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that accordingly, EA may, in its sole discretion, and without notice to you, (1
) modify or eliminate game-play features, game-play modes, game-play achievement
s; (2) modify, reset, or erase your game-play progress, game-play achievements,
characters, character data, and/or any other value or status indicators achieved
through game play; and/or (3) modify the hours during which you have access to
the Beta Materials during the Beta Program, at the next Beta phase (if applicabl
e), or upon expiration of the Beta Program.
(C). You acknowledge that, unless expressly authorized by EA in writing, any EA
In-Game Content you obtain during the Beta Program is (i) non-refundable, non-t
ransferable, non-tradable, and has no monetary value; (ii) cannot be saved to, t
ransferred to, or used in the next Beta phase (if applicable) or the commercial
version of the Game; (iii) will be removed from your Account before going into t
he next Beta phase (if applicable) or in connection with the commercial version
of the Game; and (iv) does not entitle you to any EA In-Game Content in the next
Beta phase (if applicable) or in the commercial version of the Game.
(D). You represent and warrant that you are eighteen (18) years of age or older
. If you are under 18 years of age, you may not participate in the Beta Program
without your guardians consent. You represent and warrant that you are not a prin
cipal, employee, agent, independent contractor, officer or director of a develop
er or publisher of video or computer games (other than EA). You further represe
nt and warrant that you are not a principal, employee, supplier, independent con
tractor, officer or director or of any entity that participates either directly
or indirectly in the sale of in-game items, including but not limited to, items,
attributes, abilities, etc., whether these sales are to the general public or t
o a third-party. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT PARTICIPATE IN TH
E BETA PROGRAM WITHOUT YOUR GUARDIANS CONSENT.
(E). You acknowledge that by participating in the Beta Program, and subject to
the terms and conditions of this Agreement, EA is providing you the Beta Materia
ls (which constitutes the sole and sufficient consideration for this Agreement),
and that EA has not made any other promises, whether express or implied, regard
ing any other form of consideration for your participation in the Beta Program.
You agree that no compensation will be owed to you for your participation in t
he Beta Program. You represent and warrant that you are entering into this Agree
ment on a completely voluntary basis with no expectation of any form of compensa
tion whatsoever other than what is expressly provided for in this Agreement.
(F). You agree that your participation in the Beta Program does not constitute
employment or an offer of employment between you and EA, that EA does not ask an
d/or require you to work a certain number of hours, shifts, etc. as part of your
participation in the program, and that your participation in the program is str
ictly voluntary and done solely for your personal enjoyment. Further EA expects
you only to use your leisure time to participate in this program, and does not e
xpect you to forego other activities, including gainful employment, during the t
ime you spend participating in this voluntary program.
(G). You agree that EA is not providing you with any hardware to run EAs softwar
e or connect to EAs servers.
(H). You agree that while the role you will play in helping EA develop better s
oftware is helpful, it does not constitute a critical or vital role in the devel
opment of the Beta Materials such as to entitle you to claims of ownership or ri
ghts to receive any other compensation of any kind for your participation.
4. License Grant
In the event that you receive the Beta Materials from EA, you are granted the re
vocable, limited right to install the Beta Materials onto a single computer for
the sole purpose of evaluating the Beta Materials as permitted under Section 7 b
elow as part of the Beta Program. You may not use, copy, modify, sell, lease, re
nt, distribute, transfer or disclose any part of the Beta Materials except as pr
ovided in this Agreement. All other rights are reserved to EA.
5. License Restrictions
You shall not:
a. Sublicense to, transfer, distribute or permit use of the Beta Materials by,
any third party;
gender, age ("Personal Information") and may collect them from you directly.
EA and its affiliates may collect and store non-personally identifiable data, su
ch as technical and related information that identifies your operating systems a
s well as information about your Beta Software usage (including but not limited
to unsuccessful installation, feature usage and gameplay statistics) and hardwar
e types. EA may use this information to improve our products and services and m
ay share anonymous data with third parties.
EA and its affiliates may also collect, use, store, process, transmit and public
ly display anonymous statistical data regarding game play (including scores, ran
kings and achievements) or identify content that is created and shared by you wi
th other players. Furthermore, you acknowledge and agree that your online commun
ications with other users or with EA via public chats, conferences, bulletin boa
rds, and any other public avenues of communication within the Game, Beta Softwar
e and/or this Beta Program are public and not private communications, and that y
ou have no expectation of privacy concerning such use of the Game and/or Beta So
ftware (including, any character data or communication referenced in Section 14.
3 below). You further acknowledge and agree that EA reserves the right to monito
r any such content and communications.
