| Language: |
1. ABOUT THIS AGREEMENT
1.1 This Agreement. This End User Licence Agreement (or “Agreement” for short) is a legally binding contract between you and KAKE Digital Ltd seated at 27 St Cuthberts Street, Bedford. England
Just so you know, GAMERFLEX Studios is the name of the game development studio within KAKE Digital Ltd, so we will refer to ourselves throughout this Agreement as “GAMERFLEX”, “we” or “us”.
This Agreement applies to our video game CyberpunkXXX, including game keys/codes (we will refer to “CyberpunkXXX” or the “game” to cover all of these things).
1.2 Acceptance. This Agreement will be binding on you and us once you download, install or use CyberpunkXXX (whichever is sooner). If you do not agree to it, you are not permitted to download, install or use CyberpunkXXX.
1.3 You will also need to agree and follow terms and conditions of this digital distribution platform (Steam) which you are using to download and play CyberpunkXXX.
2 AGE RESTRICTIONS AND CONTENT WARNING
2.1 Age Restrictions. CyberpunkXXX has a minimum age rating of 18. You must only play CyberpunkXXX if you are above such minimum age rating. If you are above such minimum age rating and you are over 18 (or whatever is the age of adulthood in your country) - then welcome to CyberpunkXXX. Please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter fully into contracts like this Agreement). If you are under 18 or the applicable minimum age rating in your country, you are not allowed to download, play or use CyberpunkXXX.
2.2 Content Warning. CyberpunkXXX contains scenes and images of violence, sexuality, and drug use that some may find disturbing. If you are sensitive to such content or such content is a trigger for you, please be aware of this before you begin playing the game.
3 USING CYBERPUNKXXX
3.1 Licence. GAMERFLEX gives you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use CyberpunkXXX on your personal computer, games console and/or other devices/platforms that are explicitly authorised by GAMERFLEX, depending on the particular device/system/platform you purchased the game for. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in CyberpunkXXX.
3.2 Seizure Warning. CyberpunkXXX may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before playing CyberpunkXXX. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue use and consult your doctor.
4 MINIMUM REQUIREMENTS
4.1 Minimum Requirements. CyberpunkXXX has minimum requirements depending on your chosen device/system/platform, which you will be notified of on the applicable CyberpunkXXX store page. Please make sure you meet these requirements before purchasing the game! There is no DRM or copy-protection of any kind in CyberpunkXXX, but some device/system/platform manufacturers use security technology which is outside of our control.
5 PATCHES, UPDATES AND CHANGES
We may (but are not obliged to) patch, update or change CyberpunkXXX over time (for example to add or remove features, to resolve software bugs or to balance the game). This will result in mandatory and/or automatic updates and older, non-updated versions may become unusable over time. We need these rights in order to keep CyberpunkXXX running efficiently and we reserve the right to do this without notice or liability to you.
6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1 CyberpunkXXX Ownership. CyberpunkXXX, including its visual components, characters, storylines, artwork, animations, designs, items, music and sound effects, dialogue, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all Intellectual Property Rights (defined below) and other legal and exploitation rights regarding them, are either owned by GAMERFLEX or we license them from third parties. All rights in CyberpunkXXX are reserved except as we have explained in this Agreement. You may not use or exploit any part of CyberpunkXXX except as explained in this Agreement. CyberpunkXXX and its Intellectual Property Rights are protected by copyright, trademark and other intellectual property laws worldwide.
“Intellectual Property Rights" means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
6.2 Third Party Property. GAMERFLEX respects the intellectual property rights of others. If you believe that your work has been infringed in or via CyberpunkXXX, please contact us via info@gamerflexstudios.com.
7 RULES FOR USING CYBERPUNKXXX
There are some more rules to follow if you want to play CyberpunkXXX. Please read the rules below and the Fan Content Guidelines, since failure to follow them will be considered a ‘material breach’ of this Agreement, which could lead to suspension and/or termination of your access to CyberpunkXXX. In particularly serious cases we retain the right to prohibit your future access to CyberpunkXXX and our other games and services.
