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Frameshift Alpha Testing Agreement
In order to participate in this Alpha Testing Program of Frameshift™, you must read and accept the terms of the agreement below. Please read the ALPHA TESTING AGREEMENT closely.
THIS ALPHA TEST AGREEMENT DESCRIBES THE TERMS BY WHICH Penryn Games OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO PLAY A PRE-RELEASE PRODUCT BEING DEVELOPED BY OR FOR Penryn Games, CURRENTLY KNOWN AS Frameshift™ (THE "GAME"), SOLELY AS PART OF THIS CLOSED ALPHA TESTING PROGRAM. If you reside in the United States, Canada or , the Agreement is between you and Penryn Games LLC. Please see below for contact information for Penryn Games LLC. BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY PRESSING THE "DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU SHOULD CONTACT Penryn Games REGARDING REMOVAL FROM THIS ALPHA TESTING PROGRAM. In the event you choose not to accept this Agreement or by technical means can bypass/disable the "I ACCEPT BUTTON", by installing, copying, downloading, accessing or otherwise using the Game, you shall be deemed to have agreed to be bound by the terms of this Agreement. Further, you hereby acknowledge that you choose to accept and be bound by the terms of this Agreement every time you enter or re-enter the Game. If you do not agree to the terms of this Agreement, do not install or use the Game. You acknowledge Penryn Games has provided you enough time for reviewing the terms and conditions of this Agreement before your acceptance.
ALPHA TESTING AGREEMENT (the "Agreement")
Penryn Games has designed and developed and is the publisher of a software product currently entitled Frameshift™ (the "Game"). Penryn Games has established a closed Alpha testing program (the "Alpha Program") to, among other things, allow a limited number of people to give feedback and comments to Penryn Games regarding the Game (including any versions thereof) as well as to test, at Penryn Games’ sole discretion, the features, capabilities and performance of any other software or materials as may be provided by Penryn Games as part of this Alpha Program (the "Alpha Software"). Collectively the Game and Alpha Software are referred to as the "Alpha Materials" in this Agreement. In order to participate in the Alpha Program, you must agree to the following provisions:
(A) You represent and warrant that you are eighteen (18) years of age or older, and are not a principal, employee, agent, independent contractor, officer or director of a developer or publisher of PC or Console (XBOX, Playstation, etc) games (other than Penryn Games). You represent and warrant that you are entering into this Agreement on a completely voluntary basis with no expectation of any form of compensation whatsoever other than what is expressly provided for in this Agreement. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT PARTICIPATE IN THE ALPHA PROGRAM WITHOUT YOUR GUARDIAN'S CONSENT.
(B) You acknowledge that the Alpha Program shall run from the time you install, copy, download, access or otherwise use the Alpha Materials, and shall end upon the expiration of the Alpha Program, unless otherwise extended or terminated unilaterally by Penryn Games at Penryn Games’ sole discretion. Furthermore, Penryn Games may, in its sole discretion for any reason and at any time during the Alpha Program terminate your participation therein without any form of compensation due to you whatsoever for this termination.
(C) You acknowledge that in becoming part of the Alpha Program, that Penryn Games is providing you free of charge the Alpha Materials (which constitutes the sole and sufficient consideration for this agreement) and that Penryn Games has not made any other promises, whether express or implied regarding any other form of consideration for your participation in the Alpha Program.
(D) Penryn Games may, in its sole discretion, terminate the Alpha Program at any time.
(E) You agree that your participation in the Alpha Program does not constitute an employment Agreement or offer of such an agreement, between you and Penryn Games and that Penryn Games does not ask and/or require you to work a certain number of hours, shifts, etc. as part of your participation in the program and that your participation in the program is strictly voluntary and done solely for your personal enjoyment; and, further that Penryn Games expects you only to use your leisure time to participate in this program, and does not expect you to forego other activities, including gainful employment, during the time you spend participating in this voluntary program. You may stop being a volunteer tester of the Game at any time that you wish.
(F) You agree that Penryn Games is not providing you with any hardware to run Penryn Games’ software or connect to Penryn Games’ servers.
(G) You agree that while the role you will play in helping Penryn Games develop better software is helpful; it does not constitute a critical or vital role in the development of the Game or Alpha Software such as to entitle you to claims of ownership or rights to receive any other compensation of any kind for your participation.
(H) You acknowledge and agree that any in-game progress acquired during the Alpha Program does not entitle you to any progress during any other Alpha stages (if applicable) or for the commercial release of the Game. You character data can be erased at any time.
(I) You acknowledge and agree that any virtual items you acquire during the Alpha Program of whatever nature may be amended, modified or deleted at any point by Penryn Games during the Alpha Program or for the commercial release of the Game.
(J) You agree to all of the terms of the Agreement set forth below.
1. License Grant. In the event that you receive the Alpha Materials from Penryn Games, you are granted the revocable, limited right to install the Alpha Materials onto a single computer for the sole purpose of evaluating the Alpha Materials as permitted under Section 1.3 below as part of the Alpha Program. You may not use, copy, modify, sell, lease, rent, distribute, transfer or disclose any part of the Alpha Materials except as provided in this Agreement. All other rights are reserved to Penryn Games.
1.1 License Restrictions. You shall not:
a. Sublicense to, transfer, distribute or permit use of the Alpha Materials by, any third party;
b. Reverse engineer, decompile, or disassemble the Alpha Materials;
c. Make copies of the Alpha Materials other than one (1) copy for back-up purposes to be used solely as a replacement for the original copy, provided that You include on the back-up copy all copyright and other notices that are included on the Alpha Materials;
d. Export the Alpha Materials in violation of the export control laws of the United States of America and other countries.
e. Share your Account with any third party.
