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IT’S A WRAP
BETA TEST END USER LICENSE AGREEMENT
BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE PLEASE CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (THE “AGREEMENT”). BY CHECKING THE BOX BELOW LABELED “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT BELOW AND UNDERTAKE TO OBSERVE AND TO BE BOUND BY SUCH TERMS AND CONDITIONS.
YOU UNDERSTAND THAT ANY INFORMATION REGARDING THE GAME IT’S A WRAP (THE “GAME”) IS HIGHLY CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO ANY THIRD PARTY. YOU ACKNOWLEDGE THAT ANY DISCLOSURE OF SUCH CONFIDENTIAL INFORMATION WILL RESULT IN IRREPARABLE HARM TO CHANKO STUDIOS SAS (“CHANKO”), AND CHANKO SHALL BE ENTITLED TO PAYMENT OF DAMAGES.
This End User License Agreement is an agreement between you, an individual, and Chanko and/or its affiliates, beneficiaries and/or licensors. You (a “Tester”) and Chanko shall be referred to herein collectively as the "Parties" and individually as the "Party".
Chanko wishes to disclose to you certain information considered to be confidential (the “Confidential Information”) regarding the Game, not yet released, for the purpose of personal entertainment and individual evaluation and testing of the Game and all associated components thereof by you during a beta test of the Game’s design and software stability (hereinafter, the "Beta Test").
THEREFORE, in consideration of the terms and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties mutually agree as follows:
1. This Agreement. This Agreement governs your use of any Services (defined below), including the Game and the Beta Test, owned and operated by Chanko and anywhere else where this Agreement is posted. “Services” means collectively, and sometimes individually, the following: (a) the Game, (b) the Beta Test, and (c) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device. This Agreement will apply whether you are accessing the Game using a personal computer, mobile device, gaming console or other equipment or device. These terms do not cover other services, websites or any content, features and activities accessible or made available by any third party, unless specifically stated. By accessing and using the Services, you acknowledge that you have read, understand and agree to be legally bound by this Agreement, which are incorporated herein by reference. If you do not agree to these terms, do not access or use the Services.
2. License Grant. So long as you comply with this Agreement, we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on one personal device during the term of the Beta Test, and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this Agreement. “Content” means the logos, images, text, tools, artwork, graphics, marks, titles, themes, concepts, stories, objects, characters, names, photographs, sounds, dialogue, catch phrases, illustrations, animation, design elements, audio-visual effects, methods of operation, musical composition, materials, codes, software, and Virtual Goods and any other content within, or displayed or posted on or through, the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services.
3. Confidentiality. YOU ACKNOWLEDGE THAT THE GAME HAS NOT YET BEEN COMMERCIALLY RELEASED AND IS THUS HIGHLY CONFIDENTIAL. YOU AGREE THAT YOU SHALL NOT DISCLOSE ANY INFORMATION REGARDING THE GAME (AND/OR ANY OTHER CONFIDENTIAL INFORMATION) TO ANY PERSON, FIRM, OR ENTITY WHATSOEVER (HEREIN, "THIRD PARTIES") NOR POST ANY SUCH INFORMATION ON ANY WEBSITE OR SOCIAL NETWORK, INCLUDING, BUT NOT LIMITED TO FACEBOOK, INSTAGRAM, TWITTER, TIKTOK, YOUTUBE, ETC. Without limiting the generality of the foregoing, Third Parties shall include, without limitation, individuals you come into contact with (including spouses, significant others, roommates, friends, relatives and acquaintances), as well as participants and potential participants of this beta testing, newspapers, periodicals, magazines, publications, televisions stations, radio stations, podcasts, publishers, and any other enterprise involved in the print or electronic media, including individuals working directly or indirectly for or on behalf of any said entities. Your obligations under this Agreement shall subsist for a period of 1 (one) year from the date of disclosure by Chanko to you of the last Confidential Information. By way of exception to the 1 year term above, your obligations under this Agreement with respect to any portion of the Confidential Information shall terminate as soon as you can document that such portion of the Confidential Information: (a) was in the public domain at the time it was communicated to you by Chanko; (b) has entered the public domain subsequent to the time it was communicated to you by Chanko, otherwise than by a breach by you of this Agreement; (c) was already in your possession, free of any obligation of confidence, at the time it was communicated to you by Chanko; (d) was rightfully communicated to you by a third party, free of any obligation of confidence, subsequent to the time it was communicated to you by Chanko.
