End User Alpha/Beta Game Evaluation License Agreement for Gamma Protocol™ and Associated Use of the Gamma Protocol Web Client
IMPORTANT – PLEASE READ CAREFULLY: This End User Alpha/Beta Game Evaluation License Agreement (“Agreement”) is a legally binding agreement between the individual and/or entity to which the Game is provided (“you”) and Stratotainment, LLC (“Stratotainment”) for the alpha/beta version of Gamma Protocol™ (“Game”) and associated use of the Gamma Protocol ™ Web Client (“Client”). By downloading, installing, accessing on-line, copying or using the Game or the Client, you indicate your acceptance of this Agreement. If you are an individual accepting this Agreement on behalf of an entity, you represent that you have authority to enter into this Agreement on behalf of such entity. If you do not agree to the terms of this Agreement, do not download, install, access, copy or use the Game or the Client.
- GRANT OF LICENSE. Stratotainment grants to you a limited, non-transferable, non-exclusive, royalty-free license to install and use the Game on one computer solely for the purpose of evaluating the Game and using it to connect to the Client during the term described below, and for providing feedback related to such evaluation to Stratotainment.
GAME. Unless expressly permitted by Stratotainment you may not (i) sell, rent, lease, loan, sublicense, copy, assign, publish or transfer anything you derive from the Game or access to the Client; (ii) permit third parties to benefit from the use or functionality of the Game or Client via a network, timesharing, service bureau or other arrangement, nor use the Game or Client for any other commercial purpose; (iii) transfer any of the rights granted to you under this Agreement; (iv) reverse engineer, decompile, disassemble, modify, nor create derivative works based upon the Game or the Client in whole or in part; (v) copy any part of the Game or Client, with exception of one archival copy of the Game for personal use only; (vi) use third party image or video capturing software to capture the output of Game for any commercial or for profit use; (vii) remove any proprietary notices or labels on the Game; (viii) make use of, or allow any person to make use of, Game for any commercial purpose including but not limited to selling items outside the Game or selling Game Accounts (“Account”) unless authorized by Stratotainment; (ix) use an unauthorized third party programs to interact with the Game in any way that could modify, cheat, hack, run scripts or otherwise alter the intended play of the Game; or (x) interact, emulate, redirect or intercept any communication between the Game and the Client. All rights not expressly granted to you are reserved by Stratotainment.2.2
CLIENT CONDUCT. With respect to use of the Game and the Client, conduct that violates applicable law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Agreement, is prohibited. Stratotainment reserves the right at all times to prohibit activities that damage or threaten to damage its commercial reputation and goodwill or the integrity of Stratotainment’s network resources or those of the Client. By way of example, and not as a limitation, you agree not to:
- Use the Client in connection with surveys or contests (unless initiated by Stratotainment), pyramid schemes, chain letters, junk or bulk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.Harvest or otherwise collect information about others, including email addresses, without their consent.
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
- Allow use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity any portion thereof other than as expressly permitted by Stratotainment.Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.Transmit or upload any material that contains Game or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
- Interfere with or disrupt networks connected to the Client or violate the regulations, policies or procedures of such networks, or of Stratotainment, which may be posted on the Client.
- Attempt to gain unauthorized access to the Client, other accounts, computer systems or networks connected to the Client, through password mining or any other means.
- Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or Game exported from the United States through the service.
- Interfere with another user’s use and enjoyment of the Client or another individual’s or entity’s use and enjoyment of similar services.
- Solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
- FEEDBACK. You agree to use reasonable efforts to provide feedback to Stratotainment regarding the performance and usability of the Game, including without limitation, bug reports, in accordance with the format for providing such information on Stratotainment’s online reporting system. All such feedback and information and any other materials provided by you to Stratotainment shall become the property of Stratotainment and may be used by Stratotainment for any purpose.
- TERM; TERMINATION. This Agreement shall be effective from the date you accept this Agreement and shall remain in effect until terminated by (i) Stratotainment’s written notice to you, (ii) the commercial full release of the Game by Stratotainment, whichever occurs earlier. Upon the termination of this Agreement, you agree to cease use of the Game and the Client and delete it from any computer, desktop, mobile platform or any such device on which it has been installed.
- CONFIDENTIALITY. The Game and related information, including all information related to Stratotainment’s program for alpha/beta testing of the Game, and any information regarding the Game’s features or the results of any use or testing of the Game provided by you to Stratotainment pursuant to Section 3, is proprietary and confidential information of Stratotainment and/or its affiliated entities. You agree not to disclose or provide the Game or any related information (including information regarding the Game’s features or the results of any use or testing) to any third party or use the Game for any purpose other than as provided in this Agreement. However, you may disclose confidential information in accordance with a judicial or other governmental order, provided you give Stratotainment reasonable notice prior to such disclosure and comply with any applicable protective order or equivalent. You shall not be obligated to maintain the confidentiality of information which you can prove by documentary evidence is (i) is already known to you without an obligation to maintain the same as confidential (unless previously disclosed to you by Stratotainment); (ii) becomes publicly known through no wrongful act by you; (iii) is rightfully received by you from a third party without breach of an obligation owed to Stratotainment; or (iv) is independently developed by you.
