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CONFIDENTIAL EARLY ACCESS AGREEMENT FOR FANTASY GROUNDS
PLEASE READ THIS CONFIDENTIAL EARLY ACCESS AGREEMENT (THE "AGREEMENT") CAREFULLY AND IN ITS ENTIRETY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SMITEWORKS USA LLC ("SMITEWORKS") AND GOVERNS YOUR PARTICIPATION IN A CLOSED AND CONFIDENTIAL PRE-RELEASE PHASE (THE "EARLY ACCESS"). BY CLICKING "I ACCEPT," AND/OR PARTICIPATING IN THE EARLY ACCESS 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.
EARLY ACCESS. As part of your participation in the EARLY ACCESS, you may download, install, play, and otherwise access a pre-release version of Fantasy Grounds Unity (the "GAME"). Smiteworks grants you a limited, personal, nonassignable, nonexclusive, nontransferable license to use the Game solely for the purposes of the EARLY ACCESS, to provide Feedback and participate in forums. Use of the Game, forums, or any other materials provided to you as part of the EARLY ACCESS not expressly permitted under this Agreement is strictly prohibited.
FEEDBACK. As part of the EARLY ACCESS, you may provide Smiteworks with comments, feedback, thoughts, questions, ideas, and suggestions regarding the Game ("FEEDBACK"). This FEEDBACK may be through email communications or by posting to the playtest only section of the forums on FantasyGrounds.com. Any publicly made FEEDBACK or reviews of the GAME must include a note that this game is in an Early Access phase of development and that the GAME has not been officially released and therefore has not been fully optimized or remedied of bugs. You are solely responsible for all FEEDBACK you provide and you acknowledge that such FEEDBACK will not violate the intellectual property rights of any third party. Ownership. Smiteworks owns all right, title, and interest in and to (a) the ideas, concepts, brands, and products arising from the EARLY ACCESS, (b) the Game, (c) all related and underlying intellectual property including all trademarks, patents, and copyrights in the Game, and (d) all derivatives of the foregoing as defined by the Copyright Act (17 U.S.C. ยง101) and applicable case law. Additionally, all FEEDBACK submitted by you to Smiteworks is deemed a work-made-for hire as defined in the Copyright Act (17 U.S.C. ยง201) and is owned by Smiteworks. To the extent necessary, you hereby convey, transfer, and assign all rights in and to the same to Smiteworks and disclaim any and all proprietary and moral rights. You agree to execute documents and take further actions as requested by Smiteworks to assist in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting, or registering its rights. If you are unavailable, or fail to execute such documents when requested to do so for any reason, Smiteworks may execute the aforementioned documents as your attorney-in-fact, which appointment will be irrevocable for this sole purpose.
GAME COMMUNICATION AND MONITORING. Playing the Game may utilize an Internet connection to Smiteworks' servers. As part of playing the Game, you explicitly consent to Smiteworks' collection of your hardware system profile data, internet connection data, gameplay data, location data, and any other data related to the operation of the Game. Smiteworks may automatically deploy or provide patches, updates, and modifications to the Game that must be installed to continue to play the Game. Smiteworks may update the Game remotely including, without limitation, the Game client residing on your machine, with or without your knowledge. You hereby expressly grant to Smiteworks your consent to deploy and apply such patches, updates, and modifications to the Game.
DISCLAIMER; LIABILITY LIMITATIONS. THE GAME AND EARLY ACCESS ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, SMITEWORKS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FURTHER, SMITEWORKS DOES NOT WARRANT THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL WORK PROPERLY ON ALL DEVICES. SMITEWORKS WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE EARLY ACCESS, OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SMITEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL SMITEWORKS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED $10. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITIES OR WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS. This Agreement, the EARLY ACCESS, the Game, and your interactions with Smiteworks related thereto shall be governed by laws of the State of Florida, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Florida. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected. This Agreement constitutes the entire agreement between the parties related to the subject matter hereof and supersedes all prior oral and written negotiations, commitments, and understandings of the parties.
