End User License and Non-Disclosure Agreement

Closed Alpha Testing

Dreadnought
Welcome to the confidential closed alpha testing for the video game Dreadnought. Grey
Box, a division of Redux! Games, LLC is the publisher of Dreadnought and by way of the
closed alpha website (the Site), is inviting you to have an opportunity to access one or
more pre-release version(s) of the Dreadnought video game (the Game) and
participate in the closed alpha testing for the Game on a confidential basis before it is
commercially released, including, among other things, to test the features, game play,
capabilities and performance of the Game, evaluate the Game and provide feedback
and comments (Alpha Test).
This end user license and non-disclosure agreement (the Agreement), as may be
amended by Grey Box from time to time, is an agreement between you (you or your)
and us, including our affiliated, related and parent entities, members, successors and
assigns (collectively Grey Box we or us) entered into as of the date you first
accepted this Agreement (Effective Date). This Agreement describes the terms under
which Grey Box offers you, on a temporary basis, access to and use of the Game and
Site, and participation in the Alpha Test.
Please read the following terms and conditions very carefully. BY CLICKING THE I
AGREE BUTTON BELOW, YOU ACKNOWLEDGE THAT YOUR USE OF THE GAME
AND/OR SITE IS GOVERNED AND LIMITED BY THIS AGREEMENT, AND AGREE TO
ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK
THE I AGREE BUTTON, AND DO NOT ACCESS OR ATTEMPT TO ACCESS THE
GAME, THE SITE OR PARTICIPATE IN THE ALPHA TEST. BY DOWNLOADING,
INSTALLING, OR USING ANY PORTION OF THE GAME, ACCESSING THE SITE OR
PARTICIPATING IN THE ALPHA TEST, YOU AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
Accordingly, you agree and acknowledge as follows:

(1)

You are entering into this Agreement on a completely voluntary basis with
no expectation of consideration, remuneration or any form of
compensation from Grey Box whatsoever other than what is expressly
provided for in this Agreement;

(2)

You may need access to the Internet in order to participate in the Alpha
Test or otherwise access the Game and/or the Site, fees may apply, and
Grey Box is not obligated to provide you with any access to the Internet or
otherwise make the Game and/or the Site available to you or pay for or
reimburse any applicable fees (and, as between the parties, all such fees
are solely your responsibility);

(3)

Grey Box may, in its discretion and at any time before or during the Alpha
Test, accept or reject or rescind your application for the Alpha Test, (or
terminate your participation therein), and if you are accepted, this
Agreement is a binding contract between you and Grey Box;

(4)

The Game, Site and other Confidential Information (defined below),

including, without limitation, certain other information or materials that you
may be provided or to which you may become aware during the course of
the Alpha Test, are the confidential and proprietary property of Grey Box
or its licensors, not intended for public release and not to be used or
disclosed by you in any manner whatsoever (other than as specifically
provided in this Agreement);

(5)

Grey Box may, in its discretion, reschedule the start date or end date of
the Alpha Test at any time in its discretion, and/or interrupt or suspend or
terminate the Alpha Test at any time in its discretion. By participating in
the Alpha Test, you specifically agree that your use or access of the
Game and/or Site is at all times governed by this Agreement as well as
the Terms of Service for the Game located at:
http://www.greybox.com/en/terms-of-service/, the terms of which are
incorporated herein fully by reference. You agree and acknowledge that
any breach or violation of this Agreement or the Terms of Service will,
among other things, lead to you not being able to participate in the Alpha
Test; ;

(6)

You acknowledge and agree that you have no interest or expectation of

ownership or continued use or access in any achievements, scores, data,
virtual items or other material or elements related to your use of the
Game, the Site or participation in the Alpha Test. Once your participation
in the Alpha Test is completed, Grey Box reserves the right for you to be
obligated to register and/or pay a fee to play or access the commerciallyreleased version of the Game. You further agree and acknowledge that
none of the achievements, scores, virtual items or other material in the
Game and/or accessible via the Site that were used or accessed by you
in the Alpha Test will be available to you in the commercially-released
version of the Game;