Here are the rules:
a) Personal Enjoyment. Only use CyberpunkXXX for your personal enjoyment and not for any commercial purposes, unless explicitly permitted otherwise in our Fan Content Guidelines.
b) Applicable Law. You must comply with all applicable laws and regulations when using CyberpunkXXX.
c) No Transfer. Do not attempt to copy, rent, buy, sell, lend, share, lease, sublicense, transfer, distribute, publish or publicly display CyberpunkXXX or any of your rights under this Agreement in any way not expressly authorised under this Agreement. Also do not steal or misappropriate game keys/codes (all of which remain our property).
d) Technical Misuse. Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble CyberpunkXXX unless you are specifically allowed by applicable law.
e) Hacking and Cheating. Do not create, use, make available and/or distribute cheats. By cheats we mean things like exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools or other software that interact with or affect CyberpunkXXX in any way (including any unauthorised third party programs that collect information about CyberpunkXXX by reading areas of memory used by CyberpunkXXX to store information).
f) GAMERFLEX Services. Do not deliberately or maliciously interrupt or interfere with GAMERFLEX services like customer or technical support or impersonate GAMERFLEX staff.
g) GAMERFLEX IT Systems. Do not deliberately or maliciously interfere with, disrupt or access restricted areas of GAMERFLEX or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with GAMERFLEX software, through protocol emulation, or through creation or use of private servers or any analogous services regarding CyberpunkXXX.
h) Data Mining. Do not intercept, mine or otherwise collect personal or confidential data or information from CyberpunkXXX.
i) Names. Do not use ‘GAMERFLEX Studios’, ‘CYBERPUNKXXX’ or other GAMERFLEX group names or logos or trademarks for any unauthorised purposes.
j) Infringing Content. Do not do anything in connection with CyberpunkXXX that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other rights.
k) Malicious Code. Do not upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of CyberpunkXXX.
l) Geographic Restrictions. We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding CyberpunkXXX.
m) Do not do or say anything or use CyberpunkXXX in any way that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal.
8 WARRANTIES
8.1 Our Warranties. We warrant that: (a) we have the right to enter into this Agreement and to grant you the licence to use Cyberpunk 2077 in section 3; (b) we will take reasonable care with Cyberpunk 2077 and your use of it; and (c) we will use reasonable endeavors to comply with applicable laws in performing our obligations to you under this Agreement.
8.2 Your Representations and Warranties. You represent and warrant that you have the full power and ability to enter into this Agreement and will fully follow its terms.
9 LIABILITY
This section 12 does not apply to you if you are resident in the European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident elsewhere, including in the United States of America.
9.1 Our Disclaimers. Your use of CyberpunkXXX is at your own risk. Except as we have set out elsewhere in this Agreement, GAMERFLEX and its affiliates, partners and licensors disclaim any implied or express warranties or representations regarding CyberpunkXXX. CyberpunkXXX is provided to you on an "as is", “as available” basis without warranties or representations of any kind, express or implied, and we are not liable for any loss, damage or harm of any kind arising from your use of or inability to use CyberpunkXXX. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to CyberpunkXXX, including: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within CyberpunkXXX. We do not warrant that CyberpunkXXX will be uninterrupted or error-free, that defects will be corrected, or that the game will be free of viruses or other harmful components.
9.2 Our Liability Limitation. To the maximum extent permitted by applicable law, GAMERFLEX and its affiliates, partners and licensors shall not be liable to you for any loss of profits, charges or expenses, loss of data or any corruption or loss of information or any loss of business opportunity or any special, indirect, punitive, exemplary or consequential loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence, breach of statutory duty, breach of contract, breach of warranty or strict liability), misrepresentation, restitution or otherwise whether or not the relevant party has been advised of the possibility of such damage.
9.3 OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GAMERFLEX AND ITS AFFILIATES’, PARTNERS’ AND LICENSORS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH CYBERPUNKXXX OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S). THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THIS AGREEMENT
9.4 Your Indemnity to Us. You agree to indemnify and hold harmless on demand GAMERFLEX, its affiliates, licensors and partners (and keep them indemnified and held harmless) from all damages, liabilities, claims and expenses, including legal fees, in connection with: (a) any alleged or actual breach of this Agreement by you; (b) the use of CyberpunkXXX by you or any person on your behalf; and (c) infringement of GAMERFLEX, its affiliates’, licensors’ and partners’ Intellectual Property Rights. If claims are brought against us, then you will cooperate fully with us and we reserve the right to take over and conduct their defence. You will not settle any such claims in whole or in part without our prior written consent.
