Beta Tester Agreement

Last updated: 5 April 2021

  1. This agreement is between Mediatonic Limited (UK Company No. 05565220) (us, we, our) and you, an individual (you, your), who has been invited to test a pre-release version of a game or game(s) in development by us (the Pre-Release Build).
  2. You may only participate in a test if:
    1. we accept your application to test the Pre-Release Build (at our sole discretion);
    2. you are an individual of 18 years of age or older;
    3. you understand, agree to and comply with this agreement;
    4. you comply with all reasonable instructions provided by us from time to time in respect of the Pre-Release Build and the test.
  3. You agree to keep the Pre-Release Build and all materials, information and communications relating to the Pre-Release Build provided to you (the Confidential Materials) strictly confidential.
  4. You agree to use the Confidential Materials only as instructed by us for the purposes of testing the Pre-Release Build (the Purpose). You shall not:
    1. disclose the Confidential Materials to any other person or entity;
    2. make copies of the Confidential Materials or any part of it;
    3. take screenshots or videos (whether gameplay footage or otherwise) of the Confidential Materials and make available such materials to any other person or entity; or
    4. reverse engineer any of the code of the Confidential Materials for any purpose.
  5. You agree to keep the Confidential Materials secure and take full responsibility for any third party access to the Confidential Materials.
  6. You agree that we grant you a revocable, limited, non-transferable, non-sublicensable licence to use the intellectual property rights in the Confidential Materials for the Purpose only.
  7. We may terminate this agreement and/or your participation in any and all beta testing programs in our sole and absolute discretion immediately on notice to you.
  8. You shall not acquire any intellectual property or other rights in the Confidential Materials or any materials relating to it and hereby waive any claim in respect of such rights, including, without limitation, any rights that may arise in your feedback to us regarding the Confidential Materials.
  9. You agree that you have received adequate and sufficient consideration for the purposes of this agreement including without limitation from the opportunity to test the Confidential Materials.
  10. You acknowledge that the Confidential Materials is likely to contain bugs and software errors which may cause your software and/or hardware to malfunction or cease operating. You accept such risks and waive any claims for liability arising from damage to your software and/or hardware as a result of installing and/or running the Confidential Materials. We disclaim any express or implied warranties around the performance or stability of the Confidential Materials which is provided “as is”.
  11. The only exception to your duty of confidentiality relating to the Confidential Materials is where you are strictly required to disclose such Confidential Materials pursuant to law or regulation. The unauthorised disclosure by a third party of any part of the Confidential Materials to the public shall have no effect on your duty of confidentiality in this agreement.
  12. Subject to paragraph 7, the term of this Agreement shall commence on your acceptance of this agreement and continue until the third anniversary of the last date that you received Confidential Materials from us or otherwise participated in a test of the Pre-Release Build. At the end of this period, at our discretion, you shall return immediately to us (or, at our option, destroy) all Confidential Materials in your possession or under your control. Your obligations relating to the use, confidentiality, and nondisclosure of the Confidential Materials shall remain in effect perpetually after termination of this agreement.
  13. You acknowledge that your failure to comply with any of the provisions of this agreement will irreparably harm us, and that we may not have an adequate remedy at law in the event of such non-compliance. Therefore, you acknowledge that we shall be entitled to injunctive relief without the posting of bond or other security, in addition to whatever other remedies we may have, at law or in equity, in any court of competent jurisdiction against any acts of non-compliance by you under this agreement.
  14. This agreement contains the entire agreement between the parties relating to the subject matter hereof and all prior understandings, representations and warranties by and between the parties, written or oral, which may be related to the subject matter hereof in any way are superseded by this agreement.
  15. This agreement is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England.

For a better experience, please use your phone in portrait mode.