1.2 Indemnification. You (a) agree to indemnify, defend and hold Penryn Games harmless from and against all claims, losses, liabilities, damages, expenses, and costs (including, without limitation, reasonable fees for attorneys and expert witnesses) which result from any breach or alleged breach of any of your covenants, representations, warranties or obligations herein, and (b) hereby release, Penryn Games and its direct and indirect parents, subsidiaries, affiliates and sister corporations, and their respective officers, directors, employees and agents, from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with the use of the Alpha Materials and/or your participation in the Alpha Program.
1.3 Testing and Evaluation Obligations. You hereby agree to perform all of the following obligations in connection with this Alpha Program: (a) to test, evaluate and analyze the Game and specific aspects of it as identified by Penryn Games to you; (b) to test, evaluate and analyze other Alpha Software (if applicable) and its operation, features, capabilities and performance; (c) to comply with the reasonable requests of Penryn Games from time to time regarding testing; and (d) to provide feedback, analysis, suggestions and comments to Penryn Games (including, but not limited to, bug reports and test results) as reasonably requested by Penryn Games, or as otherwise voluntarily provided by you (collectively, "Feedback"). ALL OF YOUR FEEDBACK SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF Penryn Games AND/OR ITS LICENSORS OR LICENSEES, AND YOU HEREBY ASSIGN ALL OF YOUR RIGHT, TITLE AND INTEREST IN THE FEEDBACK, AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO TO Penryn Games. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT Penryn Games AND/OR ITS LICENSORS OR LICENSEES SHALL HAVE THE PERPETUAL AND IRREVOCABLE RIGHT TO USE, MODIFY, AND OTHERWISE EXPLOIT ALL OR PART OF THE YOUR FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO YOU. You hereby represent and warrant that you have right to enter into this Agreement and the assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.
1.4 Personally Identifiable Information; Monitoring; Privacy Issues. You may be required to provide to Penryn Games, as a condition to testing the Alpha Materials, certain personally identifiable information ("Personal Information"). Furthermore, you acknowledge and agree that your communications with other users or with Penryn Games via chats, conferences, bulletin boards, and any other avenues of communication within the Game, Alpha Software and/or this Alpha Program are public and not private communications, and that you have no expectation of privacy concerning your use of the Game and/or Alpha Software (including, any character data or communication referenced in Section 5.3 below). You further acknowledge and agree that Penryn Games reserves the right to monitor any such content and communications.
1.5 Term of the Agreement. Your participation in the Alpha Program, and the grant of license herein, may be terminated by Penryn Games at any time, for any reason or for no reason, in Penryn Games’ sole and absolute discretion, by providing written or emailed notice to you. You may, at any time and for any reason or for no reason, terminate your participation in the Alpha Program by providing written or emailed notice to Penryn Games. The termination of your participation in the Alpha Program however, shall not modify or supersede the survival provision in Section 7.1 below. Upon termination of the Alpha Program or your participation in it for any reason as provided herein, all license rights granted hereunder shall terminate immediately.
2. Confidentiality
2.1 Confidential Information Defined. "Confidential Information" shall mean (a) any and all information relating to, contained in or relayed through the Alpha Software, the Game, and the Alpha Program, including, without limitation, information relating to (i) the performance, capabilities and contents of the Alpha Materials, (ii) your Feedback, (iii) any other Alpha Program participant's Feedback, and (iv) any Penryn Games employee's feedback and comments, (b) the existence and terms of this Agreement, and (c) any and all information relating to the future or proposed Games, services or business operations of Penryn Games. Without limiting the generality of the foregoing, please review Addendum B below for a list of examples of Confidential Information. The list in Addendum B is not exhaustive and is provided for reference and example only. You shall use best efforts to safeguard and to prevent unauthorized use or disclosure of the Confidential Information, unless otherwise expressly authorized in writing as provided in Section 2.3 below. Your obligation to keep the Alpha Materials confidential will continue until Penryn Games publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the Game product(s) and the content that you are testing.
2.2 Confidentiality Obligation. You shall keep the Confidential Information in confidence and shall not publish, disclose, distribute, transmit, post or otherwise make available, directly or indirectly, any Confidential Information to any third party except as otherwise expressly set forth herein. However, you may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that (a) you give Penryn Games prompt written notice of such order so Penryn Games has opportunity to seek a protective order or other appropriate remedy to such order, prior to disclosure and shall comply with any applicable protective order or equivalent, (b) you provide Penryn Games with all reasonable assistance in opposing such required disclosure or seeking a protective order or confidential treatment for all or part of such Confidential Information, and (c) you disclose only such portion of the Confidential Information as is either permitted by Penryn Games or required by the court, tribunal, governmental agency or other authority, subject to any protective order or confidential treatment obtained by Penryn Games
2.3 Permitted Disclosures. You may disclose the information that is specifically identified in Addendum A, if any, on online message boards, forums or other similar venues in accordance with the restrictions set forth in Addendum A and this Agreement. Said restrictions are to be applied no matter whether the venue is open to the general public or with access that is regulated and/or restricted. Penryn Games reserves the right to amend Addendum A from time to time upon written notice to you. Notwithstanding anything contained herein to the contrary, you shall not make any false statements to anyone about Penryn Games, its licensors, this Alpha Program, other participants in the Program, or any Penryn Games products or services, including the Game and Alpha Software
3. Ownership. Except for the revocable, limited license expressly granted hereunder, Penryn Games retains all right, title and interest in and to the Alpha Materials and all copies thereof, and all game character data in connection therewith. The Game and any other Alpha Materials provided hereunder are copyrighted and are protected by United States copyright laws and international treaty provisions. You acknowledge that Penryn Games and/or its licensors own all intellectual property rights in and to the Alpha Materials, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. You may not remove the copyright and other proprietary rights notices from the Alpha Materials. You agree that this Agreement shall be retained with all printed and electronic copies of the Alpha Materials and documentation constituting the Alpha Materials. You agree to prevent any unauthorized copying of the Alpha Materials. Except for the revocable, limited license as expressly provided herein, Penryn Games does not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of Penryn Games, and/or its licensors. In accordance with Section 1.3, you agree that Penryn Games and/or its licensors or licensees own all right, title, and interest in any and all of your Feedback, without any remuneration, compensation or credit to you. To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned. You agree at Penryn Games’ request to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce Penryn Games’ and/or its licensor's ownership of any of the rights, title and/or interests hereunder, in whole or in part including, without limitation, execution of a copyright assignment in a form provided by Penryn Games in its sole discretion. If you fail or refuse to execute any such documents, you hereby appoint Penryn Games as your attorney-in-fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by you hereunder are granted for the entire universe and shall inure in perpetuity, and, as set forth above, no further consideration shall be payable to you at anytime in connection therewith. You will acquire no right to use, and will not use without Penryn Games’ prior written consent, the names, characters, artwork, designs, tradenames, copyrighted materials, trademarks or service marks of Penryn Games or its parent, related or subsidiary companies, employees, directors, officers, shareholders, assigns, successors, licensors or licensees: (a) in any advertising, publicity, marketing, promotion or on any website; or (b) in any manner other than in accordance with this Agreement.
