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This is the Closed Test Agreement (the "Agreement") for Shadowstone created by Secret Door, a Dreamhaven studio, including all applicable game client software (the "Game"). Please read through this document carefully. By playing, creating an account, copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and will comply with the terms set forth below. The Agreement is effective as of the earlier of (i) the date you accept the Agreement, or (ii) the date you download, copy, or otherwise use the game software (the "Effective Date"). This Agreement is the binding legal agreement between you and Dreamhaven for the download and use of the Game and your participation, obligations, and contributions during the closed testing period ("Closed Test").
- Definitions. "End User", "Tester", "you", and "your" refers to you, the individual accessing the Game and accepting the terms of this Agreement. "Dreamhaven", "we", "our", and "us" refers to our company, Dreamhaven, Inc. "Party", "parties", or "us" refers to both the Tester and Dreamhaven, or either the Tester or Dreamhaven.
- Purpose. Dreamhaven is developing the Game and seeks your feedback to improve the Game before its official release
- Eligibility. You represent that you are at least 13 years of age (or the minimum age of your country of residence). If you are between the ages of 13 and 18 (or the age of majority of your country of residence), then you must review this Agreement with your parent or legal guardian.
If you are the parent or legal guardian, you agree to this Agreement on behalf of yourself and your child. Parents and guardians are responsible for the acts of children under the age of 18 when using the Game. - Ownership. Tester acknowledges and agrees that all right, title, and interest in the Game and related content and materials, including but not limited to, copyrights, patents, trademarks, trade secrets, good will, inventions, and intellectual property rights, are and shall remain the exclusive property of Dreamhaven.
- License. Subject to the terms and conditions of this Agreement, Dreamhaven grants you a non-exclusive, revocable, non-transferable, and limited right to license one copy of the Game for your personal, non-commercial use during the Closed Test. The Game is licensed to you, not sold. Your use of the Game is contingent upon your compliance with the terms of this Agreement.
- Responsibilities of Tester.
- Treat all fellow playtesters with respect. Harassment, obscene or vulgar behavior, taunting, trolling, disparaging, name calling, or otherwise engaging in any behavior that prevents your fellow playtesters from enjoying the Game is strictly prohibited.
- You may not copy, reproduce, display, publish, distribute, perform, modify, translate, create derivative works from, adapt, sublicense, lease, sell, or commercially exploit the Game or any part thereof.
- You may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game.
- You may not use bots, cheats, hacks, mods, or any unauthorized third-party software designed to modify the Game experience.
- Treat all fellow playtesters with respect. Harassment, obscene or vulgar behavior, taunting, trolling, disparaging, name calling, or otherwise engaging in any behavior that prevents your fellow playtesters from enjoying the Game is strictly prohibited.
- Feedback. Tester agrees to provide honest and constructive feedback to Dreamhaven regarding the Game, including any bugs, glitches, or suggestions for improvement. Tester acknowledges that Dreamhaven may use Tester's feedback for the purpose of improving the Game and that Tester shall not be entitled to any compensation or credit for providing such feedback.
- No Warranties. The Game and related software, including all information, data, content, materials, and services, are provided "AS IS" without warranties of any kind, whether express or implied, including, but not limited to, the implied Warranty of Merchantability, Fitness for a Particular Purpose, or non-infringement. We do not guarantee that the Game is bug or error free, or that the Game will function on your system.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DREAMHAVEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE GAME.
- Equitable Remedies. You agree that a breach or threatened breach of this Agreement will cause Dreamhaven irreparable harm, that money damages would not be an adequate remedy, and that Dreamhaven shall be entitled to ex parte injunctive relief without bond to stop such breach or threatened breach.
- Term and Termination. This Agreement shall commence on the Effective Date and shall continue for the duration of the Closed Test or until terminated by either party. Either party may terminate this Agreement at any time, for any reason, by providing written notice to the other party. Please note, however, that your obligation to keep all information about the Game confidential continues until the Game is released to the public or the information is otherwise released publicly by Dreamhaven. We may cancel your access or limit your use of the Game at any time and for any reason in our sole discretion. Upon completion of the Closed Test or termination of this Agreement, you agree to uninstall and/or remove the Game from your computer or gaming system, as applicable.
- No Waiver. Our failure to enforce any of the provisions of this Agreement shall in no way be construed to be a waiver of such provisions, nor in any way affect our right to enforce such provisions in the future.
- Survival. The following sections shall remain in full force and effect after the expiration of the Closed Test or termination of this Agreement: 1, 4, 5, 6, 7, 9, 10, 11, 13, 14, and 15.
- Miscellaneous. This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, whether oral or in writing, with respect to the subject matter hereof. If any portion of this Agreement is found to be invalid, the invalidity will not affect the other provisions or applications of the remainder of the Agreement which shall be given full effect without the invalid portion. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising out of or in connection with this Agreement shall be resolved through amicable negotiations between the Parties. If the Parties fail to reach a resolution, the dispute shall be submitted to the exclusive jurisdiction of the courts in the County of Orange, California.