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Vampine End User License Agreement
Version: 1.0
Effective date: {{EFFECTIVE_DATE}}
This End User License Agreement ("Agreement") is between you and Project Despair LLC, a Kansas limited liability company ("Company," "we," "us," or "our"). It governs your use of Vampine, including its demo versions, the full game, and any accompanying content and updates we provide under this Agreement (collectively, the "Game"). It does not grant access to editions or additional content you have not separately obtained.
Nothing in this Agreement excludes, restricts, or waives any consumer rights, warranties, remedies, or other protections that applicable law does not allow us to exclude, restrict, or waive.
1. Acceptance
Please read this Agreement before accepting it. By selecting "I Agree," "Accept," or an equivalent acceptance option after being given an opportunity to review this Agreement, you agree to its terms. If you do not agree, do not accept this Agreement or use the Game. Your refund and other statutory rights remain unaffected.
You must have the legal capacity to enter into this Agreement. Where applicable law requires a parent or legal guardian to consent to your use or accept this Agreement on your behalf, that consent or acceptance must be obtained. This does not override any applicable age restrictions for the Game or its distribution platform.
2. License to Use the Game
Subject to this Agreement and your lawful access to the Game, we grant you a limited, non-exclusive license to install and play your authorized copy on compatible devices you own or lawfully control, for your personal entertainment. This license continues unless it ends under Section 12.
You may make copies reasonably necessary for authorized installation and use, and any backup copies permitted by applicable law. Commercial uses are not permitted except as expressly authorized in Section 5 or separately by us.
You may not sell, sublicense, or transfer this license except where permitted by applicable law or expressly authorized arrangements for the Game. Nothing in this Agreement prohibits family sharing or other shared access made available for the Game and authorized by its distribution platform.
3. Ownership and Third-Party Components
The Game and its protected code, artwork, character designs, dialogue, music, sound effects, trademarks, and other content belong to the Company or their respective rights holders. This Agreement grants permission to use the Game; it does not transfer ownership of its intellectual property to you.
Some components may be supplied under separate third-party or open-source licenses. Those licenses govern the relevant components, and this Agreement does not restrict rights they grant you. In a conflict, the applicable component license takes precedence for that component. Required notices and license information must be retained as specified by those licenses.
4. Restrictions
Except as expressly permitted by this Agreement, by us in writing, by applicable law, or by an applicable third-party license, you must not:
(a) Sell, rent, sublicense, upload, or otherwise distribute unauthorized copies of the Game, including modified copies.
(b) Extract, reproduce, or distribute the Game's protected assets for use outside the Game, including in another game, an asset pack, a standalone soundtrack, or merchandise. The screenshot and gameplay-content permissions in Section 5 are exceptions to this restriction.
(c) Reverse engineer, decompile, or disassemble the Game. This restriction does not apply to activities that applicable law permits notwithstanding contractual restrictions, including applicable interoperability exceptions.
(d) Bypass access or license protections to obtain unauthorized access to the Game or content for which you have not obtained the required rights.
(e) Remove or falsify copyright, trademark, or other proprietary notices in the Game or its files.
(f) Falsely represent your content, product, or service as an official Company product or as endorsed by us.
This Agreement does not promise official mod support or grant a general right to distribute modified Game files or extracted assets. Any additional modding permissions we offer will be identified separately. Your rights under applicable law and third-party licenses remain unaffected.
5. Screenshots, Videos, Streaming, and Reviews
We permit you to create and share screenshots, gameplay videos, livestreams, reviews, and tutorials featuring your lawful use of the Game. You may monetize that content through advertising, sponsorships, platform subscriptions, and viewer donations.
This permission covers only intellectual property rights that we control. It does not grant rights in third-party music or other third-party material beyond the rights we are authorized to grant. You remain responsible for obtaining any additional permissions required for that material and for complying with your publishing platform's rules.
You must not falsely imply that we sponsor or endorse your content. This permission does not authorize selling or distributing the Game itself, standalone Game assets, or soundtrack files. Separately agreed confidentiality obligations for a non-public test build remain applicable.
You retain your rights in your original commentary and other original contributions. We do not acquire ownership of your reviews or videos under this Agreement.
Honest criticism, negative reviews, and lawful discussion of the Game do not violate this Agreement.
6. Demo Versions
A demo provides access only to the content and functionality included in that demo. Obtaining or playing a demo does not grant ownership of, or free access to, the full game or separately offered content.
Demos may contain unfinished features, errors, or content that differs from later versions. Unless we expressly state otherwise when providing the demo, saved progress and settings may not transfer to the full game or later builds.
Any expiration date, playtime limit, or similar restriction applying to a particular demo will be disclosed when it is offered. We may stop offering a free demo to new users; doing so does not, by itself, revoke a license already granted under this Agreement.
This section does not override specific commitments made about a demo or your rights under applicable law.
7. Updates and Compatibility
We may provide updates to fix errors, improve security or compatibility, adjust gameplay balance, or comply with legal requirements. Updates may change aspects of the Game and, particularly for demo builds, may affect save compatibility.
We will comply with applicable obligations to provide updates and maintain conformity with the contract. This Agreement does not promise future expansions, new features, or indefinite additional support beyond our legal obligations and express commitments.
Where reasonably possible, back up important save files before installing updates or modifying your installation. This recommendation does not limit any responsibility we have under applicable law.
