1. Term: This Agreement shall be effective as of the date that it is accepted
by both parties and shall continue for a period of five (5) years.
2. Testing and Reporting: Tester agrees to report to Publisher any flaws
he or she discovers in the game, up until the date of the first commercial
sale of the Game. Tester understands that prompt and accurate reports are
of great value to Publisher and promises best efforts to provide such reports
on a weekly basis.
3. Copy of Game to Each Tester: Publisher offers to all beta testers who
complete and return a copy of this Agreement and report weekly as provided
by this Agreement, the released version of the Game (when available) free
of charge, plus shipping.
4. Confidential Information: Tester acknowledges that as a participant
in the Game's beta test, Tester will be given confidential trade secret
information. Specifically, Tester agrees that the characteristics, performance,
and potential shipment date of the Game, the Game itself (including all
software, images, screenshots, and any documentation) and this Agreement
are all Confidential Information and constitute trade secrets of the Publisher.
Tester acknowledges that disclosure of Confidential Information could
cause serious harm to Publisher and, as an essential term and condition
of participating in the test, agrees not to disclose Confidentail Information
to any person or organization. During the Non-Disclosure Period, Tester
agrees not to dissiminate, publish, or otherwise communicate any review,
account, description or other information concerning the Game, except directly
to Publisher or with express prior written consent of Publisher.
Tester further agrees not to copy, decompile, or reverse engineer the
Game at any time during or after the beta test.
5. Ownership: Tester acknowledges having no ownership of the Game, its
copyright, its trademark, nor any other intellectual property rights in
the Game from this Agreement. Tester further acknowledges that no such
ownership will be acquired through this Agreement.
Tester agrees that the contents of all oral, written, electronic reports
to Publisher, and any other materials, information or ideas, concepts,
and know-how provided by Tester (including corrections to problems in the
Game and documentation) become property of Publisher and may be used by
Publisher for all business purposes, without any accounting or any payment
to Tester. Under no circumstances will Publisher become liable for any
payment to Tester for any information that Tester provides, whether concerning
the Game or otherwise, no matter how such information is used by Publisher
or anyone else.
6. Risks: Tester understands that the Game may have errors and produce
unexpected results. Tester agrees that any use of the Game, whether as
part of this beta test or otherwise, will be entirely at Tester's own
risk. Tester agrees to backup data and take any other appropriate measures
to protect programs and data.
THE GAME IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR
IMPLIED. PUBLISHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PUBLISHER BE LIABLE
FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS,
OR ANY INCIDENTAL OR COINSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED
OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF
PUBLISHER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER
CLAIM BY TESTER OR FOR ANY THIRD PARTY CLAIM.