End User License Agreement (EULA)

This End User License Agreement (the "Agreement") is a legal contract between you (the "User" or "Licensee") and KDIL Games (the "Company" or "Licensor"). By downloading, installing, accessing, or using Fears of Silence, including any related services, content, or software (collectively referred to as the "Software"), you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Software.

 

1. LICENSE GRANT

1.1 License: Subject to the terms and conditions of this Agreement, the Company grants you a non-exclusive, non-transferable, revocable license to install and use the Software solely for personal, non-commercial use on a compatible device.

1.2 Scope of License: This license allows you to:

• Install the Software on a supported device.

• Use the Software for its intended purpose, including playing the game, accessing online services, and receiving updates as provided by the Company.

1.3 Restrictions: You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Software.

• Rent, lease, sell, sublicense, or otherwise distribute the Software.

• Modify, adapt, or create derivative works based on the Software.

• Use the Software for any unlawful purpose or in violation of the terms of this Agreement.

• Share or transfer your license to another party without prior written consent from the Company.

 

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Ownership: The Software and all related content, including but not limited to the game, graphics, music, trademarks, logos, and software, are owned by the Company or its licensors. All rights, titles, and interests in the Software, including all intellectual property rights, are and shall remain the exclusive property of the Company or its licensors.

2.2 No Ownership Rights: This Agreement does not grant you any ownership rights in the Software or any other intellectual property of the Company. You only receive the limited rights described in Section 1.

 

3. USER CONTENT AND CONDUCT

3.1 User Content: You may be able to create, upload, or share content through the Software (e.g., screenshots, videos, in-game creations). By submitting any content, you grant the Company a worldwide, royalty-free, irrevocable license to use, distribute, display, and modify such content for promotional, commercial, or operational purposes.

3.2 Acceptable Use: You agree not to use the Software to:

• Engage in abusive, harmful, or illegal conduct, including harassment, hate speech, or exploiting other players.

• Upload or distribute malicious code, viruses, or other harmful software.

• Cheat, exploit game bugs, or engage in any behavior that negatively impacts other players' experiences.

• Violate the Company’s community guidelines or terms of service.

 

4. UPDATES AND PATCHES

4.1 Updates: The Company may periodically provide updates, patches, or other modifications to the Software. You agree to accept these updates and install them in order to continue using the Software.

4.2 Discontinuation: The Company reserves the right to modify or discontinue the Software, services, or any part thereof at its discretion. This may include shutting down servers or ceasing support for older versions of the Software.

 

5. PRIVACY POLICY

5.1 Data Collection: By using the Software, you acknowledge that the Company may collect certain personal information in accordance with its Privacy Policy. Please review the Privacy Policy for more details on how your data is collected, used, and protected.

 

6. WARRANTY DISCLAIMER

6.1 No Warranty: The Software is provided "as is" and "as available" without any warranty of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2 No Guarantee: The Company does not guarantee that the Software will be error-free, uninterrupted, or meet your expectations. The Software may contain bugs, issues, or errors that may impact performance.

 

7. LIMITATION OF LIABILITY

7.1 Limitation: To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Software, including loss of data, revenue, or profit.

7.2 Maximum Liability: In no event shall the Company’s total liability to you exceed the amount you paid, if any, for the Software in the past twelve (12) months.

 

8. TERMINATION

8.1 Termination of License: The Company reserves the right to terminate this Agreement and your license to use the Software at any time if you violate the terms of this Agreement. Upon termination, you must immediately cease using the Software and uninstall it from your device.

8.2 Survival: The sections of this Agreement that by their nature should survive termination will continue to apply after termination, including but not limited to the sections regarding intellectual property, warranty disclaimers, limitations of liability, and governing law.

 

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Croatia, without regard to its conflict of law principles.

9.2 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through [arbitration/mediation] in Croatia. You agree to submit to the jurisdiction of the courts of Croatia for the resolution of any disputes not subject to arbitration.

 

10. MISCELLANEOUS

10.1 Entire Agreement: This Agreement constitutes the entire agreement between you and the Company regarding the Software. It supersedes all prior or contemporaneous communications, whether electronic, oral, or written, regarding the Software.

10.2 Severability: If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

10.3 Amendments: The Company reserves the right to update or modify this Agreement at any time. Any changes will be posted on the Company’s website, and your continued use of the Software after the posting of such changes constitutes your acceptance of the revised Agreement.

By accepting this Agreement, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined herein.

If you do not agree to this Agreement, do not install, use, or access the Software.