4. Injunctive Relief. You acknowledge and agree that a breach or threatened breach of Sections 1-3 of this Agreement will cause irreparable injury, that money damages would be an inadequate remedy and that Penryn Games shall be entitled to ex parte injunctive relief without bond, to restrain you, from such breach or threatened breach. Nothing in this Section 4 shall be construed as preventing Penryn Games from pursuing any and all remedies available to it, including the recovery of money damages from you.
5. No Warranty; No Liability For Damages; No Support; Character Data.
5.1 No Warranty. YOU ACKNOWLEDGE THAT THE GAME AND ANY ALPHA SOFTWARE PROVIDED HEREUNDER ARE PRE-RELEASE PRODUCTS. YOU ACKNOWLEDGE THAT THE GAME AND ALPHA SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS AND ARE NOT FINAL PRODUCTS. THE GAME AND ALPHA SOFTWARE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU FURTHER AGREE THAT Penryn Games HAS NO OBLIGATION TO MAKE THE GAME AND ALPHA SOFTWARE AVAILABLE FOR PLAY WITHOUT CHARGE FOR ANY PERIOD OF TIME, NOR TO MAKE THEM AVAILABLE AT ALL.
5.2 No Liability For Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Penryn Games SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THIS AGREEMENT, THE GAME, OR OTHER ALPHA MATERIALS PROVIDED HEREUNDER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL Penryn Games ENTERTAINMENT’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THIRTY US DOLLARS (US$30.00).
5.3 No Support. Penryn Games does not provide any support for the Game and Alpha Software. However, Penryn Games may provide an e-mail address and/or a private message board for you to send any questions and/or comments regarding the Alpha Materials. Penryn Games does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to your e-mail(s) and/or board postings.
5.4 Test Environment. You acknowledge that the Game and Alpha Software will run in a test environment, that game characters, character data, or any other value or status indicators that you achieve through game play as part of the Alpha Program may be erased or modified at Penryn Games’ sole discretion at any time, and that such data shall likely not be exported into the Game once the Game is commercially released.
6. Obligations of Participant in the Alpha Program.
6.1 It is understood and agreed to that as part of the Alpha Program, you are expected to suggest changes, improvements, additions to the Game as well as to provide analysis of the Game and its features and that any such material provided to Penryn Games in any form whatsoever, including but not limited to email, text messages on message boards and/or oral become the sole property of Penryn Games. The foregoing materials shall be deemed Feedback as such term is defined in Section 1.3 above. You hereby waive any rights to the Feedback or any remuneration for the Feedback. Penryn Games shall have the right (but not the obligation), at its sole discretion, to credit you for the Feedback and you hereby grant Penryn Games a license to attribute such Feedback to you
6.2 It is understood and agreed that, as part of your participation in the Alpha Program, it is your responsibility to report all known bugs, abuse of 'bugs', 'undocumented features' or other defects and problems related to the Game and Alpha Software to Penryn Games as soon as they are found ("Bugs"). If you know about a Bug or have heard about a Bug and fail to report the Bug to Penryn Games, we reserve the right to treat you no differently from someone who abuses the Bug. You acknowledge that Penryn Games reserve the right to lock anyone caught abusing a Bug out of all Penryn Games products.
6.3 It is understood and agreed to that at the request of Penryn Games, you shall return to Penryn Games any and all copies of the Game and Alpha Software, in any format, delivered to you for review. The return of the material shall not affect your obligations to treat the Confidential Information disclosed to you as confidential.
7. Miscellaneous.
7.1 Survival. The provisions of Sections 1.1, 1.2, 1.3,1.5, 2, 3, 4, 5, 6.2, 6.3, 6.4, 7, 8 and 9 shall continue in full force and effect even after (a) the Alpha Program has been terminated or completed and/or (b) your participation in the Alpha Program has been terminated.
