Last Updated: October 2024

THIS CONTRACT IS A LEGALLY BINDING AGREEMENT

You must be of legal age and hereby confirm that you are of legal age and have reached the age of majority in your country and the country of your residence. Are you not yet of legal age? Your parents or legal guardians must consent to this Agreement.

1. LANGUAGE
Witte's Studio makes every effort to provide all offered games in multiple languages. All translations are made by software and corrected again. However, no 100% error-free translations can be offered.

2. GENERAL
To improve quality, all necessary changes will be made by the developers.
A brief summary: changes to gameplay, 3D models, landscapes, locations, and characters may occur. Major measures may be required, and deeper interventions in game mechanics may need to be made.

3. BUG DISCLAIMER
You are aware that bugs are inevitable. It may occur that the game state becomes unusable during an update.

4. WARNING OF EPILEPSY
The games offered by Witte's Studio may include areas (light effects and flashes) that may cause epileptic seizures or impaired consciousness when exposed to certain flashing lights or light effects. Witte's Studio is not liable for any health problems.

5. OWNERSHIP
You agree that all rights to the game, now and in the future, remain exclusively with Witte's Studio. It is strictly prohibited to redistribute or publish the game in whole or in part in any form. Witte's Studio reserves the right to take legal action against any unauthorized distribution of the game.

5.1. USE OF GAME VIDEOS
It is permitted to create and publish gameplay videos of the main game for platforms such as YouTube, Twitch, and other social media. Criticism of the game is explicitly welcomed; however, the videos must not consist solely of criticism or solely serve to portray Witte's Studio or the game in a negative light or intentionally cause harm. The creation and publication of content should be in the spirit of fairness and respect.
Please note that music should be turned off when streaming or creating videos for copyright reasons.

6. USE OF STEAM API
The game utilizes the Steam API, which allows for features such as displaying user nicknames from Steam profiles. No personal data, such as full names or sensitive information, will be displayed or processed. Only the publicly available Steam nickname may be used for in-game greetings and identification in multiplayer scenarios. Witte's Studio does not collect or store any personal user data; all data handling is conducted through the Steam platform.

7. LIMITED LICENSE TO USE
The game is offered under license and not sold. If you agree to this Agreement and comply with the terms of the EULA, Witte's Studio hereby grants you a limited, non-exclusive, non-transferable, personal license. Not for use for commercial entertainment purposes.

8. MODIFICATION OF AGREEMENT
Witte's Studio may modify this Agreement at any time at its sole discretion. You agree to such modification by continuing to play.

9. PROVISION OF UPDATES
Witte's Studio will provide updates as needed. The updates are intended to improve and create a bug-free environment for the game. A 100% guarantee of a bug-free game can never be guaranteed.

There is explicitly no entitlement to updates; ongoing updates are at the discretion of Witte's Studio. The game is intended to provide you with what is stated in the store description, minimal variations may occur due to changes made by updates. Updates will and may be made by Witte's Studio without notice.

10. PROVISION OF DLCs
DLCs are provided by Witte's Studio at its sole discretion. DLCs are paid add-on products; you are specifically advised that DLCs may also change graphically, visually, and in content with updates.

11. SUPPORT AND CONTACT
Providing support is very time-consuming and difficult for a small studio (Witte's Studio). To provide you with the best possible support, you agree to do your own research if you encounter problems and to use the official support options if necessary.

Witte's Studio is not obligated to provide you with support outside of the support options listed here. The CommunityHUB (forum) is moderated by Witte's Studio and is open to the public.

Contact Options:
Support Email: [email protected]
Business Inquiries: [email protected]

12. DISCLAIMER AND LIMITATION OF LIABILITY
KeepUp Survival includes Unreal® Engine code and other materials and information (“Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Witte's Studio, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.

Without limiting the generality of the foregoing, Witte's Studio, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated into KeepUp Survival, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug-free, or error-free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve KeepUp Survival, or will not revoke approval of KeepUp Survival for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Witte's Studio and Epic. Witte's Studio, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Witte's Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Witte's Studio or Epic’s service providers shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Witte's Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Witte's Studio or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Witte's Studio, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Witte's Studio, Epic, or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Witte's Studio, Epic, Epic’s licensors, its and their affiliates, and any of Witte's Studio or Epic’s service providers shall be limited to the full extent permitted by law.

13. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the courts located in Germany.