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  Click here to go to the first Rift Team post in this thread.   Thread: RIFT: Storm Legion Beta NDA

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    RIFT: Storm Legion Beta NDA

    TERMS OF USE, LICENSE AND NON-DISCLOSURE AGREEMENT

    (TESTING OF A PRE-RELEASE GAME)


    Trion Worlds, Inc. (“Trion”) has designed and developed, and is the publisher of a software product entitled RIFT: Storm Legion (the “Game”). Trion has established a pre-release test program (the “Beta Program”) to, among other things, allow a limited number of people to test the features, capabilities and performance of one or more pre-release version(s) of the Game (the “Beta Software”) and provide feedback and comments to Trion. By clicking the “Accept” button below:

    1. You promise that you are eighteen (18) years of age or older, and are not a principal or employee of a developer, manufacturer or publisher of video or computer games (other than Trion), and are entering into this Agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation whatsoever other than that which is expressly provided for in this Agreement (IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, YOU MAY NOT PARTICIPATE IN THE BETA PROGRAM);

    2. You acknowledge that Trion, in its discretion and at any time before or during the Beta Program, may accept or reject your application for the Beta Program or terminate your participation therein, and, if you are accepted, the Agreement below is a binding contract between you and Trion;

    3. You acknowledge that your application shall not be complete, nor shall you be considered for entry into the Beta Program, unless and until you provide Trion with certain DirectX diagnostic and other related information from your computer as part of this application process;

    4. You acknowledge that Trion, in its discretion, may charge a fee for the Beta Software and/or participation in the Beta Program, and your participation in the Beta Program is contingent upon your payment of such fee(s);

    5. Trion, in its sole discretion, may reschedule the start or end date of the Beta Program at any time;

    6. You agree, grant Trion the right, and consent, for the term of your participation in the Beta Program, to allow Trion to upload certain DxDiag DirectX diagnostic information, hardware, software, driver, operating system and related information, including game logs and crash dump files, from your computer solely for the purpose of analyzing, improving and maintaining the Game; and

    7. You agree to all of the terms of this Agreement as set forth below.

    AGREEMENT

    1. License Terms.

    1.1 License Grant. Trion grants you (the “Recipient”) the non-exclusive, non-transferable, revocable, limited right and license to install the Beta Software on a single computer for Recipient’s personal use. Recipient may not use, copy, reproduce, modify, publish, transmit, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Beta Software (including, without limitation, any screenshots, videos, documentation or manuals relating to the Game) except as provided in this Agreement. Recipient may only use the Beta Software for testing and evaluation purposes as set forth in Section 1.4 below. All other rights are reserved to Trion.

    1.2 License Restrictions. Recipient shall not:
    1. Sublicense to, transfer, network, transmit, distribute or permit use of the Beta Software by, any third party;
    2. Reverse engineer, decompile, or disassemble the Beta Software;
    3. Make copies of the Beta Software other than one (1) copy for back-up purposes to be used solely as a replacement for the original copy, provided that Recipient includes on the back-up copy all copyright and other notices that are included on the Beta Software and Recipient’s use of such back-up copy shall be subject to this Agreement; and
    4. Export the Beta Software in violation of the export control and similar laws and regulations of the United States of America and other countries.
    1.3 Indemnification. Recipient (i) agrees to indemnify, defend and hold harmless, and (ii) hereby releases Trion, its licensors and their affiliated entities, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with Recipient’s use of the Beta Software and all other services or activities related thereto.

    1.4 Testing and Evaluation Obligations. Recipient hereby agrees to perform all of the following obligations:
    1. to test, evaluate and analyze the Beta Software and its operation, features and capabilities, and performance,
    2. to comply with the reasonable requests of Trion from time to time regarding testing; and
    3. to provide feedback and comments to Trion (including, but not limited to, bug reports and test results).
      All of Recipient’s feedback and comments shall be the sole and exclusive property of Trion and/or its licensors, and Trion and/or its licensors shall have the perpetual right to use all or part of Recipient’s feedback or comments in any manner or media now known or hereafter devised.
    1.5 Personally Identifiable Information; Monitoring; Privacy Issues. Recipient shall be required to provide to Trion, or allow Trion to upload on an ongoing basis, as a condition to participation in the Beta Program, certain personally identifiable information, including, but not limited to, certain specifications of Recipient’s hardware, DxDiag DirectX diagnostic information, video cards, drivers, operating system, game logs, crash dump files, and software (“Personal Information”) and Recipient hereby specifically grants Trion the right to upload such Personal Information from Recipient’s computer system during his or her participation in the Beta Program, solely for the purpose of evaluating, analyzing, maintaining and improving the Game. Trion’s retention and use of all Personal Information shall be subject to Trion’s posted privacy policy (http://www.trionworlds.com/en/legal/privacy-policy), as that policy may be modified by Trion in its discretion from time to time. Recipient acknowledges that any and all Beta Software character data is stored and is resident on Trion’s servers, and any and all communications that he or she makes within the Beta Software, the Game or as part of the Beta Program (including, but not limited to, messages solely directed at another player or players) traverse through Trion’s servers, may or may not be monitored by Trion personnel and, accordingly, Recipient has no expectation of privacy in any such communication or in any communication referenced herein. Recipient acknowledges and agrees that Trion may transfer and process Game, Beta Program and such other information (including your personally identifiable information and personal data) to the United States or other countries and may share such information with our licensees and agents in connection with the Beta Program, the Beta Software and the Game.