4. Additional Terms. You state and guarantee to Chanko that you:
(i) have the right and capacity to enter into this Agreement and are not bound by any agreement, commitment or obligation of a similar or other nature whatsoever prohibiting the conclusion of this agreement and the full execution of all and each of the requirements; and
(ii) are at least 18 years of age or older and are not a principal, employee, agent, independent contractor, officer or director of a publisher of video or computer games (other than Chanko affiliated companies); and
(iii) are entering into this Agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation whatsoever other than what is expressly provided for in this Agreement; and
(iv) By opting in to the Beta Test, You agree that: (a) beta testing is at your own risk and that you know that the Game and/or Beta Test materials are preliminary versions and may include known or unknown bugs that might have a negative effect on the software itself or on your computer; (b) the Game and/or Beta Test may not operate properly, may not perform all intended or represented functions, and any value or status indicators that You achieve through game play may be erased at any time; (c) Chanko has no obligation to make the Game available for play without charge for any period of time, nor to make the Game available at all; and (d) this Agreement will apply to your use of the Game during the beta testing phase; and (e) therefore, to the extent permitted by applicable law, Chanko disclaims any warranty, condition and/or liability obligations to You of any kind with respect to the Game and/or Beta Test; and
(v) You acknowledge that, during the Beta Test, Chanko may collect and use certain user data in accordance with the privacy policy accessible on the website https://www.chankostudios.com/impressum.html; and
(vi) You acknowledge and agree that, during the Beta Test, Chanko may send you communication emails to the email address registered for the Beta Test.
(vii) In consideration of your access to the Beta Test, including versions of the Game not publicly released, Chanko may ask you to provide from time-to-time comments and suggestions on the functionality and performance of the Game. Chanko may use any and all Confidential Information and your comments and suggestions on the functionality and performance of the Beta Test for any and all purposes without restriction. You agree that you shall not at any time assert or claim any right, title or interest arising from or in connection to any content and element constituting or pertaining to the Confidential Information and to comments and suggestions on the functionality and performance of the Confidential Information. All rights not specifically and expressly granted by Chanko to you are hereby reserved by Chanko.
5. Ownership. You acknowledge that Chanko owns all title, ownership and intellectual property rights in the Game, and in any Content. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect the Content and you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Game. You understand and agree that you have no ownership interest in the Game or any Beta Test or Content therein.
6. Restrictions and Responsibilities. Use of the Game or Beta Test, or any Content, for any purpose not expressly permitted herein is prohibited. Users may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from any Service other than as provided herein. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained in the Beta Test grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Chanko trademarks, trade names, service marks or logos without the prior written permission of Chanko.
(a) Users expressly agree not to engage in any use or activity that:
• Interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of the Games or Content offered through the Services, including any associated software, hardware, or telecommunications or wireless equipment;
• Manipulates identifiers or numeric information to disguise the origin of any visitor, device, material or other information;
• Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
• Causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
• Translates, reverse engineers, decompiles, disassembles, modifies or creates derivative works based on the Games, the Content available through the Games, or any portion thereof;
• Circumvents any technology used by Chanko or its licensors to protect the Games and/or the Content accessible via the Games;
• Violates any applicable law or regulation;
• Attempts to probe, scan or test any Service’s vulnerability or breach any security or authentication measures; or
• Encourages or Enables anyone else to do any of the foregoing.
(b) You acknowledge and agree that Chanko has developed such Confidential Information by the investment of significant time, effort and expense, and that Confidential Information provides Chanko with a significant competitive advantage in its business. YOU AGREE THAT UNAUTHORIZED COPYING AND/OR DISCLOSURE OF THE GAME (AND/OR ANY OTHER CONFIDENTIAL INFORMATION) WILL RESULT IN IRREPARABLE HARM TO CHANKO. Accordingly, in the event of any breach of this Agreement by you, you acknowledge and agree that Chanko is entitled to injunctive, or other equitable relief as the court deems appropriate, and to any other rights Chanko may have at law or in equity. CHANKO WILL TAKE ALL LEGAL ACTIONS NECESSARY TO PROTECT THE CONFIDENTIAL INFORMATION.