Any material changes to the Game remain subject to applicable requirements for notice, consent, and consumer remedies. This section does not authorize us to disregard binding product descriptions or other commitments made when you obtained the Game.
8. Steam, Other Platforms, and Refunds
Your use of Steam is subject to your separate agreement with Valve, including the Steam Subscriber Agreement and applicable Steam policies. This Agreement governs the license granted by the Company and does not amend your agreement with Valve or impose obligations on Valve.
For purchases made directly through Steam, refund requests are handled through Steam under its refund policy and applicable law. For purchases from another authorized seller, that seller's applicable procedures and policies apply, subject to your statutory rights.
Nothing in this Agreement reduces your rights under the applicable platform refund policy or any mandatory rights to cancellation, repair, replacement, price reduction, compensation, or a refund.
9. Privacy
This Agreement is not a privacy notice and does not constitute blanket consent to the collection or use of personal information.
For any personal information we process in connection with the Game or customer support, we will provide the privacy disclosures required by applicable law. Where consent is legally required, we will request it separately. Any applicable privacy notice should explain the relevant information practices and your rights.
Steam and other independently operated services handle information under their own privacy policies. Accepting this Agreement does not constitute consent to marketing messages.
10. Product Commitments and Warranties
Your rights to a product that conforms to the contract, any applicable legal guarantees, and any binding express commitments we make remain in effect.
We do not promise that the Game will always operate without interruption or errors, or that it will be compatible with hardware and software outside its published supported requirements. This statement does not excuse supplying a defective or nonconforming product or remove any remedy available under applicable law.
We do not disclaim implied warranties or remedies that applicable law makes non-waivable, including those protected by the Kansas Consumer Protection Act where it applies.
11. Limitations of Liability
Nothing in this Agreement excludes or limits liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that applicable law does not permit us to exclude or limit.
The limitations below do not apply to mandatory consumer remedies, including remedies for breach of implied warranties protected by the Kansas Consumer Protection Act where it applies. They also do not reduce refund rights preserved in Section 8.
Subject to those exceptions, and only to the extent permitted by applicable law, we are not responsible for losses that were not reasonably foreseeable when this Agreement was entered into, or business losses resulting from commercial uses not authorized by this Agreement.
For liabilities that applicable law permits us to limit, the Company's total aggregate liability arising from the Game or this Agreement will not exceed the greater of (a) the total amount you paid for the Game and any related content giving rise to the claim, or (b) US$100.
Where applicable law does not permit a limitation in this section, that limitation does not apply to you. Nothing in this section restricts any compensation or other remedy that cannot lawfully be limited by contract.
12. Duration and Termination
You may end this Agreement by discontinuing use of the Game and deleting your copies. Doing so does not, by itself, create an additional refund entitlement or waive an existing one.
Your license may also end when a disclosed demo access period expires or when a lawful refund or cancellation ends the corresponding entitlement to the Game.
We may terminate your license for a material breach of this Agreement. Where the breach can reasonably be corrected, we will provide notice describing it and at least 14 days to correct it before termination. Immediate termination is reserved for a material breach that cannot reasonably be remedied or circumstances where termination is required by law.
After your license lawfully ends, you must stop using and delete copies of the Game for which you no longer have a valid license, except where applicable law permits retention. This Agreement does not authorize us to remotely delete unrelated files or access your device without lawful authorization.
Termination does not remove accrued rights, mandatory consumer remedies, or your right to publish honest reviews. It does not require removal of gameplay content lawfully published under Section 5 before termination. Ownership provisions and provisions concerning existing claims and disputes continue to apply as necessary.
13. Changes to This Agreement
We may propose revisions to address changes in law, security requirements, or material changes to the Game. Revised terms will identify their effective date, and we will provide clear notice of material revisions and obtain acceptance where required by law.
Merely replacing text on a website does not, by itself, establish your acceptance of a material revision. Unless you validly accept revised terms or applicable law provides otherwise, the previously accepted terms continue to govern your existing license.
No revision will retroactively remove rights or claims that have already arisen.
14. Governing Law and Disputes
This Agreement is governed by the laws of the State of Kansas and applicable United States federal law, subject to mandatory protections that apply to you. This choice of law does not deprive you of non-waivable protections provided by the laws of your place of residence.
Disputes may be brought before courts with lawful jurisdiction. Nothing in this Agreement prevents you from bringing a claim in the courts of your place of residence where applicable law gives you that right.
This Agreement does not require mandatory arbitration or waive a right to participate in a class proceeding where that right is available under applicable law.
You may contact us to seek an informal resolution, but doing so is not a condition for exercising statutory rights, contacting a regulator, or bringing a legal claim.
15. General Terms
If a provision is found invalid or unenforceable, it will not be enforced, and the remaining provisions will continue only to the extent permitted by applicable law. A delay in enforcing a provision does not, by itself, waive the right to enforce it later.
This Agreement does not override applicable third-party licenses, your separate agreement with a distribution platform, binding product descriptions or express commitments, or mandatory legal rights.
16. Contact
Project Despair LLC
Kansas, United States
Business mailing address: {{BUSINESS_MAILING_ADDRESS}}
Email: {{CONTACT_EMAIL}}
Please identify Vampine in correspondence about this Agreement.