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EULA
KRATER
PUBLIC TEST AGREEMENT
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: FATSHARKS License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and FATSHARK for the FATSHARK software product identified above which may include associated software components, media, printed materials, and
electronic documentation. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and FATSHARK, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
1. This pre-release version of the “KRATER” software program and any accompanying materials or documentation (collectively, the “Game”), is the copyrighted work of FATSHARK AB, (“FATSHARK”). All use of the Game is governed by the terms of this Agreement. This KRATER Pre-Release Test (the “Test”) provides a limited opportunity during which certain designated people (“Testers”) are given the opportunity to test the pre-release version of the “Game.” If you are designated by FATSHARK as a Tester, then in consideration of your meeting the eligibility requirements set forth below, and agreeing and adhering to the terms and conditions of this Agreement, you will be given the opportunity to test the Game.
2. Eligibility. You are only eligible to participate in the Test if:
(i) You are designated by FATSHARK as a member of the Krater Test Community (Tester);
(ii) You allow FATSHARK to obtain hardware and software information from the computer system that you will use to take part in the Test (the “System”) prior to registration for the Test in order for FATSHARK to determine if you are eligible to participate in the Test; and
3. Notice: Product offered subject to your acceptance of the Steam Subscriber Agreement ("SSA"). You must activate this product via the Internet by registering for a Steam account and accepting the SSA. Please see http://www.steampowered.com/agreement to view the SSA prior to purchase. If you do not agree with the provisions of the SSA, you should return this game unopened to your retailer in accordance with their return policy.
4. Confidentiality. The existence of the Test and all elements thereof (including without limitation this Agreement) is confidential, and you agree to maintain secrecy associated with the Test. For purposes of example and not limitation, you agree that you will not disclose the following:
(i) Information about the Test and the test community
(ii) Information related to the Game and its content
During the Test, FATSHARK can announce to Testers that certain information about the Game may be disclosed to the public. After such an announcement, you may disclose information that FATSHARK has approved for public disclosure.
5. Ownership. FATSHARK owns the Game, including all intellectual property rights in and to the Game and all copies thereof. The Game is protected by the copyright laws of Sweden, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement.
6. Tester Responsibilities
(i) You may not copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game,
(ii) You may not remove any proprietary notices or labels from the Game.
(iii) Without limiting FATSHARK’s rights hereunder, you agree that you shall not:
a) sell, rent, lease, lend, license the Game to others, grant a security interest in, or transfer reproductions of the Game and/or the Account to other parties, or let any third person use the Game and/or the Account;
b) exploit the Game or any of its parts for any commercial purpose;
c) host, provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by FATSHARK in any way, including without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or
d) facilitate, create or maintain any connection to the Game which has not been authorized by FATSHARK, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Game.
7. Consent to Monitor. THE GAME MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” IS A THIRD PARTY SOFTWARE, SUCH AS AN “ADDON,” “MOD,” “HACK,” “TRAINER,” OR “CHEAT,” THAT: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IF THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO FATSHARK THAT COULD INCLUDE YOUR ACCOUNT NAME, IP ADDRESSS, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) TERMINATE YOUR ACCESS TO THE TEST.
8. Termination. FATSHARK may terminate this Agreement at any time, for any reason, or for no reason. Upon termination of the Agreement, you must destroy the Game and all documents and materials you received from FATSHARK in connection with the Test, and remove any elements of the Game from any hard drives on which the Game has been installed.
9. Feedback. During and after the Test, FATSHARK may provide you with an opportunity to provide FATSHARK with comments, suggestions and impressions of the Game by using web based forms and osites and forums, and such other methods. The Game may also include a tool that will allow the System to forward system and driver information to FATSHARK in the event of a crash. This tool will collect data on the System during the crash, and allow you to forward a report to FATSHARK via electronic mail.
10. Acknowledgments. You acknowledge that:
(i) the Game is a work in progress and may contain bugs which may cause loss of data and/or damage to the System;
(ii) you have, or will, back-up your hard drive prior to installation of the Game;
(iii) you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;
(iv) FATSHARK is not liable in any way for the loss of data or damage to the System, interruptions of service, software or hardware failures, or loss of data or disruption of service.
(v) FATSHARK may monitor and record any and all communications, electronic or otherwise, pertaining to the Game including, without limitation, packets, chat, email, message board postings, etc.;
(vi) FATSHARK may delete or modify the information stored by the Game for any reason at any time during the duration of the Test; and
(vii) FATSHARK may transfer software program files to the System, including a program that will collect and send FATSHARK CPU, RAM, operating system, video card, and sound card information from the System.
11. DISCLAIMER OF WARRANTIES. THE GAME AND ANY ACCOMPANYING DOCUMENTATION IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. FATSHARK DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. LIMITATION OF LIABILITY. FATSHARK IS NOT LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR PARTICIPATION IN THE TEST.
13. Miscellaneous. This Agreement shall be deemed to have been made and executed in Sweden, and any dispute arising hereunder shall be resolved in accordance with the law of Sweden, before a court located in Sweden. In the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will benforced e to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
© 2012 FATSHARK AB, Inc. All rights reserved. Krater and FATSHARK AB are registered trademarks of FATSHARK AB.