9.5 Injunctive Relief. You agree that any loss, damage or harm you suffer is not irreparable, and other remedies will be adequate, such that you are not entitled to injunctive or other equitable relief against GAMERFLEX, its affiliates, licensors and partners.
9.6 Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
10 TERMINATION
10.1 Your Termination Rights. You can terminate this Agreement by permanently stopping use of Cyberpunk 2077 at any time. Termination will not affect already existing rights or obligations of us or you.
10.2 Our Termination Rights. We may suspend or terminate your access to CyberpunkXXX and this Agreement if you materially breach this Agreement, which includes a breach which is serious and/or which could cause real harm to CyberpunkXXX, CyberpunkXXX users, GAMERFLEX and its affiliates, licensors and partners. In particular, it applies to the CyberpunkXXX rules we specify in section 7 above. We will try where reasonably possible to contact you to explain why we have done this and what (if anything) you can do as a result. If we suspend or terminate your access to CyberpunkXXX and this Agreement under this section, then we will not have any obligations or liabilities to you at all.
10.3 Stopping CyberpunkXXX. It seems very unlikely, but if we have to stop providing access to CyberpunkXXX (in whole or in part – e.g. on a particular platform) permanently and not because of any breach by you, we will try to give you at least one hundred and twenty (120) days advance notice by posting a note on our website. In this case, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities).
11 FORCE MAJEURE
Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.
“Force Majeure” means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, pandemics (e.g. COVID-19), fire, flood, or storm or default of suppliers or sub-contractors.
12 GOVERNING LAW
12.1 If you are resident in the European Union and elsewhere in the world (but not the United States of America):
You and we agree that your use of CyberpunkXXX, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of England and any dispute regarding it will be exclusively under the jurisdiction of the courts of England. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
If you are resident in the United States of America:
To the extent not covered by the Dispute Resolution and Binding Arbitration language in section 16 below, you and we agree that your use of Cyberpunk 2077, and this Agreement, and any issues arising out of them, will be deemed to be entered into in Los Angeles, California and governed by and interpreted according to the laws of the State of California, United States of America (and, if applicable, US Federal law) without regard to choice of law principles. Any legal claim by you against CD PROJEKT RED, to the extent not covered by the Dispute Resolution and Binding Arbitration language in section 16 below, will be made exclusively in state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that the state and federal courts in Los Angeles, California are an improper venue. In any legal claim under this Agreement, the side who wins will be entitled to its legal fees and expenses.
13 DISPUTE RESOLUTION AND BINDING ARBITRATION
13.1 Disputes. If you have concerns or issues with us, we hope we can resolve them quickly and amicably through the CyberpunkXXX support service accessible by emailing info@cyberpunkxxx.com. However, we recognise that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
13.2 Informal Dispute Resolution.
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts thirty (30) days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at https://ec.europa.eu/consumers/odr/.
13.3 Dispute Resolution Next Steps (if you live in the European Union or elsewhere in the world, but not the United States of America).
You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against GAMERFLEX, you should send a physical copy to “Legal Team, KAKE Digital Ltd, 27 St Cuthberts St, Bedford, England. as well as a digital copy to info@gamerflexstudios.com.
13.4 Dispute Resolution Next Steps (if you live in the United States of America).
Arbitration:
We and you agree to resolve all disputes and claims between us in individual binding arbitration. This includes without limitation any claims arising from this Agreement, any part of the relationship between you and GAMERFLEX. We and you agree that any claim arising out of or related to CyberpunkXXX must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine.
Some explanatory notes from us: "arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). Arbitration is less formal than court litigation and it has less formal rules (which we talk about below). Just so we and you are clear: by choosing arbitration you and we are giving up the right to have any dispute between us heard in court (before a judge and/or jury). You agree that the provisions in this paragraph will survive any termination of your access to CyberpunkXXX and/or this Agreement.