To facilitate Technical Protection Measures (if any), the provision of software
updates, any dynamically served content, anti-cheat measures, enforcement of EAs
policies, product support and other services to you, including marketing, advert
ising and online play (if any), you agree that EA and its affiliates may (1) ins
tall and/or run software on your computer or device; and (2) collect, use, store
and transmit technical and related information that identifies your computer (i
ncluding an Internet Protocol Address and hardware identification), account info
rmation, operating system and application software and peripheral hardware. EA a
nd its affiliates may also use this information in the aggregate, in a form whic
h does not personally identify you, to improve our products and services and we
may share anonymous data with our third party service providers.
All data is collected, used, stored and transmitted in accordance with EAs Privac
y & Cookie Policy located at http://privacy.ea.com. To the extent that anything
in this section conflicts with the terms of EAs Privacy & Cookie Policy, the term
s of the Privacy & Cookie Policy shall control.
EA strives to provide a safe and fair playing environment for all players of our
games. It is part of EAs contractual service to provide EAs Game without interfer
ence, if possible, of any cheating software tools. Accordingly, EA employs anticheating and fraud prevention utilities to help prevent behaviors that can other
wise negatively affect player experience.
This Agreement will terminate immediately if you attempt to circumvent any AntiCheat Technology used by EA in relation to the Game.
9. Term of the Agreement
The Beta Program, and the grant(s) of license(s) herein, may be terminated by EA
at any time, for any reason or for no reason, in EAs sole and absolute discretio
n, by providing written or emailed notice to you. In addition, EA in its sole d
iscretion may terminate your participation in the Beta Program without prior not
ice to you if you fail to comply with this Agreement. You may also, at any time
and for any reason or for no reason, terminate your participation in the Beta Pr
ogram by providing written or emailed notice to EA. The termination of your par
ticipation in the Beta Program however, shall not modify or supersede the surviv
al provision in Section 15.1 below. Upon termination of the Beta Program or you
r participation in it for any reason as provided herein, all license rights gran
ted hereunder shall terminate immediately.
10. Confidentiality
10.1 Confidential Information Defined
Confidential Information shall mean (a) any and all information relating to, conta
ined in or relayed through the Beta Materials and the Beta Program, including, w
ithout limitation, information relating to (i) the performance, capabilities and
contents of the Beta Materials, (ii) your Feedback, (iii) any other Beta Progra
m participants Feedback, (iv) any EA employees feedback and comments, and (b) any
and all information relating to the future or proposed Games, services or busine
ss operations of EA. Without limiting the generality of the foregoing, please r
eview ADDENDUM A and B below for a list of examples of Confidential Information.
The list in ADDENDUM A and B is not exhaustive and is provided for reference an
d example only.
10.2 Confidentiality Obligation
You shall keep the Confidential Information in confidence and shall not publish,
disclose, distribute, transmit, post or otherwise make available, directly or i
ndirectly, any Confidential Information to any third party except as otherwise e
xpressly set forth herein. You shall use best efforts to safeguard and to preve
nt unauthorized use or disclosure of the Confidential Information, unless otherw
ise expressly authorized in writing as provided in Section 10.3 below. Your obli
gation to keep the Beta Materials confidential will continue until EA publicly d
istributes, or has otherwise disclosed to the public through no fault of yours,
each of the Game product(s) and the content that you are reviewing.
It is understood and agreed to that at the request of EA, you shall return to EA
any and all copies of the Beta Materials, in any format, delivered to you for r
eview. The return of the Beta Materials shall not affect your Confidentiality O
bligation.
10.3 Permitted Disclosures
You may disclose the information that is specifically identified in Addendum A,
if any, on online message boards, forums or other similar venues in accordance w
ith the restrictions set forth in Addendum A, Addendum B, and this Agreement. Y
ou are not permitted to disclose information set forth in Addendum B. Said rest
rictions are to be applied no matter whether the venue is open to the general pu
blic or with access that is regulated and/or restricted. EA reserves the right t
o amend Addendum A or B from time to time upon written notice to you. Notwithst
anding anything contained herein to the contrary, you shall not make any false s
tatements to anyone about EA, its licensors, this Beta Program, other participan
ts in the Beta Program, or any EA products or services, including the Game and B
eta Software.
You may further disclose the Confidential Information in accordance with a judic
ial or governmental order; provided, however, that (a) you give EA prompt writte
n notice of such order so EA has opportunity to seek a protective order or other
appropriate remedy to such order, prior to disclosure and shall comply with any
applicable protective order or equivalent, (b) you provide EA with all reasonab
le assistance in opposing such required disclosure or seeking a protective order
or confidential treatment for all or part of such Confidential Information, and
(c) you disclose only such portion of the Confidential Information as is either
permitted by EA or required by the court, tribunal, governmental agency or othe
r authority, subject to any protective order or confidential treatment obtained
by EA.
