CD PROJEKT RED User Agreement

Last updated: 10 December 2020

Hello! We are CD PROJEKT RED, part of the CD PROJEKT SA group, and we make games, including The Witcher series and Cyberpunk 2077. We've put a lot of work into building CD PROJEKT RED and as a result we need to have some rules about what you can and can't do with our games and services. We've put this Agreement together as simply as we legally can, with some informal short summaries to help you understand what it means. However, the full text wording is what is important/binding legally.

FULL TEXT
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1. ABOUT THIS AGREEMENT

1.1 This Agreement. This Agreement is a legally binding contract between you and CD PROJEKT S.A., seated at ul. Jagiellonska 74; 03-301, Warsaw, Poland.

Just so you know, CD PROJEKT RED is the name of the game development studio within CD PROJEKT S.A., so we will refer to ourselves throughout this Agreement as "CD PROJEKT RED", "we" or "us".

This Agreement applies to cyberpunk.net, thewitcher.com, cdprojektred.com, any other CD PROJEKT RED websites, any and all CD PROJEKT RED games (except those specifically mentioned below) including The Witcher, The Witcher 2: Assassins of Kings, The Witcher 3: Wild Hunt, The Witcher Battle Arena or The Witcher Adventure Game, CD PROJEKT RED forums, wikis, blogs, social media accounts, CD PROJEKT RED accounts, CD PROJEKT RED customer and technical support and any other services we provide to you (we'll call all this "CD PROJEKT RED games and services" for short).

This Agreement does not apply to Gwent or Cyberpunk 2077, which each have their own legal documents (you can find Gwent’s EULA here and Cyberpunk 2077’s EULA here).

It is binding on you and us once you use any CD PROJEKT RED games and services. If you do not agree to it, you are not permitted to use the CD PROJEKT RED games and services.

Important: please also make sure you read our: (a) game/service specific rules (e.g. the Witcher 3 EULA) - which explain in more detail the legal rules for specific games or services; and (b) CD PROJEKT RED Privacy Policy - which details CD PROJEKT RED’s collection, usage and protection of your personal information. Our Fan Content Guidelines explain what you can and cannot do with fan content about our games and services. All of these documents form part of this Agreement and we may update them from time to time. You may also need to agree and follow terms and conditions of any digital distribution platforms which you use to access and play CD PROJEKT RED games and services, such as our awesome sister company GOG.

Our modding tools for The Witcher, and REDKit for The Witcher 2: Assassins of Kings, are covered by their existing legal documents.

This agreement explains what the CD PROJEKT RED games and services are and how you can use them. We’ve included here a short, informal summary of these rules to make it easier for you. However it is the full version on the left which is legally binding.

This Agreement covers most of our games and services, but some have their own specific rules (e.g. Gwent and Cyberpunk 2077).

Please make sure you’ve also read our Fan Content Guidelines and CD PROJEKT RED Privacy Policy (links opposite).

1.2. Age Restrictions. Every CD PROJEKT RED videogame has its own age rating (e.g. PEGI, ESRB) which may differ depending on where you are located and will be displayed when you purchase the game. You should only play our games if you meet the applicable minimum age rating. If you are above the applicable minimum age rating and you are over 18 (or whatever is the age of adulthood in your country) then please enjoy our games. If you are under 18 (or whatever is the age of adulthood in your country) – before we extend an equally warm welcome, 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), plus they should supervise your use of the games, even if the age rating for a given game is lower than 18 year.

Check the age rating of a CD PROJEKT RED game before you start playing. If you are not yet 18 years old, you need parental/guardian approval, even if game is rated as suitable for minors. We know it sounds kind of silly – no, it is not our own invention, but actually a legal requirement.

1.3 Content Warning. Some CD PROJEKT RED games and services contain 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.

2. USING CD PROJEKT RED GAMES AND SERVICES

2.1 Licence. We give you the personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use CD PROJEKT RED games and services on your personal computer, games consoles and/or other devices/platforms that are explicitly authorised by CD PROJEKT RED (which are listed separately for each game on their respective websites).This licence is for your personal use only (so you can't give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and doesn't give you ownership rights in the CD PROJEKT RED games and services.