(c) Upon Chanko's request, you shall promptly return to Chanko all documents and any tangible material or medium containing or representing such Confidential Information, including all copies, notes, summaries, and abstracts thereof.
7. Beta Test Period. The Beta Test Period means the period during which You will be allowed to access the Game and/or Beta Test by Chanko (the “Beta Test Period”). Chanko may, at any time and in its sole discretion, terminate this Agreement and/or discontinue the operation or provision of the Game, or any online features or components, with or without notice. In any case, this Agreement will terminate immediately upon the end of the Beta Test.
8. Term & Termination. This Agreement is effective until terminated. Chanko may terminate your access to and use of any or all the Services, including the Game, Beta Test, or Content, with no liability or notice to you in the event that (a) we cease providing the Services to similarly situated users generally; (b) you breach any terms of this Agreement (including our other policies specified in this Agreement); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary or reasonable to terminate this Agreement in our sole discretion. You may also terminate this Agreement by deleting and uninstalling the Game on any and all of your devices or by deleting your App Store Account. Upon any termination of this Agreement, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this Agreement. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination.
9. Accessing the Services from an App Store. Where the Game, Beta Test, or Content is made available to you via an App Store (such as the Steam game platform, Apple App Store or Google Play Store) you acknowledge and agree that:
• This Agreement is between you and us, not the App Store, and we (not the App Store), are solely responsible for the Game.
• The App Store has no obligation to provide any Game maintenance or support.
• If the Game cannot meet its warranties (if any), you can contact the App Store and they will refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game.
• The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
• The App Store, and its subsidiaries, are third-party beneficiaries of this Agreement and upon your acceptance of this Agreement, the App Store will have the right to enforce this Agreement against you as a third-party beneficiary thereof.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must also comply with all applicable third-party terms of service when using the Game.
10. Patches and Updates. We also reserve the right to make changes and update any information or Content contained within the Beta Test without prior notice, including but not limited to patches, updates, or upgrades to the Game that must be installed in order for you to continue to use the Beta Test. We may update the Game remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the Beta Test until you manually update the Game yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Game at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of the Beta Test and other elements unique to the Game may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Game.
11. Warranty Disclaimers. THE GAME, BETA TEST, AND CONTENT ARE PROVIDED "AS IS." WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED THROUGH THE BETA TEST OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. CHANKO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. CHANKO DOES NOT WARRANT THAT THE GAME, BETA TEST, OR ANY CONTENT ARE FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
12. Limitation of Liability. NEITHER CHANKO NOR ITS AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND WHATSOEVER TO ANY TESTER OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO BETA TEST OR CONTENT POSTED THROUGH THE BETA TEST; (II) ANY FAILURE OR INTERRUPTION OF THE BETA TESTS; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE BETA TEST OR THE CONTENT AVAILABLE TO TESTERS; (IV) ANY OTHER CAUSE RELATING TO A TESTER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE BETA TEST OR CONTENT; (V) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VI) ANY TESTER’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CHANKO, ITS AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL CHANKO, ITS AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY TESTER FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, EVEN IF CHANKO OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice such rights that you may have as a consumer of the Beta Test.
13. Equitable Remedies. You hereby agree that Chanko would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Chanko shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches or threatened breaches of this Agreement, including a temporary restraining order, an injunction, specific performance in addition to such other rights and remedies at law (including the payment of damages) as Chanko may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
14. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CHANKO, ITS AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, BETA TEST, AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE BETA TEST AND OR CONTENT.
15. Miscellaneous.
• Entire Agreement. This Agreement and any other document or information referred to in this Agreement constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this Agreement.
• Language. The original language of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in any other language.
• Severability. This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
• No Waiver. Your and our actions or inactions will not create any other rights under this Agreement except as what is explicitly written within this Agreement. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
• Third-party Rights. Except as described in Section 9, a person who is not a party to this Agreement will have no right under to enforce any of its terms.