7.2 Governing Law; Jurisdiction. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement. You expressly agree that exclusive jurisdiction for any claim or dispute with Penryn Games or relating in any way to your participation in this Alpha Program or your use of Alpha Materials in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving Penryn Games or its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
7.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
7.4 Amendment. This Agreement may be amended by Penryn Games from time to time at its sole discretion. You agree to check http://www.frameshiftgame.com periodically for new information and terms that govern your participation in the Alpha Program. Revisions to terms affecting existing elements of the Alpha Program shall be effective thirty (30) days after posting. Terms for new elements of the Alpha Program are effective immediately upon posting at http://www.frameshiftgame.com.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties.
9. Violation. In the event that you violate any of the terms set forth in this Agreement or in the Alpha Program Code of Conduct as embodied in Addendum C, you hereby acknowledge that Penryn Games, in its best business judgment, may remove your access to the Alpha Program as well as subject you to any legal remedies that Penryn Games may take.
ADDENDUM A
1. The fact that there is an Frameshift™ Alpha Program.
2. The fact that you are a member of the Frameshift™ Alpha Program.
ADDENDUM B
1. Any contact/private information for Penryn Games personnel that is provided to you.
2. Any contact information (address, password, etc.) to any private areas for use in connection with the Alpha Program, including but not limited to, chat, email and message boards.
3. Any information/discussions/postings from the private boards or forum for the Alpha Program.
4. Any comments/information that would allow people who are not currently part of the Alpha Program to get access to the Alpha Program or Game through either legitimate or illegitimate means.
5. Post or distribute any screen captures, pictures, videos, podcasts, screenshots or any other representations, known or unknown, of any content in the Game or other Alpha Materials.
6. Any public posting or commentary of the game based on your participation as a Alpha Tester.
7. Any comments or discussions on new features or other new functionalities in the Game or other Alpha Materials.
8. Any details regarding the stability of the Game or the Game servers.
9. General comments about the Game's overall development.
10. Any comments on any aspect of the Game or other Alpha Materials not covered by Addendum A above.
ADDENDUM C
ALPHA PROGRAM CODE OF CONDUCT
You agree:
1. That you are privileged guests on this system and as guests, we expect you to exhibit common courtesy to all Penryn Games personnel as well as other members of the Alpha Program. Penryn Games ("we" or "us") will exhibit the same courtesy towards you.
2. You will be helping us shape Frameshift™ into a great product and we value your comments/insights/etc. However, that is not a license to be rude, nasty, demanding or generally unreasonable. Please remember that we will be dealing with a lot of people and, as such, a lot of differing opinions regarding what is right or wrong with the game. Just because we don't agree with you doesn't mean we don't value your continued input.
3. We need your feedback. Your access as a Alpha tester for the Game is not a free ride we expect something in return and that is your help.
4. When posting messages about the game in our private message boards or when sending email, please try to be as professional as possible. Repeat the facts as accurately as you can and without undue emotionalism. Saying things like "This game sucks because I lost my character when I did something that crashed the game" is not helpful. If you like something, don't hesitate to tell us. By the same token, if you do not like something or think that something can be improved don't hesitate to tell us that as well. You will never be banned, punished, taken to task, etc. for speaking your mind in an open, honest and professional manner. Honest, well thought out criticism is as valuable to us as are suggestions or praise.
5. Before posting messages publicly about the game outside the Penryn Games boards, please be sure you are adhering to the confidentiality terms of this Agreement and the instructions in Addendum A and Addendum B above. Provided that you are expressly permitted to disclose the information as provided in Addendum A, we do not mind if you say things that are critical about the game but remember that we still have a long way to go. We do not expect you to be mindless shills for Penryn Games or for the Game but neither do we expect you to trash the game just for the sake of trashing it.
6. If requested by Penryn Games personnel to help test an aspect of the game, please cooperate. The sooner we work things out, the sooner the game goes LIVE.
7. Vulgar expressions, course language, abusive behavior, verbal harassment will not be tolerated either towards Penryn Games personnel or other Alpha testers. The use of such language, whether or not you consider it in-character, is not acceptable, whether you use it in casual and public speech, 'private links', contacts or even in a character's name.
8. Part of Alpha testing a product is the responsibility to report all bugs to Penryn Games. Abuse of 'bugs', 'undocumented features' or other such things will not be tolerated. It is the responsibility of all players to report all problems, errors or bugs in the game to Penryn Games as soon as they are found. The continued use of such is contrary to Penryn Games policy as such bugs/errors can damage and delay the completion of this Alpha test. Additionally, if you know about a bug or have heard about a bug and fail to report the bug to Penryn Games, you will be treated no differently from someone who abuses the bug. We reserve the right to lock anyone caught abusing a bug out of all Penryn Games products forever.
9. You will not behave in any manner that is contrary to the 'spirit of the game' as defined by Penryn Games in its sole discretion.
10. You will not represent yourself as an officer or employee, sub-contractor or somehow being connected with Penryn Games, Penryn Games’ Licensors or the Game. We reserve the right to lock anyone caught doing that out of all Penryn Games products forever.
11. You acknowledge and agree that your communications with other users, Alpha testers or Penryn Games via chats, conferences, bulletin boards, and any other avenues of communication within Frameshift™ or as part of this Alpha Program are public and not private communications, and that you have no expectation of privacy concerning your use of this Game and participation in this Alpha Program. You acknowledge that personal information that you communicate within Frameshift™ or in connection with this Alpha Program may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications within Frameshift™ or the Alpha Program. Penryn Games is not responsible for information that you choose to communicate to other users within Frameshift™ or the Alpha Program, or for the actions of other users.
12. In the unfortunate event that a player has engaged in unacceptable behavior, said player will be treated accordingly. Penryn Games in its sole discretion, reserves the right to terminate the player's access to Frameshift™ Alpha test immediately and without further notice.