How to start an arbitration:
If either of us wants to commence arbitration, then the initiating party must send the other side a written notice setting out the basis of the claim and what remedy the initiating party is seeking from the other side. A printed version of this Agreement and of any notice given in electronic form shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you send a notice to us, please send by mail (to Legal Team, KAKE Digital Ltd, 27 St Cuthberts St, Bedford, England) and by email (to info@gamerflexstudios.com). You or we may bring an arbitration at any reasonable AAA location within the United States that is convenient for you.
13.5 The rules for the arbitration:
The US Federal Arbitration Act applies to this section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement (http://www.adr.org). The arbitrator will be bound by this Agreement.
The arbitration shall be conducted by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The AAA will administer the arbitration and it will be conducted in the English language. It may be conducted through the submission of documents, by phone, or in person at a mutually agreed location. The arbitration hearing must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed to by you and us. The AAA will only have power to arbitrate the dispute between you and us and not in relation to other people under this particular arbitration. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
If you seek US $10,000 or less, GAMERFLEX agrees to reimburse your filing fee and your share of the arbitration costs (but not including any attorney’s fees or expert witness fees), including your share of arbitrator compensation, at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. We agree not to seek our legal fees or costs in the arbitration unless the arbitrator determines your claims are without merit or your costs are unreasonable. If you seek more than US $10,000 then the arbitration costs, including arbitrator compensation, will be split between you and us according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
What the dispute resolution and arbitration sections do not apply to:
The dispute resolution and arbitration requirements do not apply to claims or disputes brought by either you or us which relate to claims of intellectual property rights infringement or claims of unauthorised use, piracy, theft or misappropriation.
This section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
13.6 Class Actions Waiver.
To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. That means, to the fullest extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration is found illegal or unenforceable, you and we agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in court.
14 OTHER LEGAL DETAILS
14.1 Severability. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
14.2 No Third Parties. This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else unless explicitly stated otherwise in this Agreement.
14.3 Other Laws. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to CyberpunkXXX or this Agreement.
14.4 Transfer. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of CyberpunkXXX, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.
14.5 Delay. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy, unless explicitly stated otherwise in this Agreement. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.
14.6 Entire Agreement. This Agreement, together with the other documents referred to within it, constitutes the entire agreement between you and us regarding this Agreement and supersede any earlier oral or written agreements.
1.1 This Agreement. This End User Licence Agreement (or “Agreement” for short) is a legally binding contract between you and KAKE Digital Ltd seated at 27 St Cuthberts Street, Bedford. England
Just so you know, GAMERFLEX Studios is the name of the game development studio within KAKE Digital Ltd, so we will refer to ourselves throughout this Agreement as “GAMERFLEX”, “we” or “us”.
This Agreement applies to our video game CyberpunkXXX, including game keys/codes (we will refer to “CyberpunkXXX” or the “game” to cover all of these things).
1.2 Acceptance. This Agreement will be binding on you and us once you download, install or use CyberpunkXXX (whichever is sooner). If you do not agree to it, you are not permitted to download, install or use CyberpunkXXX.
1.3 You will also need to agree and follow terms and conditions of this digital distribution platform (Steam) which you are using to download and play CyberpunkXXX.
2 AGE RESTRICTIONS AND CONTENT WARNING
2.1 Age Restrictions. CyberpunkXXX has a minimum age rating of 18. You must only play CyberpunkXXX if you are above such minimum age rating. If you are above such minimum age rating and you are over 18 (or whatever is the age of adulthood in your country) - then welcome to CyberpunkXXX. Please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter fully into contracts like this Agreement). If you are under 18 or the applicable minimum age rating in your country, you are not allowed to download, play or use CyberpunkXXX.
2.2 Content Warning. CyberpunkXXX contains scenes and images of violence, sexuality, and drug use that some may find disturbing. If you are sensitive to such content or such content is a trigger for you, please be aware of this before you begin playing the game.
3 USING CYBERPUNKXXX
3.1 Licence. GAMERFLEX gives you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use CyberpunkXXX on your personal computer, games console and/or other devices/platforms that are explicitly authorised by GAMERFLEX, depending on the particular device/system/platform you purchased the game for. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in CyberpunkXXX.
3.2 Seizure Warning. CyberpunkXXX may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before playing CyberpunkXXX. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue use and consult your doctor.