16. Contact Information. If you have any questions about this Agreement, the Game, or the Beta Test, please contact us at:
CHANKO STUDIOS
4 Rue de la Republique
Lyon, France 69001
Attention: Webmaster
contact@chankostudios.com
BETA TEST END USER LICENSE AGREEMENT
BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE PLEASE CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (THE “AGREEMENT”). BY CHECKING THE BOX BELOW LABELED “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT BELOW AND UNDERTAKE TO OBSERVE AND TO BE BOUND BY SUCH TERMS AND CONDITIONS.
YOU UNDERSTAND THAT ANY INFORMATION REGARDING THE GAME IT’S A WRAP (THE “GAME”) IS HIGHLY CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO ANY THIRD PARTY. YOU ACKNOWLEDGE THAT ANY DISCLOSURE OF SUCH CONFIDENTIAL INFORMATION WILL RESULT IN IRREPARABLE HARM TO CHANKO STUDIOS SAS (“CHANKO”), AND CHANKO SHALL BE ENTITLED TO PAYMENT OF DAMAGES.
This End User License Agreement is an agreement between you, an individual, and Chanko and/or its affiliates, beneficiaries and/or licensors. You (a “Tester”) and Chanko shall be referred to herein collectively as the "Parties" and individually as the "Party".
Chanko wishes to disclose to you certain information considered to be confidential (the “Confidential Information”) regarding the Game, not yet released, for the purpose of personal entertainment and individual evaluation and testing of the Game and all associated components thereof by you during a beta test of the Game’s design and software stability (hereinafter, the "Beta Test").
THEREFORE, in consideration of the terms and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties mutually agree as follows:
1. This Agreement. This Agreement governs your use of any Services (defined below), including the Game and the Beta Test, owned and operated by Chanko and anywhere else where this Agreement is posted. “Services” means collectively, and sometimes individually, the following: (a) the Game, (b) the Beta Test, and (c) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device. This Agreement will apply whether you are accessing the Game using a personal computer, mobile device, gaming console or other equipment or device. These terms do not cover other services, websites or any content, features and activities accessible or made available by any third party, unless specifically stated. By accessing and using the Services, you acknowledge that you have read, understand and agree to be legally bound by this Agreement, which are incorporated herein by reference. If you do not agree to these terms, do not access or use the Services.
2. License Grant. So long as you comply with this Agreement, we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on one personal device during the term of the Beta Test, and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this Agreement. “Content” means the logos, images, text, tools, artwork, graphics, marks, titles, themes, concepts, stories, objects, characters, names, photographs, sounds, dialogue, catch phrases, illustrations, animation, design elements, audio-visual effects, methods of operation, musical composition, materials, codes, software, and Virtual Goods and any other content within, or displayed or posted on or through, the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services.
3. Confidentiality. YOU ACKNOWLEDGE THAT THE GAME HAS NOT YET BEEN COMMERCIALLY RELEASED AND IS THUS HIGHLY CONFIDENTIAL. YOU AGREE THAT YOU SHALL NOT DISCLOSE ANY INFORMATION REGARDING THE GAME (AND/OR ANY OTHER CONFIDENTIAL INFORMATION) TO ANY PERSON, FIRM, OR ENTITY WHATSOEVER (HEREIN, "THIRD PARTIES") NOR POST ANY SUCH INFORMATION ON ANY WEBSITE OR SOCIAL NETWORK, INCLUDING, BUT NOT LIMITED TO FACEBOOK, INSTAGRAM, TWITTER, TIKTOK, YOUTUBE, ETC. Without limiting the generality of the foregoing, Third Parties shall include, without limitation, individuals you come into contact with (including spouses, significant others, roommates, friends, relatives and acquaintances), as well as participants and potential participants of this beta testing, newspapers, periodicals, magazines, publications, televisions stations, radio stations, podcasts, publishers, and any other enterprise involved in the print or electronic media, including individuals working directly or indirectly for or on behalf of any said entities. Your obligations under this Agreement shall subsist for a period of 1 (one) year from the date of disclosure by Chanko to you of the last Confidential Information. By way of exception to the 1 year term above, your obligations under this Agreement with respect to any portion of the Confidential Information shall terminate as soon as you can document that such portion of the Confidential Information: (a) was in the public domain at the time it was communicated to you by Chanko; (b) has entered the public domain subsequent to the time it was communicated to you by Chanko, otherwise than by a breach by you of this Agreement; (c) was already in your possession, free of any obligation of confidence, at the time it was communicated to you by Chanko; (d) was rightfully communicated to you by a third party, free of any obligation of confidence, subsequent to the time it was communicated to you by Chanko.