I agree that I have read, understood and accept all the terms and conditions within the Alpha Program Agreement
In order to participate in this Alpha Testing Program of Frameshift™, you must read and accept the terms of the agreement below. Please read the ALPHA TESTING AGREEMENT closely.
THIS ALPHA TEST AGREEMENT DESCRIBES THE TERMS BY WHICH Penryn Games OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO PLAY A PRE-RELEASE PRODUCT BEING DEVELOPED BY OR FOR Penryn Games, CURRENTLY KNOWN AS Frameshift™ (THE "GAME"), SOLELY AS PART OF THIS CLOSED ALPHA TESTING PROGRAM. If you reside in the United States, Canada or , the Agreement is between you and Penryn Games LLC. Please see below for contact information for Penryn Games LLC. BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY PRESSING THE "DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU SHOULD CONTACT Penryn Games REGARDING REMOVAL FROM THIS ALPHA TESTING PROGRAM. In the event you choose not to accept this Agreement or by technical means can bypass/disable the "I ACCEPT BUTTON", by installing, copying, downloading, accessing or otherwise using the Game, you shall be deemed to have agreed to be bound by the terms of this Agreement. Further, you hereby acknowledge that you choose to accept and be bound by the terms of this Agreement every time you enter or re-enter the Game. If you do not agree to the terms of this Agreement, do not install or use the Game. You acknowledge Penryn Games has provided you enough time for reviewing the terms and conditions of this Agreement before your acceptance.
ALPHA TESTING AGREEMENT (the "Agreement")
Penryn Games has designed and developed and is the publisher of a software product currently entitled Frameshift™ (the "Game"). Penryn Games has established a closed Alpha testing program (the "Alpha Program") to, among other things, allow a limited number of people to give feedback and comments to Penryn Games regarding the Game (including any versions thereof) as well as to test, at Penryn Games’ sole discretion, the features, capabilities and performance of any other software or materials as may be provided by Penryn Games as part of this Alpha Program (the "Alpha Software"). Collectively the Game and Alpha Software are referred to as the "Alpha Materials" in this Agreement. In order to participate in the Alpha Program, you must agree to the following provisions:
(A) You represent and warrant that you are eighteen (18) years of age or older, and are not a principal, employee, agent, independent contractor, officer or director of a developer or publisher of PC or Console (XBOX, Playstation, etc) games (other than Penryn Games). You represent and warrant that you are entering into this Agreement on a completely voluntary basis with no expectation of any form of compensation whatsoever other than what is expressly provided for in this Agreement. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT PARTICIPATE IN THE ALPHA PROGRAM WITHOUT YOUR GUARDIAN'S CONSENT.
(B) You acknowledge that the Alpha Program shall run from the time you install, copy, download, access or otherwise use the Alpha Materials, and shall end upon the expiration of the Alpha Program, unless otherwise extended or terminated unilaterally by Penryn Games at Penryn Games’ sole discretion. Furthermore, Penryn Games may, in its sole discretion for any reason and at any time during the Alpha Program terminate your participation therein without any form of compensation due to you whatsoever for this termination.
(C) You acknowledge that in becoming part of the Alpha Program, that Penryn Games is providing you free of charge the Alpha Materials (which constitutes the sole and sufficient consideration for this agreement) and that Penryn Games has not made any other promises, whether express or implied regarding any other form of consideration for your participation in the Alpha Program.
(D) Penryn Games may, in its sole discretion, terminate the Alpha Program at any time.
(E) You agree that your participation in the Alpha Program does not constitute an employment Agreement or offer of such an agreement, between you and Penryn Games and that Penryn Games does not ask and/or require you to work a certain number of hours, shifts, etc. as part of your participation in the program and that your participation in the program is strictly voluntary and done solely for your personal enjoyment; and, further that Penryn Games expects you only to use your leisure time to participate in this program, and does not expect you to forego other activities, including gainful employment, during the time you spend participating in this voluntary program. You may stop being a volunteer tester of the Game at any time that you wish.
(F) You agree that Penryn Games is not providing you with any hardware to run Penryn Games’ software or connect to Penryn Games’ servers.
(G) You agree that while the role you will play in helping Penryn Games develop better software is helpful; it does not constitute a critical or vital role in the development of the Game or Alpha Software such as to entitle you to claims of ownership or rights to receive any other compensation of any kind for your participation.
(H) You acknowledge and agree that any in-game progress acquired during the Alpha Program does not entitle you to any progress during any other Alpha stages (if applicable) or for the commercial release of the Game. You character data can be erased at any time.
(I) You acknowledge and agree that any virtual items you acquire during the Alpha Program of whatever nature may be amended, modified or deleted at any point by Penryn Games during the Alpha Program or for the commercial release of the Game.
(J) You agree to all of the terms of the Agreement set forth below.
1. License Grant. In the event that you receive the Alpha Materials from Penryn Games, you are granted the revocable, limited right to install the Alpha Materials onto a single computer for the sole purpose of evaluating the Alpha Materials as permitted under Section 1.3 below as part of the Alpha Program. You may not use, copy, modify, sell, lease, rent, distribute, transfer or disclose any part of the Alpha Materials except as provided in this Agreement. All other rights are reserved to Penryn Games.
1.1 License Restrictions. You shall not:
a. Sublicense to, transfer, distribute or permit use of the Alpha Materials by, any third party;
b. Reverse engineer, decompile, or disassemble the Alpha Materials;
c. Make copies of the Alpha Materials other than one (1) copy for back-up purposes to be used solely as a replacement for the original copy, provided that You include on the back-up copy all copyright and other notices that are included on the Alpha Materials;
d. Export the Alpha Materials in violation of the export control laws of the United States of America and other countries.
e. Share your Account with any third party.