4 MINIMUM REQUIREMENTS
4.1 Minimum Requirements. CyberpunkXXX has minimum requirements depending on your chosen device/system/platform, which you will be notified of on the applicable CyberpunkXXX store page. Please make sure you meet these requirements before purchasing the game! There is no DRM or copy-protection of any kind in CyberpunkXXX, but some device/system/platform manufacturers use security technology which is outside of our control.
5 PATCHES, UPDATES AND CHANGES
We may (but are not obliged to) patch, update or change CyberpunkXXX over time (for example to add or remove features, to resolve software bugs or to balance the game). This will result in mandatory and/or automatic updates and older, non-updated versions may become unusable over time. We need these rights in order to keep CyberpunkXXX running efficiently and we reserve the right to do this without notice or liability to you.
6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1 CyberpunkXXX Ownership. CyberpunkXXX, including its visual components, characters, storylines, artwork, animations, designs, items, music and sound effects, dialogue, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all Intellectual Property Rights (defined below) and other legal and exploitation rights regarding them, are either owned by GAMERFLEX or we license them from third parties. All rights in CyberpunkXXX are reserved except as we have explained in this Agreement. You may not use or exploit any part of CyberpunkXXX except as explained in this Agreement. CyberpunkXXX and its Intellectual Property Rights are protected by copyright, trademark and other intellectual property laws worldwide.
“Intellectual Property Rights" means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
6.2 Third Party Property. GAMERFLEX respects the intellectual property rights of others. If you believe that your work has been infringed in or via CyberpunkXXX, please contact us via info@gamerflexstudios.com.
7 RULES FOR USING CYBERPUNKXXX
There are some more rules to follow if you want to play CyberpunkXXX. Please read the rules below and the Fan Content Guidelines, since failure to follow them will be considered a ‘material breach’ of this Agreement, which could lead to suspension and/or termination of your access to CyberpunkXXX. In particularly serious cases we retain the right to prohibit your future access to CyberpunkXXX and our other games and services.
Here are the rules:
a) Personal Enjoyment. Only use CyberpunkXXX for your personal enjoyment and not for any commercial purposes, unless explicitly permitted otherwise in our Fan Content Guidelines.
b) Applicable Law. You must comply with all applicable laws and regulations when using CyberpunkXXX.
c) No Transfer. Do not attempt to copy, rent, buy, sell, lend, share, lease, sublicense, transfer, distribute, publish or publicly display CyberpunkXXX or any of your rights under this Agreement in any way not expressly authorised under this Agreement. Also do not steal or misappropriate game keys/codes (all of which remain our property).
d) Technical Misuse. Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble CyberpunkXXX unless you are specifically allowed by applicable law.
e) Hacking and Cheating. Do not create, use, make available and/or distribute cheats. By cheats we mean things like exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools or other software that interact with or affect CyberpunkXXX in any way (including any unauthorised third party programs that collect information about CyberpunkXXX by reading areas of memory used by CyberpunkXXX to store information).
f) GAMERFLEX Services. Do not deliberately or maliciously interrupt or interfere with GAMERFLEX services like customer or technical support or impersonate GAMERFLEX staff.
g) GAMERFLEX IT Systems. Do not deliberately or maliciously interfere with, disrupt or access restricted areas of GAMERFLEX or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with GAMERFLEX software, through protocol emulation, or through creation or use of private servers or any analogous services regarding CyberpunkXXX.
h) Data Mining. Do not intercept, mine or otherwise collect personal or confidential data or information from CyberpunkXXX.
i) Names. Do not use ‘GAMERFLEX Studios’, ‘CYBERPUNKXXX’ or other GAMERFLEX group names or logos or trademarks for any unauthorised purposes.
j) Infringing Content. Do not do anything in connection with CyberpunkXXX that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other rights.
k) Malicious Code. Do not upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of CyberpunkXXX.
l) Geographic Restrictions. We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding CyberpunkXXX.
m) Do not do or say anything or use CyberpunkXXX in any way that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal.
8 WARRANTIES
8.1 Our Warranties. We warrant that: (a) we have the right to enter into this Agreement and to grant you the licence to use Cyberpunk 2077 in section 3; (b) we will take reasonable care with Cyberpunk 2077 and your use of it; and (c) we will use reasonable endeavors to comply with applicable laws in performing our obligations to you under this Agreement.
