• other persons may freely use identical or similar content;
  
• Licensor does not claim any rights to AI-Generated Content created at User's request;
  
• User bears sole responsibility for any infringement of third-party rights by AI-Generated Content.

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The Software processes all User Input exclusively locally on User's device. Licensor:

• does not collect, store, or transmit User Input or AI-Generated Content to its servers;
  
• has no access to prompts entered by User or content generated by the AI Model;
  
• is not the data controller for personal data processed locally by User.

The Software is distributed through the Steam platform. Valve Corporation may collect data in accordance with its Privacy Policy available at:
https://store.steampowered.com/privacy_agreement/

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User may terminate this Agreement at any time by uninstalling the Software and deleting all copies from User's devices.


Licensor may terminate this Agreement immediately, without prior notice, if User breaches any provision of this Agreement, particularly the Acceptable Use Policy set forth in Section 6.


Upon termination of this Agreement for any reason: (a) all rights granted to User under this Agreement terminate immediately; (b) User must immediately cease using the Software and delete all copies; (c) provisions regarding liability, indemnification, intellectual property, and governing law survive termination.

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The Software is distributed through the Steam platform. User acknowledges and agrees that:

1. use of the Software is also subject to the Steam Subscriber Agreement;
   
2. in case of conflict between this Agreement and the Steam Subscriber Agreement, the Steam Subscriber Agreement prevails;
   
3. Valve Corporation is a third-party beneficiary of this Agreement to the extent necessary to enforce the Steam Subscriber Agreement;
   
4. refunds are subject to Steam's refund policy.

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This Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland, excluding its conflict of laws rules (including the United Nations Convention on Contracts for the International Sale of Goods).


Subject to Section 13.3, the parties irrevocably agree that the courts of general jurisdiction competent for Licensor's registered office in Poland shall have exclusive jurisdiction to settle any disputes arising out of or in connection with this Agreement.


For consumers residing in the European Union:

• User may bring proceedings before the courts of the Member State of User's domicile;
  
• User benefits from any mandatory provisions of the law of User's country of residence;
  
• The European Commission provides an ODR (Online Dispute Resolution) platform at:
  https://ec.europa.eu/consumers/odr/

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This Agreement, together with the Steam Subscriber Agreement, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings, oral or written.


Licensor reserves the right to modify this Agreement at any time. User will be notified of material changes through a Software update or a notice on the Steam product page. Continued use of the Software after changes are made constitutes acceptance of the modified terms.


If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the parties.


Failure or delay by Licensor in exercising any right or remedy under this Agreement shall not constitute a waiver of such right or remedy.


User may not assign or transfer this Agreement or any rights or obligations hereunder without Licensor's prior written consent. Licensor may assign this Agreement without User's consent.


This Agreement has been prepared in the English language. In the event of any translation into other languages, the English version shall be the binding version.

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For matters related to this Agreement, please contact:

MGR Entertainment sp. z o.o.
Jana Pawla II 12
05-091 Zabki
Poland

Email: mgr@crunchfest.com
KRS: 0001180765
NIP: 1251790052
REGON: 542087961

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BY INSTALLING OR USING THE SOFTWARE "NEVER ENDING DUNGEON", USER ACKNOWLEDGES THAT:

• USER HAS READ AND UNDERSTOOD ALL PROVISIONS OF THIS AGREEMENT;
  
• USER IS AT LEAST 18 YEARS OF AGE;
  
• USER AGREES TO BE BOUND BY ALL PROVISIONS OF THIS AGREEMENT;
  
• USER ACKNOWLEDGES THAT USER BEARS SOLE RESPONSIBILITY FOR USER INPUT ENTERED INTO THE AI MODEL AND FOR AI-GENERATED CONTENT;
  
• USER AGREES TO COMPLY WITH THE ACCEPTABLE USE POLICY.

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