(7)

Grey Box and/or its authorized representatives have the right to (a)
upload certain diagnostic information, hardware, software, driver,
operating system and related information, including crash logs, from your
computer, and (b) monitor and restrict your use of the Game and/or Site,
and share usage information regarding you and/or your account with Grey
Boxs authorized representatives, which may include, without limitation,
personal information (such as your name, access location and/or email
address, or any other information that may identify you, your device
and/or your account); you have no expectation of privacy with respect to
your use of the Game, Site or participation in the Alpha Test and certain
identification information about your computer and its operating system,
including, without limitation, your hard drives, central processing unit,
internet protocol address(es), browser and browser version, screen
resolution and usage location(s), some or all of which may be collected by
or on behalf of Grey Box (e.g., including, without limitation, by way of
analytics tools, such as those provided by Google or other third parties)
and shared with Grey Boxs authorized representatives. For purposes of
clarity, reference in this Agreement to the term computer means and/or
includes, without limitation, any device with computing capability, such as
personal computers, gaming systems, tablets, mobile phones,

Smartphones, music devices (e.g., MP3 players, iPods, etc.), and any
other device with computing capability whether now known or hereafter
devised. Also for purposes of clarity, reference in this Agreement to the
term authorized representatives means and/or includes, without
limitation, (x) Grey Boxs affiliated and related entities, business divisions
and members, (y) Six Foot, LLC and its affiliated and related entities,
business divisions and members (Six Foot), and (z) each of their
respective vendors, licensors, licensees, independent contractors,
development partners, business partners, suppliers and third parties
authorized by Grey Box or Six Foot to work on or assist with any aspect
of Grey Boxs business, including, without limitation, the Game, the Site
and/or the Alpha Test. DO NOT CLICK THE "I AGREE" BUTTON AND
DO NOT ACCESS OR USE THE GAME AND/OR SITE OR
PARTICIPATE IN THE ALPHA TEST IF YOU DO NOT CONSENT AND
AGREE TO SUCH UPLOADING, MONITORING, AUDIT RIGHTS AND
SHARING OF PERSONAL INFORMATION.

1.

(8)

You represent and warrant that you are eighteen (18) years of age or
older, or, if under eighteen (18) years of age, you are thirteen (13) years
of age or older and your parent(s) or legal guardian(s) have reviewed this
Agreement and consent to all of its terms and conditions on your behalf.
If you are under thirteen (13) years of age, then please do not access or
attempt to access the Game or Site or participate in the Alpha Test.

(9)

You additionally represent and warrant that you are not a principal,
employee, agent, independent contractor, officer or director of any
company that develops and/or publishes video games or computer
games (other than for Grey Box or its investors, members, developers or
independent contractors, or Six Foot).

(10)

You further agree to all of the terms of this Agreement, including without
limitation, as set forth below.

License Terms.
1.1
License Grant. Grey Box grants you the non-exclusive, non-transferable,
non-assignable, non-transferable, revocable, and limited license to install the
Game onto a single computer and to use and display the Game and Site for your
personal non-commercial use, and in accordance with the terms and conditions
of this Agreement. You may not use, copy, modify, publish, transmit, broadcast,
post, publicly perform or display, create derivative works of, sell, auction, loan,
lease, rent, distribute, transfer or disclose all or any part of the Game except as
expressly provided in this Agreement. You may only use the Game for testing
and evaluation purposes as set forth in Section 1.4 below. All other rights are
reserved to Grey Box.
1.2

License Restrictions. You shall not:

(a) Sublicense to, transfer, network, transmit, distribute or permit use of
the Game or any component or element thereof by any third party;

(b) Decompile, decrypt, electronically scan, peel semiconductor

components, disassemble or otherwise reverse engineer in any
manner or attempt to reverse engineer or derive source code from
any portion of the Game or the Site or any component or element
thereof, including its associated software (or any other Confidential
Information);
(c) Use cheats, hacks, automation software, or any unauthorized
software to modify the Game and/or the Site;