1.2 Indemnification. You (a) agree to indemnify, defend and hold Penryn Games harmless from and against all claims, losses, liabilities, damages, expenses, and costs (including, without limitation, reasonable fees for attorneys and expert witnesses) which result from any breach or alleged breach of any of your covenants, representations, warranties or obligations herein, and (b) hereby release, Penryn Games and its direct and indirect parents, subsidiaries, affiliates and sister corporations, and their respective officers, directors, employees and agents, from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with the use of the Alpha Materials and/or your participation in the Alpha Program.
1.3 Testing and Evaluation Obligations. You hereby agree to perform all of the following obligations in connection with this Alpha Program: (a) to test, evaluate and analyze the Game and specific aspects of it as identified by Penryn Games to you; (b) to test, evaluate and analyze other Alpha Software (if applicable) and its operation, features, capabilities and performance; (c) to comply with the reasonable requests of Penryn Games from time to time regarding testing; and (d) to provide feedback, analysis, suggestions and comments to Penryn Games (including, but not limited to, bug reports and test results) as reasonably requested by Penryn Games, or as otherwise voluntarily provided by you (collectively, "Feedback"). ALL OF YOUR FEEDBACK SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF Penryn Games AND/OR ITS LICENSORS OR LICENSEES, AND YOU HEREBY ASSIGN ALL OF YOUR RIGHT, TITLE AND INTEREST IN THE FEEDBACK, AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO TO Penryn Games. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT Penryn Games AND/OR ITS LICENSORS OR LICENSEES SHALL HAVE THE PERPETUAL AND IRREVOCABLE RIGHT TO USE, MODIFY, AND OTHERWISE EXPLOIT ALL OR PART OF THE YOUR FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO YOU. You hereby represent and warrant that you have right to enter into this Agreement and the assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.
1.4 Personally Identifiable Information; Monitoring; Privacy Issues. You may be required to provide to Penryn Games, as a condition to testing the Alpha Materials, certain personally identifiable information ("Personal Information"). Furthermore, you acknowledge and agree that your communications with other users or with Penryn Games via chats, conferences, bulletin boards, and any other avenues of communication within the Game, Alpha Software and/or this Alpha Program are public and not private communications, and that you have no expectation of privacy concerning your use of the Game and/or Alpha Software (including, any character data or communication referenced in Section 5.3 below). You further acknowledge and agree that Penryn Games reserves the right to monitor any such content and communications.
1.5 Term of the Agreement. Your participation in the Alpha Program, and the grant of license herein, may be terminated by Penryn Games at any time, for any reason or for no reason, in Penryn Games’ sole and absolute discretion, by providing written or emailed notice to you. You may, at any time and for any reason or for no reason, terminate your participation in the Alpha Program by providing written or emailed notice to Penryn Games. The termination of your participation in the Alpha Program however, shall not modify or supersede the survival provision in Section 7.1 below. Upon termination of the Alpha Program or your participation in it for any reason as provided herein, all license rights granted hereunder shall terminate immediately.
2. Confidentiality
2.1 Confidential Information Defined. "Confidential Information" shall mean (a) any and all information relating to, contained in or relayed through the Alpha Software, the Game, and the Alpha Program, including, without limitation, information relating to (i) the performance, capabilities and contents of the Alpha Materials, (ii) your Feedback, (iii) any other Alpha Program participant's Feedback, and (iv) any Penryn Games employee's feedback and comments, (b) the existence and terms of this Agreement, and (c) any and all information relating to the future or proposed Games, services or business operations of Penryn Games. Without limiting the generality of the foregoing, please review Addendum B below for a list of examples of Confidential Information. The list in Addendum B is not exhaustive and is provided for reference and example only. You shall use best efforts to safeguard and to prevent unauthorized use or disclosure of the Confidential Information, unless otherwise expressly authorized in writing as provided in Section 2.3 below. Your obligation to keep the Alpha Materials confidential will continue until Penryn Games publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the Game product(s) and the content that you are testing.
2.2 Confidentiality Obligation. You shall keep the Confidential Information in confidence and shall not publish, disclose, distribute, transmit, post or otherwise make available, directly or indirectly, any Confidential Information to any third party except as otherwise expressly set forth herein. However, you may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that (a) you give Penryn Games prompt written notice of such order so Penryn Games has opportunity to seek a protective order or other appropriate remedy to such order, prior to disclosure and shall comply with any applicable protective order or equivalent, (b) you provide Penryn Games with all reasonable assistance in opposing such required disclosure or seeking a protective order or confidential treatment for all or part of such Confidential Information, and (c) you disclose only such portion of the Confidential Information as is either permitted by Penryn Games or required by the court, tribunal, governmental agency or other authority, subject to any protective order or confidential treatment obtained by Penryn Games
2.3 Permitted Disclosures. You may disclose the information that is specifically identified in Addendum A, if any, on online message boards, forums or other similar venues in accordance with the restrictions set forth in Addendum A and this Agreement. Said restrictions are to be applied no matter whether the venue is open to the general public or with access that is regulated and/or restricted. Penryn Games reserves the right to amend Addendum A from time to time upon written notice to you. Notwithstanding anything contained herein to the contrary, you shall not make any false statements to anyone about Penryn Games, its licensors, this Alpha Program, other participants in the Program, or any Penryn Games products or services, including the Game and Alpha Software
3. Ownership. Except for the revocable, limited license expressly granted hereunder, Penryn Games retains all right, title and interest in and to the Alpha Materials and all copies thereof, and all game character data in connection therewith. The Game and any other Alpha Materials provided hereunder are copyrighted and are protected by United States copyright laws and international treaty provisions. You acknowledge that Penryn Games and/or its licensors own all intellectual property rights in and to the Alpha Materials, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. You may not remove the copyright and other proprietary rights notices from the Alpha Materials. You agree that this Agreement shall be retained with all printed and electronic copies of the Alpha Materials and documentation constituting the Alpha Materials. You agree to prevent any unauthorized copying of the Alpha Materials. Except for the revocable, limited license as expressly provided herein, Penryn Games does not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of Penryn Games, and/or its licensors. In accordance with Section 1.3, you agree that Penryn Games and/or its licensors or licensees own all right, title, and interest in any and all of your Feedback, without any remuneration, compensation or credit to you. To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned. You agree at Penryn Games’ request to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce Penryn Games’ and/or its licensor's ownership of any of the rights, title and/or interests hereunder, in whole or in part including, without limitation, execution of a copyright assignment in a form provided by Penryn Games in its sole discretion. If you fail or refuse to execute any such documents, you hereby appoint Penryn Games as your attorney-in-fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by you hereunder are granted for the entire universe and shall inure in perpetuity, and, as set forth above, no further consideration shall be payable to you at anytime in connection therewith. You will acquire no right to use, and will not use without Penryn Games’ prior written consent, the names, characters, artwork, designs, tradenames, copyrighted materials, trademarks or service marks of Penryn Games or its parent, related or subsidiary companies, employees, directors, officers, shareholders, assigns, successors, licensors or licensees: (a) in any advertising, publicity, marketing, promotion or on any website; or (b) in any manner other than in accordance with this Agreement.