4. Additional Terms. You state and guarantee to Chanko that you:
(i) have the right and capacity to enter into this Agreement and are not bound by any agreement, commitment or obligation of a similar or other nature whatsoever prohibiting the conclusion of this agreement and the full execution of all and each of the requirements; and
(ii) are at least 18 years of age or older and are not a principal, employee, agent, independent contractor, officer or director of a publisher of video or computer games (other than Chanko affiliated companies); and
(iii) are entering into this Agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation whatsoever other than what is expressly provided for in this Agreement; and
(iv) By opting in to the Beta Test, You agree that: (a) beta testing is at your own risk and that you know that the Game and/or Beta Test materials are preliminary versions and may include known or unknown bugs that might have a negative effect on the software itself or on your computer; (b) the Game and/or Beta Test may not operate properly, may not perform all intended or represented functions, and any value or status indicators that You achieve through game play may be erased at any time; (c) Chanko has no obligation to make the Game available for play without charge for any period of time, nor to make the Game available at all; and (d) this Agreement will apply to your use of the Game during the beta testing phase; and (e) therefore, to the extent permitted by applicable law, Chanko disclaims any warranty, condition and/or liability obligations to You of any kind with respect to the Game and/or Beta Test; and
(v) You acknowledge that, during the Beta Test, Chanko may collect and use certain user data in accordance with the privacy policy accessible on the website https://www.chankostudios.com/impressum.html; and
(vi) You acknowledge and agree that, during the Beta Test, Chanko may send you communication emails to the email address registered for the Beta Test.
(vii) In consideration of your access to the Beta Test, including versions of the Game not publicly released, Chanko may ask you to provide from time-to-time comments and suggestions on the functionality and performance of the Game. Chanko may use any and all Confidential Information and your comments and suggestions on the functionality and performance of the Beta Test for any and all purposes without restriction. You agree that you shall not at any time assert or claim any right, title or interest arising from or in connection to any content and element constituting or pertaining to the Confidential Information and to comments and suggestions on the functionality and performance of the Confidential Information. All rights not specifically and expressly granted by Chanko to you are hereby reserved by Chanko.
5. Ownership. You acknowledge that Chanko owns all title, ownership and intellectual property rights in the Game, and in any Content. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect the Content and you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Game. You understand and agree that you have no ownership interest in the Game or any Beta Test or Content therein.
6. Restrictions and Responsibilities. Use of the Game or Beta Test, or any Content, for any purpose not expressly permitted herein is prohibited. Users may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from any Service other than as provided herein. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained in the Beta Test grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Chanko trademarks, trade names, service marks or logos without the prior written permission of Chanko.
(a) Users expressly agree not to engage in any use or activity that:
• Interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of the Games or Content offered through the Services, including any associated software, hardware, or telecommunications or wireless equipment;
• Manipulates identifiers or numeric information to disguise the origin of any visitor, device, material or other information;
• Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
• Causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
• Translates, reverse engineers, decompiles, disassembles, modifies or creates derivative works based on the Games, the Content available through the Games, or any portion thereof;
• Circumvents any technology used by Chanko or its licensors to protect the Games and/or the Content accessible via the Games;
• Violates any applicable law or regulation;
• Attempts to probe, scan or test any Service’s vulnerability or breach any security or authentication measures; or
• Encourages or Enables anyone else to do any of the foregoing.
(b) You acknowledge and agree that Chanko has developed such Confidential Information by the investment of significant time, effort and expense, and that Confidential Information provides Chanko with a significant competitive advantage in its business. YOU AGREE THAT UNAUTHORIZED COPYING AND/OR DISCLOSURE OF THE GAME (AND/OR ANY OTHER CONFIDENTIAL INFORMATION) WILL RESULT IN IRREPARABLE HARM TO CHANKO. Accordingly, in the event of any breach of this Agreement by you, you acknowledge and agree that Chanko is entitled to injunctive, or other equitable relief as the court deems appropriate, and to any other rights Chanko may have at law or in equity. CHANKO WILL TAKE ALL LEGAL ACTIONS NECESSARY TO PROTECT THE CONFIDENTIAL INFORMATION.
