Navigated to Playtest Cancellation Policy
- WHEREAS, the Company is engaged in the business of design and development of video games and other interactive properties ("Games");
- WHEREAS, the Company routinely allows users to play unfinished versions of a Game to work out flaws in gameplay, level design and other basic elements of game design, as well as to discover and resolve bugs and glitches ("Playtests");
- WHEREAS, Company routinely uses video and audio recordings of Playtests to analyze and improve its Games;
- WHEREAS, Tester desires to Playtest a Game; and
- WHEREAS, as a condition of Tester's participation in Playtesting, Tester or Guardian, on behalf of Tester, has agreed to enter into this Agreement and to be bound by its terms and conditions.
- NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Tester or Guardian, on behalf of Tester, agrees as follows, intending to be legally bound hereby:
- a. Tester and Guardian shall keep in confidence and not disclose to any third party, without the written permission of Company, the Confidential Information made known to Tester and Guardian during Playtesting. As used herein, the term "Confidential Information" means information relating to the Game, customers, employees, tools and techniques, designs, drawings, schematics, and other documentation relating thereto and other confidential and proprietary business information of Company.
- b. Tester and Guardian agree and acknowledge that all Confidential Information disclosed to Tester shall be and remain the sole property of Company. Nothing contained in this Agreement shall be construed as granting to Tester any right, title, or interest of any kind, by license or otherwise, to Confidential Information disclosed by Company, the intellectual property therein or any part or copy thereof. Tester and Guardian may not make, sell, license or distribute copies of the Confidential Information disclosed by Company and may not sublicense, transfer or assign in any manner whatsoever this Agreement.
- c. Tester and Guardian acknowledge that failure to perform any of the terms or conditions of this Agreement shall result in immediate and irreparable damage to Company. Tester and Guardian also acknowledge that there may be no adequate remedy at law for such failures and that in the event thereof Company shall be entitled to equitable relief in the nature of injunction and to all other available relief, at law and/or in equity.
- a. the right to record Guardian's and Tester's image, photograph, picture, likeness, and voice by any technology or means;
- b. the right to copy, use, perform, display and distribute such recordings of me for any legitimate purpose, including but not limited to distribution by means of streaming or other technologies via the Internet, or distribution of audio or video files;
- c. the right to combine such recordings of Tester and Guardian with other images, recordings, or printed matter in the production of motion pictures, television tape, sound recordings, still photography, CD-ROM or any other media;
- d. the right to record, reproduce, amplify and simulate my image and all sound effects produced.e. the right to assign, transfer, or license the above rights to third parties;