Early Access BETA License Agreement
(A) You represent and warrant that you are not a principal, employee, agent, independent contractor, officer or director of a developer or publisher of video or computer games. You represent and warrant that you are entering into this Agreement on a completely voluntary basis with no expectation of any form of compensation whatsoever other than what is expressly provided for in this Agreement.
(B) In connection with the Beta Program, INCENDIO may provide you, on a temporary basis, access to the pre-release copy of the Game. You understand and agree that the pre-release copy and all other Materials (as defined below) provided to you are confidential or proprietary information of INCENDIO and are not intended for public release. You agree as a condition of participating in the Beta Program to (i) not copy or reproduce the pre-release copy of the Game, the Materials or any other confidential or proprietary information of INCENDIO, and (ii) safeguard access to the pre-release copy of the Game, the Materials and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy of the Game, the Materials and confidential and proprietary information of INCENDIO.
(C) As a tester, you are invited to play the Game for the sole purpose of evaluating the Game and identifying errors. Nothing in this Agreement or your participation in the Beta Program shall be construed as granting you any rights or privileges of any kind with respect to the Game or rights to receive any other compensation of any kind for your participation and does not constitute an employment agreement or offer of such an agreement between you and INCENDIO. The Game is provided on an "as is" and "as available" basis and INCENDIO makes no warranty to you of any kind, express or implied. INCENDIO may, in its sole discretion for any reason and at any time without notice during the Beta Program terminate your participation therein without any form of compensation due to you whatsoever for this termination.
(D) By playing the Game, you agree that: (i) INCENDIO is not providing you with any hardware to run the Game; (ii) playing the Game is at your own risk and you know that the Game may include known or unknown bugs, (iii) any value or status indicators that you achieve through game play may be erased at any time, (iv) INCENDIO has no obligation to make the Game available for play without charge for any period of time, nor to make it available at all, and (v) you will not use the Game or the Materials for any purpose that is unlawful or prohibited by the terms and conditions of this Agreement.
(E) Beta Program accounts are non-transferable under any circumstances. You may not share your log-in or access information with anyone.
2. Use of Content/Intellectual Property
All Game software, code, design, text, scripts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, programs, routines, objects, files, data, characters/avatars (including all attributes comprising or associated with any player account), players, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of INCENDIO and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
INCENDIO hereby grants to you a personal, limited, non-exclusive, revocable, non-assignable and non-transferable license to use and display the Game and the Materials for noncommercial and personal use and solely for purposes permitted by, and in a manner consistent with the terms of this Agreement. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display or distribution of the Material via a third party website) without the express prior written consent of INCENDIO. Use of INCENDIO’s and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not, under any circumstances: (a) in whole or in part, translate, reverse engineer, derive source code from, disassemble, decompile the Game; and (b) use cheats, automation software, hacks, or any unauthorized third party software to modify the Game.
Any and all rights not specifically and expressly granted by INCENDIO herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. INCENDIO reserves the right to suspend or terminate operation of the Game at any time for any reason without any notice or liability to you. INCENDIO has the right to change or discontinue any aspect or feature of the Game, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time without any notice or liability to you. Any use of the Game not expressly authorized by INCENDIO is strictly forbidden and will be regarded as an infringement of INCENDIO’s and/or its subsidiaries’, affiliates’, assigns’, licensors’ copyrights in and to the Game.
YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS AGREEMENT SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE GAME OR MATERIALS OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY NOR TO AUTHORIZE YOU TO CREATE DERIVATIVE WORKS BASED THEREON. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such rights.
Our License to Your Content/Intellectual Property. By uploading or otherwise submitting, posting, uploading, communicating or otherwise distributing (collectively, "Distribute") any texts, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, feedback, comments, and other similar materials (collectively, “Solicited Submissions”) to INCENDIO via any feature or activity related to the Game for INCENDIO’s review or display, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to INCENDIO a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world in those materials have been waived.
No Warranty . THE GAME ARE BEING DELIVERED TO YOU ON AN “AS AVAILABLE” AND "AS IS" BASIS AND INCENDIO (INCLUDING ITS SUBSIDARIES AND AFFILIATES) MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE. INCENDIO DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE GAME. INCENDIO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE GAME INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF THE GAME AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Game or with respect to the information and material contained in the Game. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.
Limitation of Liability . IN NO EVENT WILL INCENDIO (OR ITS AFFILIATES OR SUBSIDIARIES) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, EXPEMPLARY, LIQUIDATED SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABIILTY ARISING FROM YOUR USE OF THE GAME. IN NO EVENT WILL INCENDIO (OR ITS AFFILIATES OR SUBSIDIARIES) BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, DISRUPTION OF SERVICE OR CLAIMS OF A THIRD PARTY REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY.
Termination of Game/Content . The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us, if, in our sole discretion, you fail to comply with this Agreement. Further, use of any software, code, device or other mechanism that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client will result in immediate termination of your account. INCENDIO reserves the right, in its sole and absolute discretion, to determine what constitutes manipulation of gameplay or game client. INCENDIO also reserves the right to terminate your access to the Game at any time. Finally, INCENDIO reserves the right to change and modify the Game or its respective content or features in its sole discretion.
Indemnification . You agree to indemnify, defend and hold harmless, INCENDIO and its affiliates and subsidiaries, and its and their respective officers, directors, employees, agents, licensors, representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. INCENDIO reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Modification . We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. Once we modify the Agreement, these changes become effective immediately and if you use the Game after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms of this Agreement regularly so you are aware of the most current rights and obligations pursuant to your agreement with us.
General . This Agreement contains the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. This Agreement constitutes the entire agreement between you and INCENDIO and governs your use of the Game. If any provision of this Agreement is determined by a court or arbitrator to be invalid or unenforceable, such determination shall not affect any other provision of the Agreement, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein. You may not assign this Agreement, and any assignment of this Agreement by you will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Written Agreement . The Agreement constitutes a written agreement between you and INCENDIO. A printed version of the Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
This Agreement was last modified on 1 July 2019 and is effective immediately.