    1.6 Term. Recipient’s participation in the Beta Program, and the grant of license herein, may be terminated by Trion at any time, for any reason or for no reason, in Trion’s sole and absolute discretion, by providing written, electronic or e-mailed notice to Recipient. Recipient may, at any time and for any reason or for no reason, terminate his or her participation in the Beta Program by providing written or e-mailed notice to Trion. The Beta Program will be terminated upon the earlier of (a) Trion’s written, electronic or e-mailed notice to Recipient or (b) the commercial release of the Game. The termination of Recipient’s participation in the Beta Program and/or the termination of the Beta Program, however, shall not modify or supersede the survival provision in Section 6.1 below.

  2.   Click here to go to the next Rift Team post in this thread.   #2
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    2. Confidentiality.

    2.1 Confidential Information Defined. “Confidential Information” shall mean (a) any and all information relating to or contained in the Beta Software, Beta Program and/or the Game, including, without limitation, information relating to: (i) the performance, capabilities, bugs and contents of the Beta Software, (ii) Recipient’s feedback and comments, (iii) any other Beta Program participant’s feedback and comments, and (iv) any Trion employee’s feedback and comments; (b) the existence and terms of this Agreement; and (c) any and all information relating to the future or proposed games, services or business operations of Trion. Confidential Information includes, without limitation, all such information disclosed to Recipient prior to the effective date of this Agreement. Recipient acknowledges and agrees that the Confidential information constitutes valuable trade secrets of Trion.

    2.2 Confidentiality Obligation. Recipient shall keep the Confidential Information in confidence and shall not publish, disclose, or otherwise make available, directly or indirectly, any Confidential Information to any third party. However, Recipient may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that Recipient shall give Trion reasonable written notice prior to disclosure and shall comply with any applicable protective order or equivalent. ONCE THE COMMERCIAL VERSION OF THE GAME HAS BEEN RELEASED BY TRION TO THE PUBLIC, RECIPIENT’S CONFIDENTIALITY OBLIGATION SHALL CONTINUE ONLY WITH RESPECT TO INFORMATION CONCERNING THIS BETA PROGRAM AND ALL FEEDBACK AND COMMENTS (WHETHER FROM RECIPIENT, ANY OTHER PARTICIPANT, OR FROM TRION EMPLOYEES).

    3. Ownership. Except for the revocable, limited license expressly granted hereunder, Trion retains all right, title and interests in and to the Beta Software and all copies thereof, and all game data in connection therewith. The Beta Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Recipient acknowledges that the Beta Software contains valuable trade secrets of Trion, and that Trion and/or its licensors own all intellectual property rights in and to the Beta Software, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. Recipient may not remove the copyright and other proprietary rights notices from the Beta Software. Recipient agrees that this Agreement shall be retained with all printed and electronic copies of the Beta Software and documentation constituting the Beta Software. Recipient agrees to prevent any unauthorized copying or distribution of the Beta Software. Except for the license as expressly provided herein, Trion does not grant Recipient any express or implied right in any patents, copyrights, trademarks, or trade secret information of Trion and/or its licensors. In accordance with Section 1.4, Recipient agrees that Trion and/or its licensors own all rights, title and interests in any and all of Recipient’s feedback and comments, without any remuneration, compensation or credit to Recipient. To the extent that any of the right assigned herein cannot presently be assigned under applicable law, Recipient agrees to assign such rights at such time as the rights are capable of being assigned, and, until such time, grants to Trion an irrevocable, exclusive, perpetual, royalty free, fully paid license, throughout the universe, to such nontransferable rights including, but not limited to, the unfettered right to modify, copy, distribute, perform, display, synchronize, compose, record and commercialize any and all of such feedback and comments. At Trion’s request, Recipient agrees to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce Trion’s and/or its licensors’ ownership of any of the rights, title and/or interests hereunder, in whole or in part including, without limitation, execution of a copyright assignment in a form provided by Trion in its sole discretion. If Recipient fails or refuses to execute any such documents, Recipient hereby appoints Trion as Recipient’s attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on Recipient’s behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by Recipient hereunder are granted for the entire universe and shall inure in perpetuity and, as set forth above, no further consideration shall be payable to Recipient at any time in connection therewith. Recipient will acquire no right to use, and will not use without Trion’s prior, written consent, the names, characters, artwork, design, tradenames, copyrighted materials, trademarks or service marks of Trion or its affiliated entities, and its and their officers, employees, directors, shareholders, assigns, successors or licensees: (a) in any advertising, publicity or promotion; or (b) in any manner other than in accordance with this Agreement.

