END USER LICENSE AGREEMENT

NEANDERTHALLICA

Issued by CHEERS LLC.

Last updated: 24 January 2023

INTRODUCTION

These are the rules (the “End User Licence Agreement” or “EULA” ) we use to protect Neanderthallica (the “Game” ) and our users, including you. We’ve tried to keep them as short as possible, to help you understand how you can use the Game, and any problems that you might encounter. This EULA is a legal agreement between you and us. If you don‘t want to or can‘t agree to this EULA, then you must not buy, download, use or play the Game.

We offer the Game through different platforms including the Steam platform (“Steam” ), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). That means you need a Steam account to play the Game via Steam, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this EULA then, where there are conflicts, the Steam Subscriber Agreement takes precedence. Steam lets you get a refund for the Game in some cases. You can find out how on the Steam website here: Steam Refunds.

You’re only allowed to use the Game and send personal information to us if you are either 18 years or older, or you are 13 years or older and your parent or legal guardian has read this EULA and explained it to you, and provided us with their consent to your use of the Game.

SUMMARY

This EULA is a legal agreement between us and you, so please read it carefully.
It describes how you are permitted to use the Game.
If you break these rules, we may stop you from using the Game, or ask our lawyers to get in touch.
The Game may still include some bugs or errors.
The Game is provided on an ‘as is’ basis.
This EULA may change from time to time.

WHAT YOU CAN DO

We’re excited to see you enjoy the Game. As long as you follow the rules in this EULA, you can use the Game in the following ways:

To play the Game.
We do not sell the Game to you.
We own the Game, and brands or content in the Game, so you are buying permission to play the Game yourself in accordance with this EULA.
Legally this means that we grant you a non-exclusive, personal right and license to play the Game in accordance with the terms of this EULA.
Share screenshots, streams and/or videos of your gameplay.
Include ads in pre-recorded or live-streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us).
To create pre-recorded or live-streamed gameplay videos of your playing the Game which you share via sites like Twitch or YouTube, that you may monetize for example by receiving revenues from Twitch or YouTube, or by creating Patreon (or similar platform) exclusive content that end-users may pay you to access (as long as you comply with the other terms of this EULA).
Use upgrades and updates which we hope to make available from time to time (although we are not obliged to provide updates or support.
Create and submit content in and to the Game (in which case you give us irrevocable permission to use, copy, modify, share and adapt that content and to let other people do so).
This means that you grant us a perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive right and license to use any content that you submit in and to the Game.

WHAT YOU CAN’T DO

To protect the Game and our users, it’s important for us that all “official” Game items come from us so we can guarantee their quality, that only we make commercial use of the Game or any part of it, and that other people don’t use the Game in a way which is unfair or which might affect our rights.

The following sets out some of the things that you cannot do with the Game:

Don’t share, rent, resell, or make available copies of the Game (or any hacked versions) or any license keys to anyone else, and don’t let anyone else have unfair or unreasonable access to anything we’ve made.
If you share mods, plugins or tools for people to use with their own copy of the Game, or videos or screenshots of your gameplay, make sure you created them yourself and that it’s clear they are not official.
Don’t charge for, or make commercial use of anything which we’ve made or which is related to the Game unless we’ve agreed on it with you in advance in writing, or where it’s expressly allowed by law (such as under “fair dealing” or “fair use” law) or this EULA.
Don’t use screenshots from the Game or create streams and/or videos using the Game in conjunction with any other music, video, image or other content that you don’t have the rights to use.
Don’t share any password you use to access the Game, or any access to your account, with any other person. Don’t do anything (or attempt to do anything) which might disrupt the use of the Game by us or other gamers, or which could harass or upset other members of our community.
Don’t make anything available on or through the Game unless you’re happy to share it with the general public, and it is your own original creation.
Don’t make any advertising available on or through the Game, or anything which is someone else‘s creation or image.
Don’t make anything available on or through the Game which is illegal, dishonest, racist, sexist, homophobic, pornographic, bullying, trolling, or which might damage our or another person‘s reputation, infringe their rights, or impersonate or trick or exploit anyone.
Make sure you read these rules carefully and understand them. If we are threatened or face legal action because you’ve uploaded someone else’s content, or because you break any of the other rules in this EULA, we may hold you responsible. That means you will need to compensate us and pay us back for any damage we suffer as a result, and for our legal and other expenses.

OUR LIABILITY

Nothing in this EULA will limit any of your rights which may not be excluded under the law. This means that irrespective of any other terms in this EULA:

our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
if the Game is faulty (i.e. not of satisfactory quality, not fit for purpose or not as described) when we deliver it to you, we will try to repair or replace it. Please note that the Game may include some bugs;
if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back in accordance with the Steam Refunds policy;
if, as a result of the fault, the Game damages your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

Other than as mentioned above, our overall liability to you is limited to the price you paid for the Game. The Game, along with any updates or upgrades, is provided “as is”. That means we don’t make any promises to you about the Game other than that the Game will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises to you about the Game.

Our promises to you about the Game do not apply if any defects or faults in the Game are as a result of your having altered or modified the game (including using any mods), or where you have used the Game in breach of this EULA.

We’ll use reasonable skill and care to provide the Game, but can’t guarantee there won’t be any errors or interruptions when playing it or using them, or that they won’t cause any problems with your device.

Please do let us know straight away if you discover any problems with the Game, so we’re aware and can decide whether it’s something we need to address in a future release (if there is one). You can contact us to let us know about any problems with the Game at contact@cheers-studio.com.

TERMINATION

We can terminate this EULA if you don’t comply with it, and you can terminate it too by uninstalling the Game from your computer or deleting it from your Steam account.

If the EULA is terminated, you will no longer be allowed to play the Game. Our ownership of the Game, and any rights you’ve granted us to use the content you’ve supplied through the Game or Tools, along with the paragraph about “Our Liability” and “Privacy”, will continue to apply even after the EULA is terminated.

CLASS ACTION WAIVER

Unless we agree with you otherwise in writing and/or subject to applicable laws, you agree that you may only bring any claim that you might have against us on an individual basis and not as a claimant or member in any purported class, collective, consolidated or representative action or legal proceeding.

This section will not apply to you if you live in a jurisdiction that does not permit class actions or other collective disputes.

PRIVACY AND DATA

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.

If you want to understand what information we may collect about you when you play the Game, and how we use the information that we collect about you, then you should read our privacy policy.

OTHER IMPORTANT TERMS

This EULA doesn’t affect any legal rights you may have under the law that applies to you for the Game which cannot be excluded or limited. Nothing we say in these terms affects those legal rights.

We may also change this EULA from time to time but changes only affect you to the extent they can legally apply. For example, if we release an update with a new EULA, and you don’t use the update, then the old EULA applies, but if you do use the updates or if you use parts of the Game that rely on our ongoing online services then the new EULA will apply. In that case, we may not be able to/don‘t need to tell you about changes for them to have an effect, so you should check back here from time to time.

We’ll only make changes if they are reasonable, for example, if the law changes, we need to protect other users of the Game, or we’re making improvements or adding features that mean this EULA needs a rethink.

This EULA is governed by the law of Poland. Any dispute arising from the use of the Game shall be submitted to the competent courts of Poland.

COMPANY AND CONTACT INFORMATION

In this EULA, “we”, “us” and “our” refers to:

CHEERS LLC
ul. ADAMA BRANICKIEGO, nr 21, lok. U3,
02-972, WARSZAWA, POLSKA
contact@cheers-studio.com.