VIDEO GAME PLAYTEST AGREEMENT

PLEASE READ THIS AGREEMENT BEFORE INSTALLING AND/OR RUNNING THE GAME. BY INSTALLING AND/OR OPERATING THE GAME YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT.

This Video Game Playtest Agreement (this “Agreement”) is between you (“Tester”, “You”, and “Your”), and HakJak Studios LLC, a Washington state limited liability company (“Company”) for by which you agree to participate in testing prototype video game(s) (the “Test”) developed by Company (the “Game(s)”). Any violation of this Agreement will result in the immediate termination of your Testing License to use the Game and your participation in the Game Test. This Agreement applies only to your participation in the test of the Game, not your use or access of any other good or service provided by Company.

(1) ELIGIBILITY

(i) You must be at least 13 years of age to Test the Game. If you are between 13 and 18 years of age, you and your parent or legal guardian must review and agree to this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when participating in the Test.

(ii) We believe in protecting children’s privacy online and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA) and similar laws around the world. If you are under 13 years of age, you are not eligible to Test the Game for us without the written consent of your parent or legal guardian. Before you may participate in this Test, your parent or legal guardian must consent to your participation by either sending us a letter at 11093 W Red Hawk Dr, Nampa, ID, 83686, or emailing us at hello@hakjak.com. If we later learn that we have inadvertently gathered information from a child under the age of 13, regardless of where that child resides, we will permanently delete this information from our records as quickly as possible.

(iii) You certify that (a) you are not an employee or affiliated with an organization offering a competing product to the Game, (b) you are not involved in the testing, marketing, development or production of any competing product and (c) you are not affiliated with or acting for the benefit of anyone who is involved in such activities. IF YOU HAVE A CONFLICT OF INTEREST, YOU MAY NOT PARTICIPATE IN THE TEST OR DOWNLOAD OR USE THE GAME.

(2) TESTING PERIOD

(i) The Test you are participating in has a start and end date (the “Testing Period”), which is announced on the Company website (HakJak.com) for each event. Company may end the Testing Period early in its sole discretion.

(ii) Your participation in the Test is entirely voluntary. Company has not and will not request or require that you dedicate a minimum number of hours to testing the Game. You may start and stop participating in the Test at any time during the Testing Period.

(iii) You agree to uninstall and delete all copies of the Game at the end of the Testing Period or at the request of Company, whichever occurs first.

(3) YOUR OBLIGATIONS AS A TESTER

In consideration for being provided a free test copy of the Game and the opportunity to participate in the Test, you agree to fulfill the following testing obligations (the “Test Obligations”):

(i) You agree to test, evaluate, and analyze the Game and specific aspects of it as directed by Company, which may include, but is not limited to the Game’s operations, features, functions, capabilities, performance, documentation, and installation, and you agree to comply with all reasonable requests made by Company regarding such testing, evaluation, and analysis.

(ii) The purpose of your participation in the Test is to provide feedback, analysis, suggestions, bug reports, error reports, defect reports, and comments to Company (collectively, “Feedback”). Company may require you to use a bug tracking program or procedure and you agree to comply with any such request.

(4) TESTING LICENSE

(i) Company grants you a limited, revocable, royalty free, non-transferrable, non-sublicensable, non-exclusive license to install and use the Game solely so that you may participate in the Test (the “Testing License”). You may not transfer, copy, rent, lease, or otherwise distribute the Game. All commercial uses of the Game are strictly prohibited.

(ii) The Testing License will automatically terminate at the end of the Testing Period.

(iii) Company reserves the right to revoke the Testing License at any time, and for any or no reason.

(iv) Upon the termination, expiration, or revocation of the Testing License, you may no longer use the Game or participate in the Test.

(5) ACCOUNT

You may be required to create an account to use the Game and participate in the Test. You agree that you do not have any ownership or property interest in any such account, or in any content accessible by you as part of the Game.

(6) LIMITATIONS AND RESTRICTIONS

In addition to the other obligations set forth in this Agreement:

(i) You agree to not disclose the results of any study, review, or benchmark tests of the Game to any third party without Company’s prior written approval.

(ii) You agree to not circumvent any technical limitations or any copying or usage restriction mechanisms in the Game.

(iii) You agree to not reverse engineer, disassemble, de-encrypt, decompile, or otherwise derive the design, logic, or structure of any prototypes, software, or other tangible or intangible objects which embody the Game.

(iv) You agree to not prepare derivative works of the Game, or participate in development, manufacturing, marketing, and maintenance of the Game without Company’s prior written consent.