    4. Injunctive Relief. Recipient acknowledges and agrees that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that Trion shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain Recipient from such breach or threatened breach. Nothing in this Section 4 shall be construed as preventing Trion from pursuing any and all remedies available to it, including the recovery of money damages from Recipient.

    5. No Warranty; No Liability for Damages; No Support; Character Data.

    5.1 No Warranty. Recipient acknowledges that the Beta Software is a pre-release version and is not a final game. RECIPIENT ACKNOWLEDGES THAT THE BETA SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS. THE BETA SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE BETA SOFTWARE, THE GAME AND ALL OTHER SERVICES IS WITH RECIPIENT. SHOULD SUCH ASSETS PROVE DEFECTIVE FOLLOWING THEIR RECEIPT BY RECIPIENT, RECIPIENT AND NOT TRION ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Without limiting the foregoing, Trion does not ensure continuous, error-free, secure or virus-free operation of the CD-ROM or DVD-ROM, as applicable, the Beta Software, the Game, Recipient’s account or continued operation or availability of any given server. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability described herein may not apply to some Recipients. This warranty gives the Recipient specific legal rights and the Recipient may also have other legal rights which vary from jurisdiction to jurisdiction.

    5.2 No Liability for Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRION, ITS AFFILIATED ENTITIES OR ITS OR THEIR EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, ARISING OUT OF OR RELATING TO THIS AGREEMENT IS TO STOP USING THE GAME AND/OR BETA SOFTWARE, AND TO CANCEL YOUR ACCOUNT. IN NO EVENT SHALL TRION, ITS AFFILIATED ENTITIES OR ITS OR THEIR EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF RECIPIENT’S USE OF OR INABILITY TO USE THE BETA SOFTWARE, EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the generality of the foregoing, no warranty is made that the Beta Software will generate computer programs with the characteristics or specifications desired by Recipient or that the Beta Software will be error-free. THESE DISCLAIMERS OF WARRANTY AND LIMITATIONS DESCRIBED IN THIS SECTION 5 CONSTITUE AN ESSENTIAL PART OF THIS AGREEMENT.

    5.3 No Support. Trion does not provide any support for the Beta Software, however, Trion may provide an e-mail address or a password-protected board or forum for Recipient to send any questions and/or comments regarding the Beta Software. Trion does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to Recipient’s e-mail(s) and/or board or forum posting(s).

    5.4 Test Environment. Recipient acknowledges that the Beta Program is a test environment, that game characters, virtual currency and/or virtual goods, and/or character data will be frequently wiped or modified at Trion’s sole discretion, and that, notwithstanding any fee that Recipient may be charged for participation in the Beta Program, Beta Program game characters, character data, virtual currency and/or virtual goods may not be exported into the Game once the game is commercially released. You agree that, to the extent permitted by applicable law, Trion is not liable for any loss of data, content, function or utility.

  3.   This is the last Rift Team post in this thread.   #3
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    6. Virtual Currency and Virtual Goods. The Beta Software and/or Beta Program may allow you to accumulate virtual, in-game currency ("Virtual Currency"). You may also be able to purchase Virtual Currency with "real world" money. You may have the opportunity to use Virtual Currency to license a variety of virtual, in-game digital items ("Virtual Goods").

    6.1 Except for a limited, revocable, non-transferable license to use the Virtual Currency and/or Virtual Goods in the Game and/or Beta Software, you have no ownership right in or title to such Virtual Currency and/or Virtual Goods. Virtual Goods licensed with Virtual Currency will be available for use as soon as reasonably practicable. Trion makes no guarantee as to the nature, quality or value of the features of the Game, Beta Software and/or Beta Program that will be accessible through the use of the Virtual Currency and/or Virtual Goods.

    6.2 You are solely responsible for verifying that the proper amount of Virtual Currency and/or Virtual Goods has been added to or deducted from your Account during any given transaction. Please notify Trion immediately if you believe that a mistake has been made with respect to your Virtual Currency and/or Virtual Goods.