4. Injunctive Relief. You acknowledge and agree that a breach or threatened breach of Sections 1-3 of this Agreement will cause irreparable injury, that money damages would be an inadequate remedy and that Penryn Games shall be entitled to ex parte injunctive relief without bond, to restrain you, from such breach or threatened breach. Nothing in this Section 4 shall be construed as preventing Penryn Games from pursuing any and all remedies available to it, including the recovery of money damages from you.
5. No Warranty; No Liability For Damages; No Support; Character Data.
5.1 No Warranty. YOU ACKNOWLEDGE THAT THE GAME AND ANY ALPHA SOFTWARE PROVIDED HEREUNDER ARE PRE-RELEASE PRODUCTS. YOU ACKNOWLEDGE THAT THE GAME AND ALPHA SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS AND ARE NOT FINAL PRODUCTS. THE GAME AND ALPHA SOFTWARE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU FURTHER AGREE THAT Penryn Games HAS NO OBLIGATION TO MAKE THE GAME AND ALPHA SOFTWARE AVAILABLE FOR PLAY WITHOUT CHARGE FOR ANY PERIOD OF TIME, NOR TO MAKE THEM AVAILABLE AT ALL.
5.2 No Liability For Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Penryn Games SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THIS AGREEMENT, THE GAME, OR OTHER ALPHA MATERIALS PROVIDED HEREUNDER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL Penryn Games ENTERTAINMENT’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THIRTY US DOLLARS (US$30.00).
5.3 No Support. Penryn Games does not provide any support for the Game and Alpha Software. However, Penryn Games may provide an e-mail address and/or a private message board for you to send any questions and/or comments regarding the Alpha Materials. Penryn Games does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to your e-mail(s) and/or board postings.
5.4 Test Environment. You acknowledge that the Game and Alpha Software will run in a test environment, that game characters, character data, or any other value or status indicators that you achieve through game play as part of the Alpha Program may be erased or modified at Penryn Games’ sole discretion at any time, and that such data shall likely not be exported into the Game once the Game is commercially released.
6. Obligations of Participant in the Alpha Program.
6.1 It is understood and agreed to that as part of the Alpha Program, you are expected to suggest changes, improvements, additions to the Game as well as to provide analysis of the Game and its features and that any such material provided to Penryn Games in any form whatsoever, including but not limited to email, text messages on message boards and/or oral become the sole property of Penryn Games. The foregoing materials shall be deemed Feedback as such term is defined in Section 1.3 above. You hereby waive any rights to the Feedback or any remuneration for the Feedback. Penryn Games shall have the right (but not the obligation), at its sole discretion, to credit you for the Feedback and you hereby grant Penryn Games a license to attribute such Feedback to you
6.2 It is understood and agreed that, as part of your participation in the Alpha Program, it is your responsibility to report all known bugs, abuse of 'bugs', 'undocumented features' or other defects and problems related to the Game and Alpha Software to Penryn Games as soon as they are found ("Bugs"). If you know about a Bug or have heard about a Bug and fail to report the Bug to Penryn Games, we reserve the right to treat you no differently from someone who abuses the Bug. You acknowledge that Penryn Games reserve the right to lock anyone caught abusing a Bug out of all Penryn Games products.
6.3 It is understood and agreed to that at the request of Penryn Games, you shall return to Penryn Games any and all copies of the Game and Alpha Software, in any format, delivered to you for review. The return of the material shall not affect your obligations to treat the Confidential Information disclosed to you as confidential.
7. Miscellaneous.
7.1 Survival. The provisions of Sections 1.1, 1.2, 1.3,1.5, 2, 3, 4, 5, 6.2, 6.3, 6.4, 7, 8 and 9 shall continue in full force and effect even after (a) the Alpha Program has been terminated or completed and/or (b) your participation in the Alpha Program has been terminated.