(7) CONSIDERATION

The Testing License is your sole and complete consideration for your obligations under this Agreement. Company will not pay you for your participation in the Test or your Feedback, and you acknowledge that Company has not made any other promises, whether express or implied, regarding any other form of consideration for your participation in the Test. Your participation in the Test does not grant you a right to a license to use the Game at any time after the conclusion of the Test Period.

(8) CODE OF CONDUCT

Company wants you and other users to have a great experience when testing the Game. When playing the Game and communicating with Company and other Test participants on platforms provided or controlled by Company, you agree to comply with the following code of conduct:

(i) You agree to exhibit common courtesy to all Company personnel and other users. Do not behave in any way that is threatening, intimidating, lewd, demeaning, derogatory, invasive of privacy, or abusive. Company has a zero-tolerance policy towards bullying, hate speech, sexual harassment, or making demeaning or threatening statements toward any person or group.

(ii) You agree that vulgar expressions, language, abusive behavior, and verbal harassment of Company personnel and other users will not be tolerated and are grounds for the immediate revocation of the Testing License.

(iii) You acknowledge that personal information that you communicate within the Game or in connection with the test or its reporting features may be seen and used by others and result in unsolicited communications. Company strongly advises you to not disclose any personal information about yourself in your public communications within the Game or any Game test environment.

(iv) You acknowledge that Company is not responsible for information that you choose to communicate to other users within the Game or the Game test, or for the actions of other users.

(v) You agree that all communications with other Game testers or with Company during the Testing Period are public communications, and you have no expectation of privacy in such communications which means that Company has the right to monitor any such communications.

(vi) You agree not to share your personal information or your account information with anyone and do not attempt to gain access to someone else's personal information. Company will never ask you for passwords to your accounts and you should never give them out.

(9) CONFIDENTIAL INFORMATION

(i) As part of your participation in the Test, Company may reveal Confidential Information to you regarding the Game and Company’s business, operations, and product plans (collectively, “Confidential Information”). You agree to only use Confidential Information for the purpose of participating in the Test and evaluating the Game. Further, you agree to:

(a) Take reasonable steps to prevent the disclosure of any Confidential Information.

(b) Not disclose, publish, or publicly disseminate any Confidential Information.

(c) Not copy or reproduce any Confidential Information.

(d) Not reverse engineer, disassemble, de-encrypt, decompile, or otherwise derive the design, logic, or structure of any prototypes, software, or other tangible or intangible objects which embody any Confidential Information.

(e) Promptly notify Company of any misuse or misappropriation of any Confidential Information.

(ii) Nothing in this Agreement is intended to prevent you from complying with a lawful order. However, if you are required to disclose any Confidential Information by legal order or request, you agree to promptly notify Company prior to making the disclosure so that the Company may seek an appropriate protective measure and you agree to provide reasonable assistance to Company in obtaining such protective measure(s). If the Company does not obtain a protective measure or grants a waiver, then you may disclose that portion (and only that portion) of the Confidential Information that Company’s counsel determines Company is required to disclose. After such disclosure, you agree to take all reasonable efforts to obtain reliable assurance that confidential treatment will be accorded the disclosed Confidential Information.

(iii) You acknowledge and agree that unauthorized disclosure or use of any Confidential Information could cause Company irreparable harm and significant injury that may be difficult to ascertain and for which Company would not have an adequate remedy of monetary damages, and that accordingly, Company will be entitled to seek injunctive relief to curtail such disclosure or use.

(iv) The nondisclosure and confidentiality provisions of this Agreement shall survive the termination of this Agreement and the duty to hold such information in confidence shall remain in effect for five (5) years, or if the Confidential Information is a trade secret, until the Confidential Information no longer qualifies as a trade secret, whichever is longer.

(10) INTELLECTUAL PROPERTY RIGHTS

(i) All Feedback is entirely voluntary, and Company will be free to use such Feedback as it sees fit and without any obligation to you. All Feedback is the sole and exclusive property of Company. You hereby assign all your rights, title and interest in Feedback, including all intellectual property rights related thereto to Company. Under no circumstances will Company be liable for any payment to you for any Feedback you provide.

(ii) The Game is protected by copyright, trademark, and other laws of the United States and other countries. Nothing in this Agreement gives you the right to use Company’s name, the Game name, or any of Company’s trademarks, logos, or other distinctive brand features.

(iii) This Agreement does not convey to you any ownership right in or to the Game or any of Company’s copyrights, trademarks, or other intellectual property.

(11) PRIVACY

(i) You may be required to provide Company, as a condition of participating in the Test, certain personally identifiable information such as your name, date of birth, contact information, computer hardware specifications and computer software specifications (collectively, "Personal Information"). Company will not sell or otherwise disseminate your Personal Information without your prior consent.