    6.3 Buying, selling and/or otherwise transferring Virtual Currency and/or Virtual Goods outside of the Game, Beta Software and/or Beta Program is strictly prohibited. Virtual Currency and/or Virtual Goods may have an expiration date. YOU ACKNOWLEDGE AND AGREE THAT THE VIRTUAL CURRENCY AND/OR VIRTUAL GOODS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR MONEY, GOODS, OR OTHER ITEMS OF MONETARY VALUE. NO REFUNDS WILL BE MADE FOR THE PURCHASE OF VIRTUAL CURRENCY AND/OR VIRTUAL GOODS. YOU AGREE THAT TRION IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR VIRTUAL CURRENCY AND/OR VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. No refunds will be made for purchases of Virtual Goods that are downloadable. Downloaded products or product registration codes purchased to activate or unlock downloaded software (including any Game(s)) are non-refundable at any time.

    6.4 As Trion deems necessary, in its sole and absolute discretion, Trion may limit the total amount of Virtual Currency and/or Virtual Goods that may be purchased at any one time, and/or limit the total amount of Virtual Currency and/or Virtual Goods that may be held in your Account in the aggregate.

    6.5 While Trion will endeavor to transfer any Virtual Currency and/or Virtual Goods you accumulate during the Beta Program to your Account in the commercial version of the Game, Trion makes no such guarantee. Notwithstanding the foregoing, Trion has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods, both in the Beta Program and in the commercial version of the Game, as it sees fit in its sole discretion, and Trion shall have no liability to you or anyone for the exercise of such rights. Accordingly, price and availability of Virtual Currency and/or Virtual Goods are subject to change without notice.

    6.6 In the event that your account is terminated or suspended for any reason, in Trion’s sole and absolute discretion, or if Trion discontinues offering the Game, Beta Software and/or Beta Program, you forfeit any and all Virtual Currency and/or Virtual Goods. Trion has no liability for "hacking" or loss of your Virtual Currency or Virtual Goods from your Account, provided Trion uses reasonable efforts to replace such items under certain circumstances in its reasonable discretion. You promise, therefore, that you will never assert or bring any claim or suit against Trion and its affiliates, directors, officers, employees, agents and representatives, which is related to or based on (i) "value" of Virtual Currency and/or Virtual Goods if Trion deletes them (and/or terminates your Trion Account(s)), (ii) a claim for the "value" of Virtual Currency and/or Virtual Goods that you may lose if Trion does anything that it is entitled to do pursuant to any provision of this Agreement, its Terms of Use, Privacy Policy and/or Code of Conduct, or for any malfunctions and/or "bugs" in the Game, Beta Software and/or Beta Program, and/or (iii) a claim that the "value" of any Virtual Currency and/or Virtual Goods has increased or decreased by virtue of any game modification that Trion has made or will make.

    7. Miscellaneous.

    7.1 Survival. The provisions of this Agreement, other than the first sentence of Section 1.1 and Sections 1.4(a), 1.4(b) and 1.4(c), shall continue in full force and effect even after (i) the Beta Program has been terminated and/or completed, and/or (ii) Recipient’s participation in the Beta Program has been terminated.

    7.2 Governing Law; Jurisdiction. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California excluding conflict of law rules and principles. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in the County of San Mateo, State of California (if under state law) or the Northern District of California (if under federal law) and such courts shall have the exclusive jurisdiction to determine the validity, construction and performance of this Agreement and the legal relations between the parties hereto. Recipient hereby waives any claim that such venue is improper or inconvenient.

    7.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall 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 thereby.

    7.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Changes made by Recipient to this Agreement will not be effective unless set forth in a writing describing the change and agreed to and signed by both Trion and Recipient. Trion reserves the right to change the terms of this Agreement at any time upon notice to Recipient by e-mail or by electronic posting of such changes at the time Recipient logs in to the Game. Such changes by Trion shall be effective upon notice to Recipient and Recipient’s continued participation in the Beta Program after notice of a change in terms by Trion shall constitute Recipient’s acknowledgement of, and agreement to, be bound by such changes.
    2012 Trion Worlds, Inc. Trion, Trion Worlds, RIFT, Rift: Planes of Telara, Telara, Storm Legion, and their respective logos, are trademarks or registered trademarks of Trion Worlds, Inc. in the U.S. and other countries. All other trademarks and logos belong to their respective owners. All rights reserved.

  4. #4
    Senior Member Xillean's Avatar
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    I ACCEPT O mighty bacon Lord of the Bacon!

  5. #5
    Senior Member Elijah's Avatar
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    have read and accept it in my account but yes i accept it again

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