This Agreement is between Aftermath Interactive AB (”Developer") and you (”you” or ”the Tester”) must be 18 years or older in order to participate.
BY REGISTERING FOR, LOGGING IN AND PLAYING THE HANDS OF VICTORY GAME ACCESSIBLE FROM THE HANSOFVICTORY.COM domain (”the Beta Product”), YOU (”The Tester”) AGREE TO THE TERMS OF THIS AGREEMENT (“Agreement”). By checking the "Terms and Conditions" box in our account sign-up you agree that you have read, understand, and accept the Agreement. If you do not agree to the terms of this Agreement, do not register for, log-in or play on the beta product.
A. Developer has developed the Beta Product including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (”Game Service").
B. Developer desires that the Game Service be tested prior to general release.
C. Tester wishes to serve as a Beta tester for the Game Service.
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
1. Developer grants to Tester a non-exclusive, non-transferable license to use the Game Service for Beta testing and Beta use from effective date of Agreement up until November 31, 2016 or until any earlier point in time when the Developer decides that, effective immediately, the Tester’s participation in the Beta is no longer required or desired.
2. In consideration for being granted a license to use the Game Service for testing, Tester agrees to serve as a Beta Tester for the Game Service and will notify Developer of all problems and ideas for enhancements which come to Tester’s attention during the period of this Agreement, and hereby assigns to Developer all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
3. Tester agrees that the Game Service is the sole property of Developer until it is officially released and includes valuable trade secrets of Developer. Tester agrees to treat the Game Service as confidential and will not without the express written authorization of Developer:
3.1 Demonstrate, copy, sell or market the Game Service to any third party; or
3.2 Publish or otherwise disclose information relating to functionality, performance or quality of the Game Service to any third party without written consent by Developer; or
3.3 Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Game Service or any portion thereof.
4. The Game Service is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. The Game Service may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. The Game Service is provided "AS IS" without warranty of any kind. The entire risk arising out of the use or performance of the Game Service remains with Tester. In no event shall Developer be liable for any damage whatsoever arising out of the use of or inability to use the Beta Service, even if Developer has been advised of the possibility of such damages.
5. The Tester upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to Tester’s business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Developer.
6. This License Agreement shall be governed, construed and enforced in accordance with the laws of Sweden. This Agreement constitutes the entire and only agreement between the parties related to the Game Service and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
7. Tester shall comply with all applicable Swedish laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
8. Failure of Developer to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
9. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.