7.2 Governing Law; Jurisdiction. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement. You expressly agree that exclusive jurisdiction for any claim or dispute with Penryn Games or relating in any way to your participation in this Alpha Program or your use of Alpha Materials in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving Penryn Games or its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
7.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
7.4 Amendment. This Agreement may be amended by Penryn Games from time to time at its sole discretion. You agree to check http://www.frameshiftgame.com periodically for new information and terms that govern your participation in the Alpha Program. Revisions to terms affecting existing elements of the Alpha Program shall be effective thirty (30) days after posting. Terms for new elements of the Alpha Program are effective immediately upon posting at http://www.frameshiftgame.com.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties.
9. Violation. In the event that you violate any of the terms set forth in this Agreement or in the Alpha Program Code of Conduct as embodied in Addendum C, you hereby acknowledge that Penryn Games, in its best business judgment, may remove your access to the Alpha Program as well as subject you to any legal remedies that Penryn Games may take.
ADDENDUM A
1. The fact that there is an Frameshift™ Alpha Program.
2. The fact that you are a member of the Frameshift™ Alpha Program.
ADDENDUM B
1. Any contact/private information for Penryn Games personnel that is provided to you.
2. Any contact information (address, password, etc.) to any private areas for use in connection with the Alpha Program, including but not limited to, chat, email and message boards.
3. Any information/discussions/postings from the private boards or forum for the Alpha Program.
4. Any comments/information that would allow people who are not currently part of the Alpha Program to get access to the Alpha Program or Game through either legitimate or illegitimate means.
5. Post or distribute any screen captures, pictures, videos, podcasts, screenshots or any other representations, known or unknown, of any content in the Game or other Alpha Materials.
6. Any public posting or commentary of the game based on your participation as a Alpha Tester.
7. Any comments or discussions on new features or other new functionalities in the Game or other Alpha Materials.
8. Any details regarding the stability of the Game or the Game servers.
9. General comments about the Game's overall development.
10. Any comments on any aspect of the Game or other Alpha Materials not covered by Addendum A above.
ADDENDUM C
ALPHA PROGRAM CODE OF CONDUCT
You agree:
1. That you are privileged guests on this system and as guests, we expect you to exhibit common courtesy to all Penryn Games personnel as well as other members of the Alpha Program. Penryn Games ("we" or "us") will exhibit the same courtesy towards you.
2. You will be helping us shape Frameshift™ into a great product and we value your comments/insights/etc. However, that is not a license to be rude, nasty, demanding or generally unreasonable. Please remember that we will be dealing with a lot of people and, as such, a lot of differing opinions regarding what is right or wrong with the game. Just because we don't agree with you doesn't mean we don't value your continued input.
3. We need your feedback. Your access as a Alpha tester for the Game is not a free ride we expect something in return and that is your help.
4. When posting messages about the game in our private message boards or when sending email, please try to be as professional as possible. Repeat the facts as accurately as you can and without undue emotionalism. Saying things like "This game sucks because I lost my character when I did something that crashed the game" is not helpful. If you like something, don't hesitate to tell us. By the same token, if you do not like something or think that something can be improved don't hesitate to tell us that as well. You will never be banned, punished, taken to task, etc. for speaking your mind in an open, honest and professional manner. Honest, well thought out criticism is as valuable to us as are suggestions or praise.
5. Before posting messages publicly about the game outside the Penryn Games boards, please be sure you are adhering to the confidentiality terms of this Agreement and the instructions in Addendum A and Addendum B above. Provided that you are expressly permitted to disclose the information as provided in Addendum A, we do not mind if you say things that are critical about the game but remember that we still have a long way to go. We do not expect you to be mindless shills for Penryn Games or for the Game but neither do we expect you to trash the game just for the sake of trashing it.
6. If requested by Penryn Games personnel to help test an aspect of the game, please cooperate. The sooner we work things out, the sooner the game goes LIVE.
7. Vulgar expressions, course language, abusive behavior, verbal harassment will not be tolerated either towards Penryn Games personnel or other Alpha testers. The use of such language, whether or not you consider it in-character, is not acceptable, whether you use it in casual and public speech, 'private links', contacts or even in a character's name.
8. Part of Alpha testing a product is the responsibility to report all bugs to Penryn Games. Abuse of 'bugs', 'undocumented features' or other such things will not be tolerated. It is the responsibility of all players to report all problems, errors or bugs in the game to Penryn Games as soon as they are found. The continued use of such is contrary to Penryn Games policy as such bugs/errors can damage and delay the completion of this Alpha test. Additionally, if you know about a bug or have heard about a bug and fail to report the bug to Penryn Games, you will be treated no differently from someone who abuses the bug. We reserve the right to lock anyone caught abusing a bug out of all Penryn Games products forever.
9. You will not behave in any manner that is contrary to the 'spirit of the game' as defined by Penryn Games in its sole discretion.
10. You will not represent yourself as an officer or employee, sub-contractor or somehow being connected with Penryn Games, Penryn Games’ Licensors or the Game. We reserve the right to lock anyone caught doing that out of all Penryn Games products forever.
11. You acknowledge and agree that your communications with other users, Alpha testers or Penryn Games via chats, conferences, bulletin boards, and any other avenues of communication within Frameshift™ or as part of this Alpha Program are public and not private communications, and that you have no expectation of privacy concerning your use of this Game and participation in this Alpha Program. You acknowledge that personal information that you communicate within Frameshift™ or in connection with this Alpha Program may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications within Frameshift™ or the Alpha Program. Penryn Games is not responsible for information that you choose to communicate to other users within Frameshift™ or the Alpha Program, or for the actions of other users.
12. In the unfortunate event that a player has engaged in unacceptable behavior, said player will be treated accordingly. Penryn Games in its sole discretion, reserves the right to terminate the player's access to Frameshift™ Alpha test immediately and without further notice.
I agree that I have read, understood and accept all the terms and conditions within the Alpha Program Agreement