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Confidential Pre-Release Game Playtesting Agreement
PLEASE READ THIS CONFIDENTIAL PLAYTEST AGREEMENT (THE "AGREEMENT") CAREFULLY AND IN ITS ENTIRETY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BLUE SCARAB ENTERTAINMENT ("BLUE SCARAB") AND GOVERNS YOUR PARTICIPATION IN A CLOSED AND CONFIDENTIAL PLAYTEST (THE "PLAYTEST") OF PRE-RELEASE SOFTWARE (“GAME”).
BY CLICKING "I ACCEPT," AND/OR PARTICIPATING IN THE PLAYTEST YOU (A) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, (B) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THIS AGREEMENT.
1. Playtest. As part of your participation in the Playtest, you may download, install, play, and otherwise access a nonpublic and confidential version of this Blue Scarab digital Game. During the Playtest, Blue Scarab grants you a limited, personal, nonassignable, nonexclusive, nontransferable license to use the Game solely for the purposes of the Playtest, to provide Feedback and participate in Playtest forums. Use of the Game, forums, or any other materials provided to you as part of the Playtest not expressly permitted under this Agreement is strictly prohibited.
2. Feedback. As part of the Playtest, you may provide Blue Scarab with comments, feedback, thoughts, questions, ideas, and suggestions regarding the Game ("Feedback"). You are solely responsible for all Feedback you provide and you acknowledge that such Feedback will not violate the intellectual property rights of any third party. You may only discuss Feedback and Playtest via the official channels, a private Blue Scarab Playtest Discord server, any in-game communication features within the Game, any surveys you receive related to the Playtest, and by replying to the email address from which you will receive emails related to the Playtest (collectively, “Testing Communications”).
3. Confidentiality. The Playtest, the Game, material posted to official channels, and any documentation related thereto are confidential and proprietary to Blue Scarab ("Confidential Information"). You will maintain Confidential Information in the strictest of confidence and will not disclose it to any third party. Further, you agree not to copy, distribute (either in physical or digital format), publish, display, disseminate, release, or otherwise disclose Confidential Information, or create any derivative materials. You may play the Game only in your home or other non-public locations. You may not discuss this Playtest, content posted to forums, or your experience with the Game with parties not participating in the playtest. You acknowledge and agree that disclosure of any part of the Game, Playtest, or Testing Communications to any third party, except as allowed herein, will cause us significant and irreparable harm, the extent of which may be difficult to ascertain. Accordingly, we will be entitled to terminate your access to the Game and Playtest, and seek injunctive relief as well as all other legal remedies that may be available if you breach this Agreement.
4. Automatic Game Communications and Monitoring. Playing the Game requires an Internet connection to Blue Scarabs' servers. As part of playing the Game, you explicitly consent to Blue Scarabs' collection of your hardware system profile data, internet connection data, gameplay data, location data, and any other data related to the operation of the Game. During the Playtest, Blue Scarab may modify the Game automatically and without notice that must be installed to continue to play the Game. You hereby authorise us to make all such modifications and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility. You acknowledge that the Game has not been thoroughly- tested, includes pre-release materials that are not intended for public release and features that may not be available in the final product release, and may not include features that may be available in the final product release, such as user moderation and profanity filters.
5. DISCLAIMER; LIABILITY LIMITATIONS. THE GAME AND PLAYTEST ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, BLUE SCARAB DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FURTHER, BLUE SCARAB DOES NOT WARRANT THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL WORK PROPERLY ON ALL DEVICES. BLUE SCARAB WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PLAYTEST, OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER BLUE SCARAB HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SUBJECT TO THE ABOVE PARAGRAPHS OF THIS SECTION 4, OUR TOTAL AGGREGATE LIABILITY TO YOU IN RESPECT OF ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE BETA SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY HOWSOEVER ARISING), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, IS LIMITED TO SEK 1000 (1000 Swedish Kroner).
6. Miscellaneous. These Terms, any contracts formed in accordance with them and any disputes we may have in connection with them will be governed by and determined according to the laws of Sweden but you will have the additional protection of the mandatory laws of the country in which you live. The mandatory laws of the country in which you live take priority over the laws of Sweden. We can enforce these Terms in a court of the country in which you live. You can enforce these Terms in a court in the country in which you live, or in Sweden.