2.2 Seizure Warning. Some CD PROJEKT RED games and services 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 using the CD PROJEKT RED games and services. 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.

If you or a member of your household have an epileptic condition, please check with your doctor before using the CD PROJEKT RED games and services!

3. CD PROJEKT RED BETA ACCESS

3.1 We may release 'beta' versions of CD PROJEKT RED games and services before their full commercial release. If so:
• your access to the beta will usually be time-limited and there may be some additional contract terms;
• you will probably be asked to participate in a feedback process in which you can offer information about how the beta works;
• the beta software will be provided 'as is' without any additional promises from us or any liability on us if the software isn't complete or doesn't work fully or causes issues. After all, that's the point of us giving you beta access: you get beta access to something new, but you recognise that it won't be complete yet; and
• the game or service may have specific legal rules of its own for its beta, so check them out.

We may offer beta access to new games or services. Beta versions aren't complete and we're not responsible for what happens while you're using them. Fear not, they should not blow up your computer!

4. GOG GALAXY ACCOUNTS

4.1 GOG Galaxy. Some of our games or services may involve optional use of GOG Galaxy, an online service being created by our sister company GOG.com. Using GOG Galaxy may offer you certain benefits that wouldn’t otherwise be available to you, but it will always be totally optional, DRM-free (no copy-protection, on-line checks or authentications) and up to you.

Some CD PROJEKT RED games and services might offer you integration with GOG Galaxy. That’s totally optional and up to you. GOG.COM is our sister company, so you are in good hands of on-line specialists.

5. SYSTEM REQUIREMENTS

5.1 Minimum Requirements. Each CD PROJEKT RED game and service will have minimum requirements depending on your chosen device/system/platform (e.g. on our game store pages). Please make sure your system meets these requirements (particularly before buying any games)! Online elements of our games or services may need Internet access too. We do not include any DRM in our games ourselves, but some console/device manufacturers use security technology which is outside of our control.

Our games and services will have clearly specified minimum system requirements, which are needed in order to run our games and services.

6. PATCHES, UPDATES AND CHANGES

6.1 Occasionally we may need to patch or update CD PROJEKT RED games and services (for example to add or remove features,to resolve software bugs or to balance our games). This may 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 our games and services running efficiently.

From time to time we may need to patch, update or change how CD PROJEKT RED games and services work.

7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership. CD PROJEKT RED games and services, including (but not limited to) their 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 and other legal and exploitation rights regarding them, are either owned by us or we license them from third parties. All rights in the CD PROJEKT RED games and services are reserved except as we have explained in this Agreement. You may not use or exploit any part of CD PROJEKT RED games and services except as explained in this Agreement and our Fan Content Guidelines. The CD PROJEKT RED games and services and their intellectual property rights are protected by copyright, trademark and other intellectual property laws worldwide.

We spent years building CD PROJEKT RED and our games/services. Enjoy it all, but please behave and do not cause trouble.

7.2 Third Party Property. CD PROJEKT RED respects the intellectual property rights of others. If you believe that your work has been infringed in or via the CD PROJEKT RED games and services, please contact us via legal@cdprojektred.com.

8. WHAT YOU CAN'T DO WITH CD PROJEKT RED GAMES AND SERVICES

8.1 Please follow these rules regarding CD PROJEKT RED games and services. If you’re interested in making Fan Content, you should also read the Fan Content Guidelines. Failure to follow the rules will be considered a ‘material breach’ of this Agreement, which could lead to suspension and/or termination of your access to the CD PROJEKT RED games and services. In particularly serious cases we retain the right to prohibit your future access to the CD PROJEKT RED games and services as well as our other games.

Here are the rules:

(a) Personal Enjoyment. Only use CD PROJEKT RED games and services 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 the CD PROJEKT RED games and services.

