Join Date: Mar 2006
Re: OMG!!! Crysis DEMO!!!!!!!
EA written notification of your termination by sending an email to email@example.com Upon termination of this Agreement for any reason, all license rights granted hereunder shall terminate. Sections 4-13 shall survive termination of this Agreement for any reason.
3. You acknowledge and agree that your participation of this Program and use of any materials provided hereunder (including the Beta-Test Materials) are governed by our then current terms of services, which can be found at www.ea.com (select the link to "Terms of Services") (the "Terms of Services"). You agree to comply with the code of conduct that is reviewed and accepted by you during the registration/application process (the "Code of Conduct"). You further represent and warrant that: (i) all information you have provided during the registration/application process and in connection with this Program is accurate and not misleading; and (ii) you are not a current employee or consultant of a competitor of ours.
4. You acknowledge that the version of the Product(s) that you are testing is beta-version software that is not complete, has not been fully-tested by EA, and is not ready for sale to the general public. The Product(s) may have bugs and other problems that make it unplayable, and that could potentially cause damage to your computer equipment. You agree that, to the maximum extent permitted by applicable law, EA and its affiliates disclaims all liability to you for any problems you have regarding the Product(s) or your participation in the Program, or for any damage that the Beta-Test Materials may cause. EA and its affiliates shall, in no event, be liable for any special, incidental, indirect, or consequential damages whatsoever.
5. Without limiting Section 4 above, you further agree that notwithstanding any damages that you might incur for any reason whatsoever, the entire liability of EA and any of its affiliates under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to Fifty U.S. Dollars ($50). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purposes.
6. THE PRODUCT(S) AND THE BETA-TEST MATERIALS ARE PROVIDED TO YOU 'AS IS". EA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMTIED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
7. You agree, but are not obligated, to provide feedback and suggestions to EA regarding your experiences using the Product(s) and other Beta-Test Materials as reasonably requested by EA, or as otherwise voluntarily provided by you (collectively, the "Feedback"). All rights, title and interests in and to the Beta-Test Materials and Feedback shall, as between EA and you, be and remain the sole property of EA. Nothing in this Agreement shall be construed as granting you any rights of any kind with respect to the Beta-Test Materials, other than the personal and non-transferable privilege to review the Beta-Test Materials during the period specified by EA (unless terminated earlier as provided in Section 2 above), solely for the purpose of evaluating the Product(s) for the benefit of EA as part of this Program (an "Evaluation"). Furthermore, you hereby grant EA the complete, perpetual, and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform any Feedback which is provided by you hereunder in any form, anywhere, with or without attribution to your personal or screen name in EA's discretion, and without any notice or compensation to you of any kind. You represent and warrant that you have right to enter into this Agreement and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.
8. You agree that: (i) you will not copy or reproduce the Beta-Test Materials; (ii) you will not use the Beta-Test Materials for any purpose other than for Evaluation; (iii) you will use the Beta-Test Materials in strict compliance with the provisions of this Agreement; (iv) you will carry out the Evaluation personally and will not provide access to the Beta-Test Materials to any other person; (v) you will not decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Product(s), or any part thereof, to the maximum extent this restriction is permitted under applicable law.
9. You agree that you will not alter, modify, or create a derivative work of the Beta-Test Materials in any manner, nor remove any copyright notice, trademark notice, and/or other proprietary legend or label set forth on or contained within the Beta-Test Materials. You agree to use the Beta-Test Materials in compliance with all applicable laws.
10. You acknowledge and agree that this Program and the Beta-Test Materials are confidential. You will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the Product(s) and Beta-Test Materials. You agree that breach of the above confidentiality obligations will cause irreparable harm to EA, and EA is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta-Test Materials confidential will continue until EA publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the Product(s) and the content that you are testing. Upon termination of this Agreement for any reason, or upon EA's request at any time for any reason, you shall immediately return any Beta-Test Materials to EA (or destroy the same if requested by EA).
11. This Agreement is personal to you, and you may not assign this Agreement, nor any of your rights or obligations hereunder. Any assignment by you shall be null and void.
12. The laws of the State of California will govern this Agreement, except for that body of laws relating to conflicts of laws. The parties agree that any dispute arising under this Agreement will be resolved in the state or federal courts within the Northern District of California and each party expressly consents to jurisdiction therein.
13. This Agreement, the Terms of Services, and the Code of Conduct constitute the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, discussions and understandings of the parties, whether written or oral. Should any provision of this Agreement be determined to be void, invalid or otherwise unenforceable by any court or tribunal of competent jurisdiction, such determination shall not affect the remaining provisions hereof which shall remain in full force and effect. No waiver or modification of any of the provisions of this Agreement shall be valid unless in writing and signed by both of the parties.