11. Ownership
Except for the revocable, limited license(s) expressly granted hereunder, EA ret
ains all right, title and interest in and to the Beta Materials and all copies t
hereof, and all game character data in connection therewith. The Game and any o
ther Beta Materials provided hereunder are copyrighted and are protected by Unit
ed States copyright laws and international treaty provisions. You acknowledge t
hat EA and/or its licensors own all intellectual property rights in and to the B
eta Materials, including, without limitation, all patent rights, copyrights, inv
entions, trade secret rights, trade dress rights, trademark rights and intellect
ual property rights therein and thereto. You may not remove the copyright and o
ther proprietary rights notices from the Beta Materials. You agree that this Ag
reement shall be retained with all printed and electronic copies of the Beta Mat
erials and documentation constituting the Beta Materials. You agree not to copy
the Beta Materials and to prevent any unauthorized copying of the Beta Material
se in connection with the Beta Program, including but not limited to, chat, emai
l and message boards.
3. Any information/discussions/postings from the private boards or forum for th
e Beta Program.
4. Any comments/information that would allow people who are not currently part
of the Beta Program to get access to the Beta Program or Game through either leg
itimate or illegitimate means.
5. Any comments on any aspect of the Game or other Beta Materials not covered b
y Addendum A above.
ADDENDUM C
BETA PROGRAM CODE OF CONDUCT
You agree:
1. That you are privileged guests on this system and as guests, we expect you t
o exhibit common courtesy to all EA personnel as well as other members of the Be
ta Program. EA (we or us) will exhibit the same courtesy towards you.
2. You will be helping us shape the Game into a great product and we value your
comments/insights/etc. However, that is not a license to be rude, nasty, deman
ding or generally unreasonable to us or other Beta Participants. People may hav
e differing opinions about the game, and we ask that you respect those opinions.
3. We need your feedback. We appreciate your time and commitment in providing
us with your opinions we need them to make the program work!
4. When posting messages about the game in our private message boards or when s
ending email, please try to be as professional as possible. Repeat the facts as
accurately as you can and be constructive in both positive and negative feedbac
k. Saying things like This game sucks is not as helpful as pointing out specific
problems the developers can address. You will never be banned, punished, taken t
o task, etc. for speaking your mind in an open, honest and professional manner.
Honest, well thought-out criticism is as valuable to us as are suggestions or p
raise.
5. Before posting messages publicly about the game outside the EA boards, pleas
e be sure you are adhering to the confidentiality terms of this Agreement and th
e instructions in Addendum A and Addendum B above. Provided that you are expres
sly permitted to disclose the information as provided in Addendum A, we do not m
ind if you say things that are critical about the game, but remember that we sti
ll have a long way to go. We do not expect you to be our cheerleaders, but neit
her do we expect you to trash the game just for the sake of trashing it.
6. If requested by EA personnel to help review an aspect of the game, please co
operate. The sooner we work things out, the sooner the game goes LIVE.
7. Vulgar expressions, coarse language, abusive behavior, verbal harassment, or
other behavior not in keeping with the spirit of our games will not be tolerate
d either towards EA personnel or other beta participants. The use of such langu
age, whether or not you consider it in-character, is not acceptable, whether you
use it in casual and public speech, private links, contacts or even in a characte
rs name.
8. As a beta participant, we ask you to report all problems, errors or bugs in
the game to EA as soon as they are found. Secretly abusing bugs, undocumented feat
ures or other such things will not be tolerated, as these bugs can damage and del
ay the completion of this beta program.
9. You will not represent yourself as an officer or employee, sub-contractor or
as otherwise connected with EA, EAs Licensors or the Game.
10. You acknowledge and agree that your communications with other users, beta p
articipants or EA via chats, conferences, bulletin boards, and any other avenues
of communication within the Game or as part of this Beta Program are public and
not private communications, and that you have no expectation of privacy concern
ing your use of this Game and participation in this Beta Program. You acknowled
ge that personal information that you communicate within the Game or in connecti
on with this Beta Program may be seen and used by others and result in unsolicit
ed communications, therefore we strongly encourage you not to disclose any perso
nal information about yourself in your public communications within the Game or
the Beta Program. EA is not responsible for information that you choose to comm
unicate to other users within the Game or the Beta Program, or for the actions o
f other users.
11. In the event that a player has engaged in unacceptable behavior, EA will ta
ke appropriate steps to address the behavior. EA in its sole discretion, reserv
es the right to terminate the players access to the Beta Program and/or the Game
immediately and without further notice.
ADDENDUM D
THIRD PARTY CREDITS
For the Open Source WebKit Source code and related 3rd party licenses and credit
s used in this product, please visit http://gpl.ea.com/eawebkit.html