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1. Non-Disclosure. You agree that at all times and notwithstanding any termination or expiration of the alpha program, you will hold in strict confidence and not disclose to any third party any Confidential Information and will use the Confidential Information for no purpose other than evaluating the Sirocco Game. For purposes hereof, “Confidential Information” means any and all technical and non-technical information, whether in oral, written, graphic or electronic form, that Lunchbox Entertainment Inc. (“ Lunchbox”) provides to you in connection with this alpha program and that is marked or is otherwise identified at the time of disclosure as confidential or proprietary information, or that would reasonably be deemed confidential or proprietary in the circumstances of its disclosure, including, but not limited to, Sirocco Game and any documentation, footage, and specifications provided to you by or on behalf of Lunchbox. Without limiting any of the foregoing, any results of the evaluation of Sirocco Game by you, as well as any matters discussed about Sirocco Game between the parties, will be deemed Confidential Information. “Confidential Information” does not include information that (a) was already known to you other than under an obligation of confidentiality, at the time of disclosure by Lunchbox; (b) was generally available to the public or otherwise part of the public domain at the time of its disclosure to you; (c) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of you in breach of these terms; (d) was disclosed to you, other than under an obligation of confidentiality, by a third party who had no obligation to the other party not to disclose such information to others; or (e) was developed independently by you without any use of or access to any Confidential Information.
2. Participation in Alpha Program. Lunchbox is in the process of developing Sirocco Game and is offering select qualified users such as you the opportunity to evaluate the Services while it is in development and to offer suggestions on how developing Sirocco Game should be developed for functionality and ease of use. As a participant in this alpha program, Lunchbox will provide you an opportunity to access the prototype versions of the Sirocco Game as it develops and to offer feedback on performance, functionality and other aspects of the proposed Services. Participation in the initial alpha will be free of charge.
YOU ACKNOWLEDGE AND AGREE THAT BECAUSE THIS IS AN ALPHA PROGRAM, ACCESS TO Sirocco Game IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LUNCHBOX EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT RECOGNIZE DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
IN NO EVENT WILL LUNCHBOX BE LIABLE TO YOU, OR TO ANY PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY LOST PROFITS OR EQUIPMENT DOWNTIME, OR FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATING TO THESE TERMS, REGARDLESS OF CAUSE OF ACTION, AND EVEN IF LUNCHBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Feedback; Intellectual Property Ownership. As part of your participation in this alpha program, you agree to (a) test and evaluate Sirocco Game; (b) allow the Lunchbox team to correspond with you and periodically conduct interviews to get first-hand feedback regarding the performance and functionality of the Sirocco Game; and (c) otherwise provide timely feedback regarding your analysis of the performance and functionality of the Sirocco Game, including without limitation the discovery of any errors, bugs or other issues with the performance or functionality, as well as listing any other features or functionality that you would like to see in future versions of Sirocco Game (collectively “Feedback”). You acknowledge and agree that nothing in these terms or in the performance of these terms conveys to you any ownership, intellectual property right, or other proprietary interest in or to Sirocco Game; including, without limitation, any Confidential Information (as defined above). You hereby irrevocably assign to Lunchbox all right, title and interest including, without limitation, any intellectual property rights, in and to any Feedback that you provide Lunchbox. Except as expressly set forth herein, all rights in Sirocco Game are reserved.
2. Participation in Alpha Program. Lunchbox is in the process of developing Sirocco Game and is offering select qualified users such as you the opportunity to evaluate the Services while it is in development and to offer suggestions on how developing Sirocco Game should be developed for functionality and ease of use. As a participant in this alpha program, Lunchbox will provide you an opportunity to access the prototype versions of the Sirocco Game as it develops and to offer feedback on performance, functionality and other aspects of the proposed Services. Participation in the initial alpha will be free of charge.
YOU ACKNOWLEDGE AND AGREE THAT BECAUSE THIS IS AN ALPHA PROGRAM, ACCESS TO Sirocco Game IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LUNCHBOX EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT RECOGNIZE DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
IN NO EVENT WILL LUNCHBOX BE LIABLE TO YOU, OR TO ANY PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY LOST PROFITS OR EQUIPMENT DOWNTIME, OR FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATING TO THESE TERMS, REGARDLESS OF CAUSE OF ACTION, AND EVEN IF LUNCHBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Feedback; Intellectual Property Ownership. As part of your participation in this alpha program, you agree to (a) test and evaluate Sirocco Game; (b) allow the Lunchbox team to correspond with you and periodically conduct interviews to get first-hand feedback regarding the performance and functionality of the Sirocco Game; and (c) otherwise provide timely feedback regarding your analysis of the performance and functionality of the Sirocco Game, including without limitation the discovery of any errors, bugs or other issues with the performance or functionality, as well as listing any other features or functionality that you would like to see in future versions of Sirocco Game (collectively “Feedback”). You acknowledge and agree that nothing in these terms or in the performance of these terms conveys to you any ownership, intellectual property right, or other proprietary interest in or to Sirocco Game; including, without limitation, any Confidential Information (as defined above). You hereby irrevocably assign to Lunchbox all right, title and interest including, without limitation, any intellectual property rights, in and to any Feedback that you provide Lunchbox. Except as expressly set forth herein, all rights in Sirocco Game are reserved.