(c) No Transfer. Do not attempt to copy, rent, buy, sell, lend, share, lease, sublicense, transfer, distribute, publish or publicly display the CD PROJEKT RED games and services 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). If you are concerned that any of this has happened to you, contact https://support.cdprojektred.com/en/

(d) Technical Misuse. We want you to be free to use your own CD PROJEKT RED content and back it up etc., but equally we need to have legal rules to protect against misuse. So (unless you have prior CD PROJEKT RED written permission) please don’t modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the CD PROJEKT RED games and services – unless you’re specifically allowed by this Agreement or 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 the CD PROJEKT RED games and services in any way (including any unauthorised third party programs that collect information about the CD PROJEKT RED games and services by reading areas of memory used by the CD PROJEKT RED games and services to store information).

(f) CD PROJEKT RED Services. Do not deliberately or maliciously interrupt or interfere with CD PROJEKT RED services like customer or technical support or impersonate CD PROJEKT RED staff.

(g) CD PROJEKT RED IT Systems. Don't deliberately or maliciously interfere with, disrupt or access restricted areas of CD PROJEKT RED 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 CD PROJEKT RED software, through protocol emulation, or through creation or use of private servers or any analogous services regarding CD PROJEKT RED games and services.

(h) Data Mining. Do not intercept, mine or otherwise collect personal or confidential data or information from the CD PROJEKT RED games and services.

(i) Names. Do not use ‘CD PROJEKT RED’ or other CD PROJEKT RED group/game/services names or logos or trademarks for any unauthorised purposes.

(j) Infringing Content. Do not do anything in connection with the CD PROJEKT RED games and services 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 the CD PROJEKT RED games and services.

(l) Geographic Restrictions. We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding the CD PROJEKT RED games and services.

(m) Be nice! Don't do or say anything or use the CD PROJEKT RED games and services in any way that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal. Be nice to each other, please!

(n) Additional Rules. Remember, some of our games have their own legal rules which supplement this Agreement - check them to find out more about what you should not do with a given game or service.

CD PROJEKT RED games and services are here for your personal enjoyment – please use them for this purpose only and make sure you follow the rules opposite!

9. FAN CONTENT

9.1 Please refer to our Fan Content Guidelines for information on when/how you can make community-generated content for the CD PROJEKT RED games and services (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.

Please check the full Fan Content Guidelines for further information about how you can make fan content of our games and services.

10. FEEDBACK AND CRASH REPORTS

10.2 Crash Reports. If something goes wrong with the CD PROJEKT RED games and services, 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).

You can send us optional crash reports.

11. THIRD PARTY CONTENT AND EXTERNAL SERVICES

11.1 You might get links from us to third party websites or content through CD PROJEKT RED games and services. You may also access the CD PROJEKT RED games and services through different devices/systems/platforms (which may also be subject to their own legal terms which you should read before using them). Using them is up to you – we can't promise they will work, what they will be like or if they are free.

You click on a link taking you outside of our little kingdom = we cannot look after you anymore.

12. WARRANTIES AND LIABILITY REGARDING CD PROJEKT RED GAMES AND SERVICES

12.1 Our Warranties. We warrant that: (i) we have the right to enter into this Agreement and to grant you the licence to use CD PROJEKT RED games and services in section 2.1; (ii) we will take reasonable care with the CD PROJEKT RED games and services and your use of them and (iii) we will use reasonable endeavours to comply with applicable laws in performing our obligations to you under this Agreement.

We make legally binding promises (called 'warranties') about CD PROJEKT RED games and services, for example that we will take reasonable care regarding your use of them. We also explain a bit further how we are responsible legally for CD PROJEKT RED games and services.

12.2 Liability. We work hard to try to make CD PROJEKT RED games and services work on your systems but we only have limited time to carry out tests and we don't always get everything right. Therefore, we can’t accept any liability or responsibility if CD PROJEKT RED games and services do not work fully or completely. Also, we are not responsible or liable for anything that happens to CD PROJEKT RED games and services, which is outside of our reasonable control.