- OWNERSHIP RIGHTS. The Game, which includes, without limitation, graphics, computer code, logos, layouts, music, text and all accompanying material, and all aspects of the Client, are protected by United States copyright laws and international treaty provisions. Stratotainment and/or its suppliers and affiliated entities own and retain all rights, title and interest in and to the Game and the Client, including all copyrights, patent rights, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, use of the Game or the Client does not transfer to you any title to the intellectual property in the Game or the Client, and you will not acquire any rights thereto except as expressly set forth in this Agreement or any other agreement governing use of the Game and Client. You further acknowledge you have no ownership, rights or interest in and to your Account and that Stratotainment shall forever own any and all rights to your Account.
- NO WARRANTIES. THE GAME CONTAINS PRE-RELEASE ALPHA/BETA CODE AND MAY BE CHANGED SUBSTANTIALLY BEFORE COMMERCIAL RELEASE. THE GAME AND ANY ACCOMPANYING WRITTEN MATERIALS AND THE CLIENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRATOTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, AVAILABILITY, RELIABILITY, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION, WITH RESPECT TO THE GAME AND ANY ACCOMPANYING WRITTEN MATERIALS AND THE CLIENT. YOU ASSUME FULL RESPONSIBILITY FOR INSTALLING, EVALUATING AND USING THE GAME AND THE CLIENT, AND FOR DETERMINING ITS SUITABILITY FOR YOUR PURPOSES AND INTENDED RESULTS. WITHOUT LIMITING THE FOREGOING PROVISIONS, STRATOTAINMENT MAKES NO WARRANTY THAT THE GAME OR THE CLIENT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE GAME OR THE CLIENT WILL MEET YOUR REQUIREMENTS. INDEED, IT IS ANTICIPATED THAT PRE-RELEASE ALPHA/BETA CODE MAY CONTAIN ERRORS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FORGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL STRATOTAINMENT OR ITS SUPPLIERS OR AFFILIATED ENTITIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES WHATSOEVER. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FORGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- INDEMNIFICATION. YOU HEREBY AGREE TO IDEMNIFY, DEFEND AND HOLD HARMLESS STRATOTAINMENT FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY FEES) AND LIABILITIES THAT DIRECTLY OR INDIRETCLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME OR CLIENT OR ANY SUCH VIOLATION BY YOU OF THIS LICENSE AGREEMENT. YOU WILL COOPERATE WITH STRATOTAINMENT IN ASSERTING ANY DEFENSE OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND ALLOW STRATOTAINMENT TO ASSUME FULL CONTROL OF AND EXCLUSIVE DEFENSE AT ITS SOLE AND ABSOLUTE DISCRETION.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The Game is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)1(ii) of the Rights in Technical Data and Computer Game clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Game – Restricted Rights 48 CFR 52.227-19, as applicable. Manufacturer is Stratotainment, LLC PO Box 118 Cedar Park, TX 78630.
- MISCELLANEOUS. The cost of setup, testing, and evaluation of the Game and the Client, as well as the cost of any return of the Game, shall be borne by you. This Agreement is governed by the laws of the United States and the State of Texas, without reference to conflict of laws principles, and the parties agree that the sole location and venue for any litigation which may arise hereunder shall be Williamson County, Texas. This Agreement sets forth all of your rights with respect to the Game and the Client and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Game or the Client, except to the extent such communications originate from Stratotainment and expressly supersede or modify this Agreement. This Agreement may not be modified except by Stratotainment as stated in the preceding sentence. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Stratotainment or a duly authorized representative of Stratotainment. If any provision of this Agreement is held to be invalid or unenforceable, it will be construed to have the broadest interpretation which would make it valid and enforceable. Invalidity and un-enforceability of one provision will not affect any other provision of this Agreement. The provisions of this Agreement entitled “Restrictions,” “Confidentiality,” “Ownership Rights,” “No Warranties,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous” shall survive any termination or expiration of this Agreement. The parties confirm that it is their wish that this Agreement has been written in the English language only. If you have any questions concerning these terms and conditions please contact Stratotainment at
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE BY CLICKING “ACCEPT” BUTTON DURING THE GAME INSTALLATION PROCESS OR BY DOWNLOADING, INSTALLING, ACCESSING ON-LINE, COPYING, USING OR PARTICIPATING IN THE GAME, OR BY ACCESSING ON-LINE OR USING THE CLIENT, YOU INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.