(c) Upon Chanko's request, you shall promptly return to Chanko all documents and any tangible material or medium containing or representing such Confidential Information, including all copies, notes, summaries, and abstracts thereof.
7. Beta Test Period. The Beta Test Period means the period during which You will be allowed to access the Game and/or Beta Test by Chanko (the “Beta Test Period”). Chanko may, at any time and in its sole discretion, terminate this Agreement and/or discontinue the operation or provision of the Game, or any online features or components, with or without notice. In any case, this Agreement will terminate immediately upon the end of the Beta Test.
8. Term & Termination. This Agreement is effective until terminated. Chanko may terminate your access to and use of any or all the Services, including the Game, Beta Test, or Content, with no liability or notice to you in the event that (a) we cease providing the Services to similarly situated users generally; (b) you breach any terms of this Agreement (including our other policies specified in this Agreement); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary or reasonable to terminate this Agreement in our sole discretion. You may also terminate this Agreement by deleting and uninstalling the Game on any and all of your devices or by deleting your App Store Account. Upon any termination of this Agreement, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this Agreement. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination.
9. Accessing the Services from an App Store. Where the Game, Beta Test, or Content is made available to you via an App Store (such as the Steam game platform, Apple App Store or Google Play Store) you acknowledge and agree that:
• This Agreement is between you and us, not the App Store, and we (not the App Store), are solely responsible for the Game.
• The App Store has no obligation to provide any Game maintenance or support.
• If the Game cannot meet its warranties (if any), you can contact the App Store and they will refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game.
• The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
• The App Store, and its subsidiaries, are third-party beneficiaries of this Agreement and upon your acceptance of this Agreement, the App Store will have the right to enforce this Agreement against you as a third-party beneficiary thereof.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must also comply with all applicable third-party terms of service when using the Game.
10. Patches and Updates. We also reserve the right to make changes and update any information or Content contained within the Beta Test without prior notice, including but not limited to patches, updates, or upgrades to the Game that must be installed in order for you to continue to use the Beta Test. We may update the Game remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the Beta Test until you manually update the Game yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Game at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of the Beta Test and other elements unique to the Game may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Game.
11. Warranty Disclaimers. THE GAME, BETA TEST, AND CONTENT ARE PROVIDED "AS IS." WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED THROUGH THE BETA TEST OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. CHANKO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. CHANKO DOES NOT WARRANT THAT THE GAME, BETA TEST, OR ANY CONTENT ARE FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
12. Limitation of Liability. NEITHER CHANKO NOR ITS AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND WHATSOEVER TO ANY TESTER OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO BETA TEST OR CONTENT POSTED THROUGH THE BETA TEST; (II) ANY FAILURE OR INTERRUPTION OF THE BETA TESTS; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE BETA TEST OR THE CONTENT AVAILABLE TO TESTERS; (IV) ANY OTHER CAUSE RELATING TO A TESTER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE BETA TEST OR CONTENT; (V) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VI) ANY TESTER’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CHANKO, ITS AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL CHANKO, ITS AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY TESTER FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, EVEN IF CHANKO OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice such rights that you may have as a consumer of the Beta Test.
13. Equitable Remedies. You hereby agree that Chanko would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Chanko shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches or threatened breaches of this Agreement, including a temporary restraining order, an injunction, specific performance in addition to such other rights and remedies at law (including the payment of damages) as Chanko may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
14. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CHANKO, ITS AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, BETA TEST, AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE BETA TEST AND OR CONTENT.
15. Miscellaneous.
• Entire Agreement. This Agreement and any other document or information referred to in this Agreement constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this Agreement.
• Language. The original language of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in any other language.
• Severability. This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
• No Waiver. Your and our actions or inactions will not create any other rights under this Agreement except as what is explicitly written within this Agreement. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
• Third-party Rights. Except as described in Section 9, a person who is not a party to this Agreement will have no right under to enforce any of its terms.
16. Contact Information. If you have any questions about this Agreement, the Game, or the Beta Test, please contact us at:
CHANKO STUDIOS
4 Rue de la Republique
Lyon, France 69001
Attention: Webmaster
contact@chankostudios.com