END USER LICENSE AGREEMENT (EULA)

For Fate's Ultimatum for Destiny

Last Updated: February 28, 2025

This End User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and FUDGames LLC ("FUDGames," "we," "us," or "our"), a limited liability company based in Colorado, USA, regarding your use of Fate's Ultimatum for Destiny (the "Game"). By downloading, installing, or using the Game, you agree to be bound by the terms of this EULA. If you do not agree, do not install or use the Game.

1. License Grant

FUDGames grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Game on devices running Windows or macOS that you own or control, solely for personal, non-commercial purposes. You may install the Game free of charge, subject to the terms of this EULA.

2. Restrictions

You agree not to:

Content Creation Exception: You may create and share videos, streams, or other content featuring gameplay of the Game for personal or commercial purposes (e.g., on platforms like Twitch or YouTube), provided you do not redistribute the Game itself or claim ownership of its intellectual property. FUDGames reserves the right to request removal of such content if it violates this EULA or harms the Game's reputation.

3. Ownership and Intellectual Property

The Game, including its artwork, soundtracks, sound effects, code, and all other content, is the property of FUDGames LLC or its licensors and is protected by copyright, trademark, and other laws. FUDGames utilizes artificial intelligence (AI) techniques in various aspects of the Game, including but not limited to artwork, soundtracks, sound effects, and opponent decision-making. All rights, title, and interest in the Game, including AI-generated content, remain with FUDGames. You do not acquire any ownership rights by using the Game.

4. Monetization

Fate's Ultimatum for Destiny is a free-to-play online multiplayer game. FUDGames may offer optional microtransactions (e.g., in-game purchases) and/or subscription services to enhance your experience. All payments are non-refundable, except where required by applicable law. You agree to pay all fees associated with your use of these services. Failure to maintain an active subscription (if applicable) may result in loss of access to certain features or the Game.

5. Termination

FUDGames may terminate or suspend your access to the Game at our sole discretion, without notice, if:

Upon termination, your license to use the Game ends immediately, and you must uninstall the Game from your devices. Sections 3, 6, 7, 9, and 10 of this EULA will survive termination.

6. Disclaimer of Warranties and Limitation of Liability

The Game is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. FUDGames does not guarantee that the Game will be error-free, uninterrupted, or secure.

To the fullest extent permitted by law, FUDGames is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Game, including but not limited to loss of data, profits, or goodwill. FUDGames is not responsible for server downtime, hacking, or other online risks beyond our reasonable control.

7. Age Restriction

You must be at least 13 years of age to use the Game. By installing or using the Game, you represent that you meet this age requirement. If you are under 18, you should review this EULA with a parent or guardian.

8. Updates and Patches

FUDGames may provide updates, patches, or other modifications to the Game at our discretion. These updates are mandatory and must be installed to continue connecting to the Game's servers. We reserve the right to cease support for the Game or any version thereof at any time without notice.

9. Customer Support

For assistance, please contact our support team at [email protected]. We will aim to respond to inquiries in a timely manner but do not guarantee resolution of all issues.

10. Governing Law and Dispute Resolution

This EULA is governed by the laws of the State of Colorado, USA, without regard to its conflict of law principles. Any disputes arising under this EULA will be resolved in the state or federal courts located in Colorado, and you consent to the jurisdiction of such courts.

11. Miscellaneous

Entire Agreement: This EULA constitutes the entire agreement between you and FUDGames regarding the Game and supersedes any prior agreements.

Severability: If any provision of this EULA is found invalid, the remaining provisions will remain in effect.

Amendments: FUDGames may update this EULA at any time by posting the revised version on our website or within the Game. Continued use of the Game after such changes constitutes your acceptance of the new terms.

For questions about this EULA, contact us at [email protected].