8 FAN CONTENT
Please refer to our Fan Content Guidelines [https://cdprojektred.com/fan-content] for information on when/how you can make community-generated Cyberpunk 2077 content (e.g. fan art, websites, videos/streams/Let’s Plays, mods etc.) and how we treat such content when it comes to ownership and licensing.
9 FEEDBACK AND CRASH REPORTS
9.1 Feedback. We love community feedback, so if you want to share your experience just contact the support team at https://support.cdprojektred.com/en/. Please remember that we may choose not to use or accept player suggestions, we cannot accept any responsibility or liability for them and, if we do somehow incorporate a suggestion or something similar to it into or around the game, we are not in any way obliged to reimburse or compensate you (financially or otherwise).
9.2 Crash Reports. If something goes wrong with Cyberpunk 2077, we may ask you to send a crash log report in order to improve the game code for future use. These reports are optional and may include some personal data (for more information, please see our Privacy Policy).
10 THIRD PARTY CONTENT AND EXTERNAL SERVICES
You might get links from us to third party websites or content through Cyberpunk 2077. You may also access Cyberpunk 2077 through different devices/systems/platforms. Using them is up to you – we cannot promise they will work, what they will be like or if they are free. Different devices/systems/platforms may also be subject to their own legal terms which you should make sure you read before using.
11 WARRANTIES
11.1 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.
11.2 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.
12 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.
12.1 Our Disclaimers. Your use of Cyberpunk 2077 is at your own risk. Except as we have set out elsewhere in this Agreement, CD PROJEKT RED and its affiliates, partners and licensors disclaim any implied or express warranties or representations regarding Cyberpunk 2077. Cyberpunk 2077 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 Cyberpunk 2077. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to Cyberpunk 2077, 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 Cyberpunk 2077. We do not warrant that Cyberpunk 2077 will be uninterrupted or error-free, that defects will be corrected, or that the game will be free of viruses or other harmful components.
12.2 Our Liability Limitation. To the maximum extent permitted by applicable law, CD PROJEKT RED 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.
12.3 OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CD PROJEKT RED AND ITS AFFILIATES’, PARTNERS’ AND LICENSORS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH CYBERPUNK 2077 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
12.4 Your Indemnity to Us. You agree to indemnify and hold harmless on demand CD PROJEKT RED, 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 Cyberpunk 2077 by you or any person on your behalf; and (c) infringement of CD PROJEKT RED’s, 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.
12.5 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 CD PROJEKT RED, its affiliates, licensors and partners.
12.6 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.”
13 TERMINATION
13.1 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.
13.2 Our Termination Rights. We may suspend or terminate your access to Cyberpunk 2077 and this Agreement if you materially breach this Agreement, which includes a breach which is serious and/or which could cause real harm to Cyberpunk 2077, Cyberpunk 2077 users, CD PROJEKT RED and its affiliates, licensors and partners. In particular, it applies to the Cyberpunk 2077 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 Cyberpunk 2077 and this Agreement under this section, then we will not have any obligations or liabilities to you at all.
13.3 Stopping Cyberpunk 2077. It seems very unlikely, but if we have to stop providing access to Cyberpunk 2077 (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).
14 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.
15 GOVERNING LAW
15.1 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 Cyberpunk 2077, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of Poland and any dispute regarding it will be exclusively under the jurisdiction of the courts of Poland. 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.