(ii) The Game may contain an automatic update, automated reporting, or other features that periodically report to Company regarding your use of the Game, your configuration settings, and any errors you encounter during the Test. This functionality may continue to function after the end of the Testing Period but can be disabled by uninstalling the Game. As a participant in the Test, you acknowledge and agree to this automated reporting by Company.

(iii) See Company’s Privacy Policy for more information (https://www.hakjak.com/privacy-policy).

(12) YOUR RELATIONSHIP TO COMPANY

(i) Nothing in this Agreement is intended to constitute or create an express or implied partnership, joint venture, employee, contractor, agency, or other legal relationship between you and Company and your participation in the Test does not constitute an offer of employment.

(ii) Do not represent yourself as an officer, employee, contractor, or agent of Company.

(13) DISCLAIMERS

(i) Your participation in the Test is at your own risk, the Game has not been fully tested and may contain material defects or deficiencies.

(ii) THE GAME IS PROVIDED AS-IS AND COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE GAME INCLUDING ITS FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION, WARRANTY OF MERCHANTABILITY, WARRANTY OF ACCURACY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF QUIET ENJOYMENT, OR WARRANTY OF TITLE. NO EFFORTS BY COMPANY TO MODIFY THE GAME SHALL BE DEEMED A WAIVER OF THESE LIMITATIONS.

(iii) While Company intends to introduce a commercial version of the Game, you acknowledge that Company has no obligation to release the Game or any similar product.

(14) LIMITATION OF LIABILITY

(i) YOU AGREE THAT THE LIABILITY OF COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, ATTORNEYS, AND LICENSORS IS LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR JURISDICTION.

(ii) Company shall not be liable for cumulative damages under this Agreement in excess of $250.00.

(15) DISPUTE RESOLUTION

(i) Governing Law. This Agreement has been entered in the State of Washington and shall be construed and enforced under and is subject to applicable US federal law and the law of the State of Washington without regard to said state’s conflict of laws provisions.

(ii) Agreement to Arbitrate. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT SHALL BE FINALLY RESOLVED BY ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN KING COUNTY, WASHINGTON GOVERNED BY WASHINGTON STATE LAW OR US FEDERAL LAW, AS APPLICABLE, IN ACCORD WITH THE RULES OF THE AAA IN EFFECT WHEN THE DEMAND FOR ARBITRATION IS FILED, WHICH RULES ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE ARBITRATOR MAY GRANT INJUNCTIONS AS WELL AS MONETARY AND OTHER RELIEF. THE DECISION OF THE ARBITRATOR WILL BE FINAL, CONCLUSIVE, AND BINDING ON THE PARTIES TO THE ARBITRATION. JUDGMENT MAY BE ENTERED ON THE ARBITRATOR’S DECISION IN ANY COURT HAVING JURISDICTION. EACH PARTY’S PROMISE TO RESOLVE CLAIMS BY ARBITRATION IN ACCORD WITH THIS AGREEMENT RATHER THAN THROUGH THE COURTS IS CONSIDERATION FOR THE OTHER PARTY’S LIKE PROMISE. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT IN FULL FORCE AND EFFECT.

(iii) Class Action Waiver. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

(iv) Waiver of Jury Trial. The parties waive the right to a jury trial in any action arising out of or related to this Agreement.

(v) Choice of Forum and Consent to Personal Jurisdiction. Any disputes arising out of or relating to this Agreement which must be tried in court shall be resolved in the state and federal courts located in King County, Washington and the parties irrevocably consent to the personal jurisdiction and service of process of such courts.

(vi) Costs, Fees, and Expenses. Unless otherwise specified in this Agreement, in any action or proceeding by Company to enforce any of the provisions hereof, Company shall, in addition to any other award of damages or other remedy, be entitled to recover reasonable costs, fees, and expenses including attorneys' fees and costs incurred in connection with such enforcement, including any appeal.

(vii) Equitable Relief. Nothing in this Agreement shall prevent Company from bringing an action for equitable or injunctive relief in a court of competent jurisdiction to compel you to comply with your obligations under this Agreement.

(16) GENERAL PROVISIONS

(i) Entire Agreement. This Agreement constitutes the entire understanding between the parties relating to the subject matter, and this Agreement supersedes all prior representations, writings, negotiations, or understandings with respect hereto.

(ii) Changes to this Agreement. Company may revise this Agreement from time to time. Any such changes will not be retroactive. By continuing to participate in the Test after those changes become effective, you agree to be bound by the revised Agreement.

(iii) No Waiver. No waiver by Company of a breach or default shall be deemed to be a waiver of any preceding, continuing, or succeeding breach of the same or any other provision.

(iv) Severability. If any provision in this Agreement is found to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall not be affected or impaired.