8.2 Your Representations and Warranties. You represent and warrant that you have the full power and ability to enter into this Agreement and will fully follow its terms.
9 LIABILITY
This section 12 does not apply to you if you are resident in the European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident elsewhere, including in the United States of America.
9.1 Our Disclaimers. Your use of CyberpunkXXX is at your own risk. Except as we have set out elsewhere in this Agreement, GAMERFLEX and its affiliates, partners and licensors disclaim any implied or express warranties or representations regarding CyberpunkXXX. CyberpunkXXX is provided to you on an "as is", “as available” basis without warranties or representations of any kind, express or implied, and we are not liable for any loss, damage or harm of any kind arising from your use of or inability to use CyberpunkXXX. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to CyberpunkXXX, including: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within CyberpunkXXX. We do not warrant that CyberpunkXXX will be uninterrupted or error-free, that defects will be corrected, or that the game will be free of viruses or other harmful components.
9.2 Our Liability Limitation. To the maximum extent permitted by applicable law, GAMERFLEX and its affiliates, partners and licensors shall not be liable to you for any loss of profits, charges or expenses, loss of data or any corruption or loss of information or any loss of business opportunity or any special, indirect, punitive, exemplary or consequential loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence, breach of statutory duty, breach of contract, breach of warranty or strict liability), misrepresentation, restitution or otherwise whether or not the relevant party has been advised of the possibility of such damage.
9.3 OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GAMERFLEX AND ITS AFFILIATES’, PARTNERS’ AND LICENSORS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH CYBERPUNKXXX OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S). THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THIS AGREEMENT
9.4 Your Indemnity to Us. You agree to indemnify and hold harmless on demand GAMERFLEX, its affiliates, licensors and partners (and keep them indemnified and held harmless) from all damages, liabilities, claims and expenses, including legal fees, in connection with: (a) any alleged or actual breach of this Agreement by you; (b) the use of CyberpunkXXX by you or any person on your behalf; and (c) infringement of GAMERFLEX, its affiliates’, licensors’ and partners’ Intellectual Property Rights. If claims are brought against us, then you will cooperate fully with us and we reserve the right to take over and conduct their defence. You will not settle any such claims in whole or in part without our prior written consent.
9.5 Injunctive Relief. You agree that any loss, damage or harm you suffer is not irreparable, and other remedies will be adequate, such that you are not entitled to injunctive or other equitable relief against GAMERFLEX, its affiliates, licensors and partners.
9.6 Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
10 TERMINATION
10.1 Your Termination Rights. You can terminate this Agreement by permanently stopping use of Cyberpunk 2077 at any time. Termination will not affect already existing rights or obligations of us or you.
10.2 Our Termination Rights. We may suspend or terminate your access to CyberpunkXXX and this Agreement if you materially breach this Agreement, which includes a breach which is serious and/or which could cause real harm to CyberpunkXXX, CyberpunkXXX users, GAMERFLEX and its affiliates, licensors and partners. In particular, it applies to the CyberpunkXXX rules we specify in section 7 above. We will try where reasonably possible to contact you to explain why we have done this and what (if anything) you can do as a result. If we suspend or terminate your access to CyberpunkXXX and this Agreement under this section, then we will not have any obligations or liabilities to you at all.
10.3 Stopping CyberpunkXXX. It seems very unlikely, but if we have to stop providing access to CyberpunkXXX (in whole or in part – e.g. on a particular platform) permanently and not because of any breach by you, we will try to give you at least one hundred and twenty (120) days advance notice by posting a note on our website. In this case, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities).
11 FORCE MAJEURE
Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.
“Force Majeure” means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, pandemics (e.g. COVID-19), fire, flood, or storm or default of suppliers or sub-contractors.
