Beta Tester Agreement.
Beta Test With Us.
By signing up, you are bound by the agreement below.
*note: You WILL NOT be spammed and your privacy will be respected. Any and all communications will be directly related to this game ONLY!
Scope of this Agreement
The Software-Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the “Software”), is copyrighted. Scope of this agreement is the licensing (not selling) of the “Product” to You, as the ‘user’ (either an individual or an entity). Zouhair Soueidan and Rezky Ashari (collectively, the “Group” or “Disclosing Party”) reserve all rights not expressly granted.
Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Closed Beta Testing.
Eligibility and Enrollment
IN READING THIS, YOU ACKNOWLEDGE THAT: (1) YOU ARE 13 YEARS OF AGE OR OLDER, AND IF YOU ARE BETWEEN AGE 13 and 18, YOU HAVE OBTAINED CONSENT FROM YOUR PARENT OR GUARDIAN; AND (2) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.”
Copyright and Ownership
Ownership and Copyright of Software Title to the Software and all copies thereof remain with the Group. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, the Group does not grant any express or implied right to you under the Group’s patents, copyrights, trademarks, or trade secret information.
License and Acceptable Use
You are entitled to access, download or install, and operate the Game solely for the purposes of performing your obligations under this Agreement. You may not sell, license, or transfer the Game, or reproductions of the Game to other parties In any way. You may download or Install, and operate the Game on Apple devices linked to the email address provided on sign-up.
Disclaimer and Liability and Warranties
Limitation on Liability Provision of any Software under this Agreement is experimental and shall not create any obligation for the Group to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL the Group OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM AND TERMINATION
Unless otherwise terminated as specified under this Agreement. Licensee’s rights with respect to the Beta Software will terminate upon the earlier of (a) the initial commercial release by the Group of a generally available version of the Beta Software or (b) automatic expiration of the Beta Software based on the system date. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. The Group shall immediately terminate this Agreement and any Licensee rights with respect to the Beta Software without notice in the event of improper disclosure of The Group’s Beta Software as specified under Confidentiality and Non-Disclosure below. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using, and will return to the Group (or, at the Group’s request, destroy), the Beta Software, Documentation, and all other tangible items in Licensee’s possession or control that are proprietary to or contain Confidential Information. The rights and obligations of the parties set forth in herein and referenced in all applicable sections of this document shall survive termination or expiration of this Agreement for any reason.
BETA TESTER DUTIES
Beta Tester agrees to report any flaws, errors or imperfections discovered in any software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Software, remain or become the exclusive property of the Disclosing Party.
Confidentiality and Non-Disclosure
The Tester will not disclose Software or any comments regarding Software to any third party without the prior written approval of the Group. The Tester will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. The Tester will not be liable for the disclosure of any confidential information which is:
(a.) in the public domain other than by a breach of this Agreement on Tester’s part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) rightfully known to Tester without any limitation on use or disclosure prior to its receipt from The Group; or (d.) generally made available to third parties by the Group without restriction on disclosure.”
No Support and Maintenance; Future Products
During your participation in the Beta Program or in a particular seed. the Group is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software. You agree to abide by any support rules and policies that the Group provides to you in order to receive such support. You acknowledge that the Group has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.
Privacy Policy
The Group’s Privacy Policy (available at http://fuzelinegame.com/privacy-policy) (Privacy Policy) applies to the Beta Program and the Beta Software. You acknowledge and agree that by participating in the Beta Program or by using the Beta Software, the Group may receive certain information about you. including personally identifiable information. and you hereby consent to the Group’s collection, use and disclosure such information in accordance with the Privacy Policy.
Fees and Costs
There are no license fees for Licensee’s use of the Beta Product under this Agreement.
Licensee is responsible for all costs and expenses associated with the use of the Beta Product and the performance of all testing and evaluation activities.
Modification
This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
No Assignment
This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
Severability
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.
CHOICE OF LAW AND DISPUTES
For other than the U.S. Government as a party, this Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, as If performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Philadelphia, Pennsylvania and the parties hereby consent to personal Jurisdiction and venue therein.