13. TERMINATION

13.1 Your Termination Rights. You can terminate this Agreement by permanently stopping use of the CD PROJEKT RED games and services at any time. Termination will not affect already existing rights or obligations to us or you.

If you want to end this Agreement, then unfortunately you will need to stop playing/accessing our games and services.

13.2 Our Termination Rights. We may cancel or suspend your access to CD PROJEKT RED games and services if you materially breach this Agreement, which includes a breach which is serious and/or which could cause real harm to the CD PROJEKT RED games and services, its users, CD PROJEKT RED and its affiliates, licensors and partners. In particular, it applies to the rules we specify in section 8 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 cancel your access to the CD PROJEKT RED games and services and this Agreement under this section, then we will not have any obligations or liabilities to you at all.

If you seriously breach this Agreement you may lose access to CD PROJEKT RED games and services (temporarily or permanently).

13.3 Stopping the CD PROJEKT RED games and services. It seems very unlikely, but if we have to stop providing access to any CD PROJEKT RED games and services (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).

If in the very unlikely situation we have to stop running any CD PROJEKT RED games and services, we'll try to give you advance notice.

14. FORCE MAJEURE

14.1 Neither you nor we will be liable for any failure to perform any obligation under this Agreement or to provide access to CD PROJEKT RED games and services if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, internet outages, communications outages, pandemics, fire, flood, war or act of God.

If unforeseen events beyond your or our control occur (war, earthquake, gigantic flood, alien attack, Godzilla, etc. - ok the last two are jokes), then neither of us will be liable to the other for any obligations, which can't be performed.

15. GOVERNING LAW

15.1 For users resident in the European Union and elsewhere in the world (but not the USA):

You and we agree that your use of CD PROJEKT RED games and services, and this Agreement, 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.

For users resident in the USA:

You and we agree that your use of CD PROJEKT RED games and services, and this Agreement, 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, USA (and, if applicable, US Federal law). Any legal claim by you against CD PROJEKT RED 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. In any legal claim under this Agreement, the side, who wins will be entitled to its legal fees and expenses.

Any legal questions/complaints/ claims regarding this Agreement are under Polish law and jurisdiction for users all around the world except users resident in the USA, who are under California law and jurisdiction.

16. OTHER LEGAL STUFF

16.1 Severability. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.

This section sets out a few additional, hopefully self-explanatory rules about how this Agreement works legally.

16.2 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.

This Agreement and our Privacy Policy together are a contract between you and us.

16.3 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.

This Agreement is just between you and us.

16.4 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 the CD PROJEKT RED games and services or this Agreement.

We might be required to comply with law enforcement requests.

16.5 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 the CD PROJEKT RED games and services, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.

We can transfer this Agreement if we need to for business reasons.

16.6 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.

Even if we delay using a right under this Agreement, it doesn’t mean we won’t use it.

17. CHANGES TO THIS AGREEMENT

17.1 Changes. We may change this Agreement if we think it’s necessary, e.g. for legal reasons or to reflect changes in CD PROJEKT RED games and services. If so, we will make the changed Agreement available online and make reasonable efforts to tell you about it (e.g. by sending you a notice in the relevant game).

We can change this Agreement but if we do we'll put the changed version online and normally it will take effect a reasonable time period afterwards.

17.2 Binding Date. Once we change the Agreement, it will become legally binding on you 30 days after we post it online. During that period, you're welcome to contact us at legal@cdprojektred.com if you have specific questions about the changes.

If you have any questions with regards to the changes, you may contact us at legal@cdprojektred.com.

17.3 Disagreeing with Changes. If you don't agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using CD PROJEKT RED games and services. We're sorry we have to say that, but we hope you'll appreciate that for CD PROJEKT RED games and services to work properly we need to have everyone using them under the same rules instead of different people having different rules. That's why we encourage you to get in contact if you have queries or concerns.

If you don’t agree with the changes, then sadly you will need to stop using the CD PROJEKT RED games and services.

Important: please remember that the full text version is what’s legally binding – the quick summary on the right is just to help you understand the legally binding version better.