12 GOVERNING LAW
12.1 If you are resident in the European Union and elsewhere in the world (but not the United States of America):
You and we agree that your use of CyberpunkXXX, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of England and any dispute regarding it will be exclusively under the jurisdiction of the courts of England. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
If you are resident in the United States of America:
To the extent not covered by the Dispute Resolution and Binding Arbitration language in section 16 below, you and we agree that your use of Cyberpunk 2077, and this Agreement, and any issues arising out of them, will be deemed to be entered into in Los Angeles, California and governed by and interpreted according to the laws of the State of California, United States of America (and, if applicable, US Federal law) without regard to choice of law principles. Any legal claim by you against CD PROJEKT RED, to the extent not covered by the Dispute Resolution and Binding Arbitration language in section 16 below, will be made exclusively in state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that the state and federal courts in Los Angeles, California are an improper venue. In any legal claim under this Agreement, the side who wins will be entitled to its legal fees and expenses.
13 DISPUTE RESOLUTION AND BINDING ARBITRATION
13.1 Disputes. If you have concerns or issues with us, we hope we can resolve them quickly and amicably through the CyberpunkXXX support service accessible by emailing info@cyberpunkxxx.com. However, we recognise that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
13.2 Informal Dispute Resolution.
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts thirty (30) days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at https://ec.europa.eu/consumers/odr/.
13.3 Dispute Resolution Next Steps (if you live in the European Union or elsewhere in the world, but not the United States of America).
You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against GAMERFLEX, you should send a physical copy to “Legal Team, KAKE Digital Ltd, 27 St Cuthberts St, Bedford, England. as well as a digital copy to info@gamerflexstudios.com.
13.4 Dispute Resolution Next Steps (if you live in the United States of America).
Arbitration:
We and you agree to resolve all disputes and claims between us in individual binding arbitration. This includes without limitation any claims arising from this Agreement, any part of the relationship between you and GAMERFLEX. We and you agree that any claim arising out of or related to CyberpunkXXX must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine.
Some explanatory notes from us: "arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). Arbitration is less formal than court litigation and it has less formal rules (which we talk about below). Just so we and you are clear: by choosing arbitration you and we are giving up the right to have any dispute between us heard in court (before a judge and/or jury). You agree that the provisions in this paragraph will survive any termination of your access to CyberpunkXXX and/or this Agreement.
How to start an arbitration:
If either of us wants to commence arbitration, then the initiating party must send the other side a written notice setting out the basis of the claim and what remedy the initiating party is seeking from the other side. A printed version of this Agreement and of any notice given in electronic form shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you send a notice to us, please send by mail (to Legal Team, KAKE Digital Ltd, 27 St Cuthberts St, Bedford, England) and by email (to info@gamerflexstudios.com). You or we may bring an arbitration at any reasonable AAA location within the United States that is convenient for you.
13.5 The rules for the arbitration:
The US Federal Arbitration Act applies to this section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement (http://www.adr.org). The arbitrator will be bound by this Agreement.
The arbitration shall be conducted by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The AAA will administer the arbitration and it will be conducted in the English language. It may be conducted through the submission of documents, by phone, or in person at a mutually agreed location. The arbitration hearing must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed to by you and us. The AAA will only have power to arbitrate the dispute between you and us and not in relation to other people under this particular arbitration. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
If you seek US $10,000 or less, GAMERFLEX agrees to reimburse your filing fee and your share of the arbitration costs (but not including any attorney’s fees or expert witness fees), including your share of arbitrator compensation, at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. We agree not to seek our legal fees or costs in the arbitration unless the arbitrator determines your claims are without merit or your costs are unreasonable. If you seek more than US $10,000 then the arbitration costs, including arbitrator compensation, will be split between you and us according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
What the dispute resolution and arbitration sections do not apply to:
The dispute resolution and arbitration requirements do not apply to claims or disputes brought by either you or us which relate to claims of intellectual property rights infringement or claims of unauthorised use, piracy, theft or misappropriation.
This section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
13.6 Class Actions Waiver.
To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. That means, to the fullest extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration is found illegal or unenforceable, you and we agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in court.
14 OTHER LEGAL DETAILS
14.1 Severability. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
14.2 No Third Parties. This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else unless explicitly stated otherwise in this Agreement.
14.3 Other Laws. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to CyberpunkXXX or this Agreement.
14.4 Transfer. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of CyberpunkXXX, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.
14.5 Delay. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy, unless explicitly stated otherwise in this Agreement. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.
14.6 Entire Agreement. This Agreement, together with the other documents referred to within it, constitutes the entire agreement between you and us regarding this Agreement and supersede any earlier oral or written agreements.