Thank you for agreeing to participate in a beta test to (a) play a new, unreleased and announced sports video game, which is still being developed (“Game”), and (b) engage in discussions and/or providing feedback regarding your experiences playing the Game (collectively, “Beta Test”). The Game itself, and the ideas and concepts regarding its future development, marketing, discussions, and your feedback are the confidential information of Bit Fry Game Studios, Inc. (“Bit Fry”).
By signing below and playing the Game, I agree to maintain the confidentiality of the information Bit Fry discloses to me and the information I observe while playing the Game and otherwise participating in the Beta Test. In addition, I agree to all of the following:
a) To hold in strict confidence any and all information about Bit Fry’s products, games and services which is disclosed, or made available to me directly or indirectly, or information I otherwise receive in connection with my participation in the Beta Test;
b) That any ideas, feedback, suggestions, comments, improvements, ideas, enhancement requests or feedback provided by me with respect to or relating to the Game, may be used by Bit Fry and/or anyone working with Bit Fry in any manner without compensation or attribution to me, and in connection therewith, I grant Bit Fry a perpetual, irrevocable, assignable, sublicensable, transferable, fully paid-up, unrestricted right and license to use any or all of the foregoing.
c) I shall at all times hold in trust, keep confidential and not disclose to any third party or make any use of the confidential information beyond those activities that are part of the Beta Test.
d) I give my permission to Bit Fry to photograph, film, tape, and otherwise visually, audiovisually and/or by audio means record me and/or my voice by any method whatsoever while participating in the Beta Test, and acknowledge that no compensation will be paid to me for use of my images or voice. I understand that the foregoing recordings may be used by Bit Fry and/or anyone working with Bit Fry for research, promotional, and/or advertising purposes, also without compensation.
e) I release Bit Fry and anyone working with Bit Fry from, and agree not to sue or bring any proceeding against any of the foregoing for any claim, demand, suit or action whatsoever that I may now or hereafter have in connection with the Beta Test and/or the exploitation of any of the rights I have granted herein.
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