PLEASE READ THIS CONFIDENTIAL EARLY ACCESS AGREEMENT (THE "AGREEMENT") CAREFULLY AND IN ITS ENTIRETY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SMITEWORKS USA LLC ("SMITEWORKS") AND GOVERNS YOUR PARTICIPATION IN A CLOSED AND CONFIDENTIAL PRE-RELEASE PHASE (THE "EARLY ACCESS"). BY CLICKING "I ACCEPT," AND/OR PARTICIPATING IN THE EARLY ACCESS 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.
EARLY ACCESS. As part of your participation in the EARLY ACCESS, you may download, install, play, and otherwise access a pre-release version of Fantasy Grounds Unity (the "GAME"). Smiteworks grants you a limited, personal, nonassignable, nonexclusive, nontransferable license to use the Game solely for the purposes of the EARLY ACCESS, to provide Feedback and participate in forums. Use of the Game, forums, or any other materials provided to you as part of the EARLY ACCESS not expressly permitted under this Agreement is strictly prohibited.
FEEDBACK. As part of the EARLY ACCESS, you may provide Smiteworks with comments, feedback, thoughts, questions, ideas, and suggestions regarding the Game ("FEEDBACK"). This FEEDBACK may be through email communications or by posting to the playtest only section of the forums on FantasyGrounds.com. Any publicly made FEEDBACK or reviews of the GAME must include a note that this game is in an Early Access phase of development and that the GAME has not been officially released and therefore has not been fully optimized or remedied of bugs. You are solely responsible for all FEEDBACK you provide and you acknowledge that such FEEDBACK will not violate the intellectual property rights of any third party. Ownership. Smiteworks owns all right, title, and interest in and to (a) the ideas, concepts, brands, and products arising from the EARLY ACCESS, (b) the Game, (c) all related and underlying intellectual property including all trademarks, patents, and copyrights in the Game, and (d) all derivatives of the foregoing as defined by the Copyright Act (17 U.S.C. ยง101) and applicable case law. Additionally, all FEEDBACK submitted by you to Smiteworks is deemed a work-made-for hire as defined in the Copyright Act (17 U.S.C. ยง201) and is owned by Smiteworks. To the extent necessary, you hereby convey, transfer, and assign all rights in and to the same to Smiteworks and disclaim any and all proprietary and moral rights. You agree to execute documents and take further actions as requested by Smiteworks to assist in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting, or registering its rights. If you are unavailable, or fail to execute such documents when requested to do so for any reason, Smiteworks may execute the aforementioned documents as your attorney-in-fact, which appointment will be irrevocable for this sole purpose.
GAME COMMUNICATION AND MONITORING. Playing the Game may utilize an Internet connection to Smiteworks' servers. As part of playing the Game, you explicitly consent to Smiteworks' collection of your hardware system profile data, internet connection data, gameplay data, location data, and any other data related to the operation of the Game. Smiteworks may automatically deploy or provide patches, updates, and modifications to the Game that must be installed to continue to play the Game. Smiteworks may update the Game remotely including, without limitation, the Game client residing on your machine, with or without your knowledge. You hereby expressly grant to Smiteworks your consent to deploy and apply such patches, updates, and modifications to the Game.
DISCLAIMER; LIABILITY LIMITATIONS. THE GAME AND EARLY ACCESS ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, SMITEWORKS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FURTHER, SMITEWORKS DOES NOT WARRANT THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL WORK PROPERLY ON ALL DEVICES. SMITEWORKS WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE EARLY ACCESS, OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SMITEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL SMITEWORKS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED $10. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITIES OR WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS. This Agreement, the EARLY ACCESS, the Game, and your interactions with Smiteworks related thereto shall be governed by laws of the State of Florida, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Florida. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected. This Agreement constitutes the entire agreement between the parties related to the subject matter hereof and supersedes all prior oral and written negotiations, commitments, and understandings of the parties.