PLEASE READ THIS CONFIDENTIAL PLAYTEST AGREEMENT (THE "AGREEMENT") CAREFULLY AND IN ITS ENTIRETY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BLUE SCARAB ENTERTAINMENT ("BLUE SCARAB") AND GOVERNS YOUR PARTICIPATION IN A CLOSED AND CONFIDENTIAL PLAYTEST (THE "PLAYTEST") OF PRE-RELEASE SOFTWARE (“GAME”).
BY CLICKING "I ACCEPT," AND/OR PARTICIPATING IN THE PLAYTEST YOU (A) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, (B) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THIS AGREEMENT.
1. Playtest. As part of your participation in the Playtest, you may download, install, play, and otherwise access a nonpublic and confidential version of this Blue Scarab digital Game. During the Playtest, Blue Scarab grants you a limited, personal, nonassignable, nonexclusive, nontransferable license to use the Game solely for the purposes of the Playtest, to provide Feedback and participate in Playtest forums. Use of the Game, forums, or any other materials provided to you as part of the Playtest not expressly permitted under this Agreement is strictly prohibited.
2. Feedback. As part of the Playtest, you may provide Blue Scarab with comments, feedback, thoughts, questions, ideas, and suggestions regarding the Game ("Feedback"). You are solely responsible for all Feedback you provide and you acknowledge that such Feedback will not violate the intellectual property rights of any third party. You may only discuss Feedback and Playtest via the official channels, a private Blue Scarab Playtest Discord server, any in-game communication features within the Game, any surveys you receive related to the Playtest, and by replying to the email address from which you will receive emails related to the Playtest (collectively, “Testing Communications”).
3. Confidentiality. The Playtest, the Game, material posted to official channels, and any documentation related thereto are confidential and proprietary to Blue Scarab ("Confidential Information"). You will maintain Confidential Information in the strictest of confidence and will not disclose it to any third party. Further, you agree not to copy, distribute (either in physical or digital format), publish, display, disseminate, release, or otherwise disclose Confidential Information, or create any derivative materials. You may play the Game only in your home or other non-public locations. You may not discuss this Playtest, content posted to forums, or your experience with the Game with parties not participating in the playtest. You acknowledge and agree that disclosure of any part of the Game, Playtest, or Testing Communications to any third party, except as allowed herein, will cause us significant and irreparable harm, the extent of which may be difficult to ascertain. Accordingly, we will be entitled to terminate your access to the Game and Playtest, and seek injunctive relief as well as all other legal remedies that may be available if you breach this Agreement.
4. Automatic Game Communications and Monitoring. Playing the Game requires an Internet connection to Blue Scarabs' servers. As part of playing the Game, you explicitly consent to Blue Scarabs' collection of your hardware system profile data, internet connection data, gameplay data, location data, and any other data related to the operation of the Game. During the Playtest, Blue Scarab may modify the Game automatically and without notice that must be installed to continue to play the Game. You hereby authorise us to make all such modifications and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility. You acknowledge that the Game has not been thoroughly- tested, includes pre-release materials that are not intended for public release and features that may not be available in the final product release, and may not include features that may be available in the final product release, such as user moderation and profanity filters.
5. DISCLAIMER; LIABILITY LIMITATIONS. THE GAME AND PLAYTEST ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, BLUE SCARAB DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FURTHER, BLUE SCARAB DOES NOT WARRANT THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL WORK PROPERLY ON ALL DEVICES. BLUE SCARAB WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PLAYTEST, OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER BLUE SCARAB HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SUBJECT TO THE ABOVE PARAGRAPHS OF THIS SECTION 4, OUR TOTAL AGGREGATE LIABILITY TO YOU IN RESPECT OF ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE BETA SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY HOWSOEVER ARISING), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, IS LIMITED TO SEK 1000 (1000 Swedish Kroner).
6. Miscellaneous. These Terms, any contracts formed in accordance with them and any disputes we may have in connection with them will be governed by and determined according to the laws of Sweden but you will have the additional protection of the mandatory laws of the country in which you live. The mandatory laws of the country in which you live take priority over the laws of Sweden. We can enforce these Terms in a court of the country in which you live. You can enforce these Terms in a court in the country in which you live, or in Sweden.