DO NOT STREAM, RECORD, TAKE SCREENSHOTS OR OTHERWISE CAPTURE OR SHARE THE CONTENT MADE AVAILABLE TO YOU AS PART OF THE PLAYTEST PROGRAM. WE’RE NOT THERE YET!
Welcome, Explorer. We hope you enjoy participating in the playtest for Scavengers and appreciate your support in helping us to test and improve our products!
PLEASE READ THIS SCAVENGERS PLAYTEST AGREEMENT (this “Agreement”) CAREFULLY IN ITS ENTIRETY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MIDWINTER ENTERTAINMENT, INC., A WASHINGTON CORPORATION (“Midwinter”, “we”, “us” and their derivatives) AND GOVERNS YOUR PARTICIPATION IN OUR PLAYTEST PROGRAM (the “Playtest Program”)
BY CLICKING “ACCEPT” AND/OR PARTICIPATING IN THE PLAYTEST PROGRAM YOU (a) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, (b) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (c) ARE AUTHORIZED AND ABLE TO ACCEPT THIS AGREEMENT.
As part of your participation in the Playtest Program, you may download, install, play, and otherwise access a nonpublic and confidential version of our video game, currently known as Scavengers (the “Game”), in the early access state in which it is made available to you. As long as you are participating in the Playtest Program, we grant you a revocable, personal, non-assignable, nonexclusive, non-transferable, limited license to use the Game and any other documents, information, materials, or communications relating to the Playtest (collectively, including, without limitation, the Game, the “Playtest Materials”) solely for the purposes of participating in the Playtest Program and providing feedback to us about your experience with the Game. Use of the Playtest Materials in any manner not expressly permitted under this Agreement is strictly prohibited.
If we suspend and/or terminate your right to use the Playtest Materials and/or participate in the Playtest Program, including, by way of example, under the section entitled “Denial/Suspension; Monitoring; Changes” below, the license to use the Playtest Materials described in the preceding paragraph will also terminate, and you will have no further right to use them.
As a participant in the Playtest Program, you may be exposed to early, pre-release materials and information about the Game, which is currently unreleased. You may be asked to provide Midwinter with feedback based on your play experiences. For the purposes of this Agreement, “Confidential Information” means any non-public information concerning the Playtest Materials, including, for clarity and without limitation, the Game, or Midwinter that Midwinter discloses to you, you may disclose to Midwinter, or that you may otherwise learn as the result of your participation in the Playtest Program. For clarity, “Confidential Information” includes, without limitation, the following:
You may not share, copy, disclose, distribute, stream, publish, transmit, post or otherwise make available, directly or indirectly, Confidential Information or any portion thereof to any third party or otherwise use any Confidential Information except in connection with the Playtest Program. For example, you may not use Confidential Information to develop a competitive product or reach out to our staff with advertising materials. You may play the Game only in your home or other non-public locations. You acknowledge and agree that disclosure of Confidential Information will cause significant and irreparable harm to us, the extent of which may be difficult to ascertain. Accordingly, we are entitled to injunctive relief as well as all other legal remedies that may be available if you breach this Agreement. However, notwithstanding anything to the contrary in this Agreement, you may disclose the existence of the Playtest Program and your participation in it, including, for example, by posting a brief written description of your initial impressions of the Game on social media. To be clear: you may not record or share images or recordings of gameplay of the Game or otherwise make any media or content taken from the Playtest Materials available to third parties.
© Midwinter Entertainment, Inc. 2018-2019 All rights reserved. We and/or third parties retain ownership and/or other applicable rights in the Playtest Materials, including, without limitation, the Game, which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may be asked and, as a condition of your participation in the Playtest Program, expected to provide us with Feedback from time to time. You agree that, in consideration for your participation in the Playtest Program, Midwinter will own, and you hereby assign to Midwinter, any and all Feedback that you may provide us. As such, you acknowledge that we will be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback that you provide to us, royalty free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas that you provide to us concerning the Playtest Program, Playtest Materials, including, without limitation, the Game, or any suggested improvements thereto.
As a condition of your participation in the Playtest Program and while accessing the Playtest Materials, you agree that you will not:
Although we’re not obligated to monitor your participation in the Playtest Program or your access to or use of the Playtest Materials, we have the right to do so to for any reason or no reason, including to operate and update the Playtest Materials, to ensure compliance with this Agreement, to comply with applicable law or other legal requirements, or otherwise in furtherance of any lawful business purpose. We reserve the right, but are not obligated, to remove, disable or suspend your participation in the Playtest Program or your access to or use of any Playtest Materials, including, without limitation, the Game at any time and without notice and for any reason or no reason, including, but not limited to, if we, in our sole discretion, determine that any of the following applies: (a) your system doesn’t meet the minimum requirements described in any documentation we provided to you in connection with your participation in the Playtest Program; (b) you violate or are suspected of violating this Agreement (which would also deny access to future playtests); or (c) you’re sharing/streaming content concerning the Playtest Program and/or the Playtest Materials without our express written authorization or are suspected of doing so. We reserve the right to withdraw or change the Playtest Materials, including, without limitation, the Game, and/or Playtest Program, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Playtest Materials, including, without limitation, the Game and/or the Playtest Program is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Playtest Materials, including, without limitation, the Game and/or the Playtest Program. It is your sole responsibility to make all arrangements necessary for you to have access to the Playtest Materials.
If you access or use the Playtest Materials, including, without limitation, the Game, and/or participate in the Playtest Program, you do so at your own risk. YOU UNDERSTAND AND AGREE THAT THE PLAYTEST MATERIALS, INCLUDING, WITHOUT LIMITATION, THE GAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, MIDWINTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Midwinter makes no representations or warranties of any kind with respect to the Playtest Program or the Playtest Materials, including, without limitation, the Game, including any representation or warranty that the use thereof or participation therein will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data; (b) meet your requirements or expectations; (c) be free from errors or that defects will be corrected; (d) be free of viruses or other harmful components; or (e) be entirely secure or that the information you share with us will be secure. No advice or information, whether oral or written, obtained from Midwinter or through the Playtest Program, will create any warranty not expressly made herein.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MIDWINTER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLAYTEST MATERIALS, INCLUDING, WITHOUT LIMITATION, THE GAME, OR PARTICIPATION IN THE PLAYTEST PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to the principles of conflict of laws. Each party consents to the exclusive jurisdiction of the courts located in the State of Washington for any legal action, suit or proceeding arising out of or in connection with this agreement. Each party to this Agreement further waives any objection to the laying of venue for any such suit, action or proceeding in such courts. Privacy & Personal Information As part of your participation in the Playtest Program, you explicitly consent to our collection of any and all information related to your operation of the Game, including, without limitation, your hardware system profile data, internet connection data, gameplay data, and location data. You acknowledge that we may update the Playtest Materials remotely including, without limitation, the Game client that has been downloaded to your hard drive, with or without your knowledge. You hereby expressly consent to our application of such patches, updates, and modifications to the Game.