SUNDOG RESURRECTION
Beta Release System

Congratulations! You are about to take part in the Sundog Resurrection Project's Beta Release.

Before you begin, please read the following Non-Disclosure Agreement, which essentially states that should you take part in the Beta, you must not discuss the Beta or distribute copies of the Beta to anyone. The simple reason is that the Beta is not a final product, and bugs and inferior user experiences are expected to occur, and releasing or discussing the Beta might have inaccurate, detrimental effects on the Project.

If you agree to the terms below, click "I Accept" at the bottom of the page and you will be taken to the next page that gives download and Beta Tester account information. You may want to print this page for your records, because it's a really awesome legal document that would look fantastic in a gold frame on your living room wall!
 

Sundog Resurrection Project
Beta Testing
Non Disclosure Agreement

This Non Disclosure Agreement (the "Agreement") is entered into by you, the e-signature undersigned, being a selected member of the Sundog Resurrection Project’s Beta Testing Team ("Receiving Party") and The Sundog Resurrection Project, whose attorney’s address is The Law Office of Jake W. LaForet, PO Box 131, Spinnerstown, PA, USA 18968, ("Disclosing Party") for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information") to prevent the spoilage of the game experience for the general public, restrict information, news and updates regarding the Project to official Project channels, and to preserve the game’s value, mystique, and intrigue which is crucial to a computer game of this nature.

1.   Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material pertaining to the Sundog Resurrection Project Beta Release (“Beta”) in which Disclosing Party has knowledge or possession of, including but not limited to software files, document files, knowledge of Beta game plot elements, design, graphic art, code, and tips and tricks learned while testing the Beta.

2.   Use of Confidential Information.  The Confidential Information shall only be used by the Receiving Party for the purposes of testing the Beta version of the Sundog Resurrection Project game, and to report bugs, suggestions, and other issues to the development team.

3.   Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; or (b) is disclosed by Receiving Party with Disclosing Party's prior written approval.

4.   Obligations of Receiving Party. The Receiving Party shall:
            (A) hold and maintain the Confidential Information, preventing the same from accidental or intentional disclosure or replication to or by any non-Beta testing team members;

            (B) shall carefully restrict and prevent access to Confidential Information to non-Beta testing team members;

            (C) shall not discuss the Confidential Information, or publish, or allow to be published in a blog, news article, journal, newspaper, or other news outlet, regardless of mode (print, audio, video), any information pertaining to the Beta. All interactions with the press or other third parties shall be exclusively performed by the Disclosing Party.

            (D) shall never upload the Confidential Information to the internet, or cause by action or inaction, with direct or indirect methods, the Confidential Information to be uploaded to the internet.

5.  Breach and Remedies; Costs and Attorney Fees. Both parties acknowledge that the Confidential Information to be disclosed hereunder is of a unique and valuable character, and that the unauthorized dissemination of the Confidential Information would destroy or diminish the value of such information. The damages to Disclosing Party that would result from the unauthorized dissemination of the Confidential Information would be impossible to calculate.

Therefore, both parties hereby agree that the Disclosing Party shall be entitled to injunctive relief preventing the dissemination of any Confidential Information in violation of the terms hereof. Such injunctive relief shall be in addition to any other remedies available hereunder, whether at law or in equity.

Disclosing Party shall be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in obtaining any such relief. Further, in the event of litigation relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and expenses.

6.   Time Periods. The nondisclosure provisions of this Agreement shall survive both the termination of this Agreement and the release of the game to the public, and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until April 30, 2018, or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.

7.   Relationships; Credits; Obligations. Nothing contained in this Agreement shall be deemed to constitute either party, partner, joint venturer or employee of the other party for any purpose. Any work performed as an Beta tester by the Receiving Party is purely voluntary and for the Receiving Party’s personal pleasure. As such, the Recieving Party is not entitled to named credits in the game or in printed material.  Neither party holds an obligation to the other outside of the terms of this Agreement.

8.   Severability; Forum of Law Exclusive to Pennsylvania. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.  

The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, applicable to contracts made and to be wholly performed within such Commonwealth, without giving effect to any conflict of laws provisions thereof.

The state courts located in the County of Bucks, Commonwealth of Pennsylvania shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement. Any other court in another state, commonwealth, or nation where an action pursuant to this Agreement is filed shall transfer said case to the state courts located in the County of Bucks, Commonwealth of Pennsylvania.

9.   Integration; Headings. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.

Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

10.   Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.


BY (1) CLICKING “I ACCEPT,” AND THEN (2) DOWNLOADING THE BETA VERSION, YOU EXPRESSLY ACCEPT THE TERMS OF THIS AGREEMENT AND AGREE TO BE FULLY BOUND UNDER LAW.  

FURTHER, THE VOLUNTARY ACTION OF CLICKING “I ACCEPT” SHALL CONSTITUTE A VALID AND BINDING ELECTRONIC SIGNATURE, BEARING THE SAME EFFECT AS EXECUTING THE AGREEMENT BY YOUR WRITTEN SIGNATURE.

IF YOU DO NOT AGREE TO THESE TERMS AND DO NOT WISH TO BE BOUND TO THEM, CLICK "I DECLINE."

I ACCEPT
AND
e-SIGN THE AGREEMENT
I DECLINE
AND SHALL NOT TAKE PART
IN THE BETA TESTING