KRATER
PUBLIC TEST AGREEMENT
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: FATSHARKS License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and FATSHARK for the FATSHARK software product identified above which may include associated software components, media, printed materials, and
electronic documentation. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and FATSHARK, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
1. This pre-release version of the “KRATER” software program and any accompanying materials or documentation (collectively, the “Game”), is the copyrighted work of FATSHARK AB, (“FATSHARK”). All use of the Game is governed by the terms of this Agreement. This KRATER Pre-Release Test (the “Test”) provides a limited opportunity during which certain designated people (“Testers”) are given the opportunity to test the pre-release version of the “Game.” If you are designated by FATSHARK as a Tester, then in consideration of your meeting the eligibility requirements set forth below, and agreeing and adhering to the terms and conditions of this Agreement, you will be given the opportunity to test the Game.
2. Eligibility. You are only eligible to participate in the Test if:
(i) You are designated by FATSHARK as a member of the Krater Test Community (Tester);
(ii) You allow FATSHARK to obtain hardware and software information from the computer system that you will use to take part in the Test (the “System”) prior to registration for the Test in order for FATSHARK to determine if you are eligible to participate in the Test; and
3. Notice: Product offered subject to your acceptance of the Steam Subscriber Agreement ("SSA"). You must activate this product via the Internet by registering for a Steam account and accepting the SSA. Please see http://www.steampowered.com/agreement to view the SSA prior to purchase. If you do not agree with the provisions of the SSA, you should return this game unopened to your retailer in accordance with their return policy.
4. Confidentiality. The existence of the Test and all elements thereof (including without limitation this Agreement) is confidential, and you agree to maintain secrecy associated with the Test. For purposes of example and not limitation, you agree that you will not disclose the following:
(i) Information about the Test and the test community
(ii) Information related to the Game and its content
During the Test, FATSHARK can announce to Testers that certain information about the Game may be disclosed to the public. After such an announcement, you may disclose information that FATSHARK has approved for public disclosure.
5. Ownership. FATSHARK owns the Game, including all intellectual property rights in and to the Game and all copies thereof. The Game is protected by the copyright laws of Sweden, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement.
6. Tester Responsibilities
(i) You may not copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game,
(ii) You may not remove any proprietary notices or labels from the Game.
(iii) Without limiting FATSHARK’s rights hereunder, you agree that you shall not:
a) sell, rent, lease, lend, license the Game to others, grant a security interest in, or transfer reproductions of the Game and/or the Account to other parties, or let any third person use the Game and/or the Account;
b) exploit the Game or any of its parts for any commercial purpose;
c) host, provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by FATSHARK in any way, including without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or
d) facilitate, create or maintain any connection to the Game which has not been authorized by FATSHARK, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Game.
7. Consent to Monitor. THE GAME MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” IS A THIRD PARTY SOFTWARE, SUCH AS AN “ADDON,” “MOD,” “HACK,” “TRAINER,” OR “CHEAT,” THAT: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IF THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO FATSHARK THAT COULD INCLUDE YOUR ACCOUNT NAME, IP ADDRESSS, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) TERMINATE YOUR ACCESS TO THE TEST.
8. Termination. FATSHARK may terminate this Agreement at any time, for any reason, or for no reason. Upon termination of the Agreement, you must destroy the Game and all documents and materials you received from FATSHARK in connection with the Test, and remove any elements of the Game from any hard drives on which the Game has been installed.
9. Feedback. During and after the Test, FATSHARK may provide you with an opportunity to provide FATSHARK with comments, suggestions and impressions of the Game by using web based forms and osites and forums, and such other methods. The Game may also include a tool that will allow the System to forward system and driver information to FATSHARK in the event of a crash. This tool will collect data on the System during the crash, and allow you to forward a report to FATSHARK via electronic mail.
10. Acknowledgments. You acknowledge that:
(i) the Game is a work in progress and may contain bugs which may cause loss of data and/or damage to the System;
(ii) you have, or will, back-up your hard drive prior to installation of the Game;
(iii) you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;
(iv) FATSHARK is not liable in any way for the loss of data or damage to the System, interruptions of service, software or hardware failures, or loss of data or disruption of service.
(v) FATSHARK may monitor and record any and all communications, electronic or otherwise, pertaining to the Game including, without limitation, packets, chat, email, message board postings, etc.;
(vi) FATSHARK may delete or modify the information stored by the Game for any reason at any time during the duration of the Test; and
(vii) FATSHARK may transfer software program files to the System, including a program that will collect and send FATSHARK CPU, RAM, operating system, video card, and sound card information from the System.
11. DISCLAIMER OF WARRANTIES. THE GAME AND ANY ACCOMPANYING DOCUMENTATION IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. FATSHARK DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. LIMITATION OF LIABILITY. FATSHARK IS NOT LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR PARTICIPATION IN THE TEST.
13. Miscellaneous. This Agreement shall be deemed to have been made and executed in Sweden, and any dispute arising hereunder shall be resolved in accordance with the law of Sweden, before a court located in Sweden. In the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will benforced e to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
© 2012 FATSHARK AB, Inc. All rights reserved. Krater and FATSHARK AB are registered trademarks of FATSHARK AB.