Devolve Online Inc.
Active Development AGREEMENT
This Active Development Agreement ("Agreement") is entered into between Devolve Online Inc. (“Company”), a corporation organized and existing under the laws of Alberta Canada, with its principal place of business at Sylvan Lake, and the individual or entity agreeing to the terms herein ("The Active Development User").
WHEREAS, Devolve Online Inc. is developing a video game titled "Devolve Online" ("Game"), and Devolve Online Inc. desires The Active Development User to participate in the testing of the Game during its Active Development phase.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Active Development Participation
1.1 The Active Development User agrees to participate in the Active Development of the Game as directed by Devolve Online Inc. The Active Development User understands that the Game is in development, and there may be bugs, errors, and incomplete features.
1.2 The Active Development User acknowledges and agrees that participation in the Active Development is voluntary, and there is no obligation on the part of The Active Development User to report issues or provide feedback.
2. Confidentiality
2.1 The Active Development User agrees to keep all information related to the Game, including but not limited to gameplay, design, code, graphics, and any other materials provided by Devolve Online Inc., confidential ("Confidential Information").
2.2 The Active Development User shall not disclose Confidential Information to any third party, including other The Active Development Users, without the express written consent of Devolve Online Inc.
3. Feedback and Intellectual Property
3.1 The Active Development User may provide feedback, suggestions, and reports related to the Game to Devolve Online Inc. ("Feedback"). The Active Development User acknowledges and agrees that all Feedback shall become the exclusive property of Devolve Online Inc.
3.2 The Active Development User agrees to assign and hereby assigns to Devolve Online Inc. all rights, title, and interest, including any intellectual property rights, in and to the Feedback.
4. Use of Game
4.1 The Active Development User is granted a limited, non-exclusive, revocable, and non-transferable license to use the Game solely for the purpose of Active Development during the term of this Agreement.
4.2 The Active Development User shall not reproduce, distribute, sell, or otherwise exploit the Game or any part thereof for any commercial purpose without the prior written consent of Devolve Online Inc.
5. Termination
5.1 This Agreement may be terminated by either party at any time, for any reason, or for no reason, upon written notice.
6. Release and Waiver
6.1 The Active Development User releases Devolve Online Inc. from any and all claims, liabilities, demands, actions, causes of action, costs, and expenses arising out of or in connection with The Active Development User's participation in the Active Development.
7. Governing Law and Jurisdiction
7.1 This Agreement and all disputes, claims and obligations (contractual and non-contractual) arising on the basis of or in connection therewith, their subject or conclusion are regulated by the law Alberta Canada. Unless otherwise envisaged by the legislation of the country in which the User resides, the Parties are subject to the jurisdiction of courts of Alberta Canada.
8. Entire Agreement
8.1 In connection with the End User License Agreement (EULA), this agreement represents the comprehensive understanding between the parties involved, overriding any prior agreements, understandings, or representations, whether communicated verbally or in writing.