(d) Make copies of the Game other than one (1) copy for back-up
purposes to be used solely as a replacement for the original copy,
provided that you include on the back-up copy all copyright and other
notices that are included on the Game and your use of such back-up
copy shall be subject to this Agreement;

(e) Remove, disable, or circumvent any proprietary notices or labels

contained on or within the Game; circumvent or attempt to circumvent
any technological measures in the Game or any accompanying media
designed to prevent copying or unauthorized access;

(f) create a false identity for purposes of misleading others, or use the
Site or the Game (or any element or portion thereof) to collect, retain
or harvest information about others, such as email addresses or
phone numbers, among other things;

(g) access the Game and/or Site using another users password or
account; or

(h) transfer, stream or otherwise make available material that contains

viruses, Trojan horses, worms, time bombs, cancel bots, corrupted
files or any other similar material that may damage the computer or
other property of another user.
1.3
Indemnification. You hereby agree to indemnify, defend and hold
harmless Grey Box and Six Foot from and against any losses, liabilities, claims,
obligations, costs and/or expenses (including reasonable legal fees) which result
from, arise out of or in connection with your use of the Game and all other
services or activities related thereto in violation of this Agreement.

1.4
Testing and Evaluation Obligations. You hereby agree to perform all of
the following obligations: (i) to test, evaluate and analyze the Game and its
operation, features, capabilities and performance, (ii) to comply with the
reasonable requests of Grey Box and Six Foot from time to time regarding
testing, (iii) to provide feedback and comments to Grey Box and/or Six Foot
(including, but not limited to, and if requested by Grey Box and/or Six Foot, bug
reports, test results and an evaluation of the performance of the Game and/or the
Site), and (iv) provide Grey Box and/or Six Foot with such further documentation
and assistance as may reasonably be required by Grey Box or Six Foot to
perform the Alpha Test. All of your feedback and comments shall be the sole and
exclusive property of Grey Box, and Grey Box shall have the perpetual right to
use all or part of your feedback or comments in any manner or media now known
or hereafter devised. Data or other material obtained by you in connection with
the Alpha Test may not be available after the Alpha Test has concluded or if this
Agreement is otherwise terminated. Additionally, you acknowledge that the Alpha
Test may be subject to certain periods of inactivity (and that neither Grey Box nor
Six Foot is obligated to provide notice of such inactivity).
1.5
Personally Identifiable Information; Monitoring; Privacy Issues. You may
be required to provide to Grey Box and/or Six Foot, or allow Grey Box and/or Six
Foot to upload on an ongoing basis, as a condition to participation in the Alpha
Test, certain personally identifiable information, including, but not limited to,
certain specifications of your hardware (Personal Information) and you hereby
specifically grant Grey Box and Six Foot the right to upload such information from
your computer system during your participation in the Alpha Test, including,
without limitation, for the purpose of evaluating, analyzing, maintaining and
improving the Game and/or the Site. Grey Box and Six Foot will use
commercially reasonable efforts to protect your Personal Information; however,
as with any technology, it cannot guarantee that its systems will not be hacked,
error-free or otherwise compromised. Without limiting the foregoing, Grey Box
and Six Foot will not intentionally or knowingly share any such Personal
Information with any unaffiliated third parties other than its representatives,
whether in connection with the Alpha Test or thereafter. Please consult Grey
Boxs privacy policy (available at https://www.greybox.com/en/privacy-policy/), as
that policy may be updated by Grey Box at its discretion from time to time, for
additional information related to Grey Boxs collection and use of your Personal
Information. You understand that your communications with others or with Grey
Box, whether through your participation in the Alpha Test, your use of the Game
or otherwise, including, without limitation, by way of chats, conferences, bulletin
boards, or other form of communication that Grey Box may make available, etc.,
are public communications, are not private communications, and, as noted
above, you agree that Grey Box may monitor any such communications and that
you have no expectation of privacy with respect to or in connection with any such
communications.
1.6
Open Source Licenses. The Game and/or Site may include certain items
of third party software that are subject to open source licenses (Open Source
Software). Such Open Source Software is licensed under the terms of the
license that accompanies such Open Source Software.
Nothing in this
Agreement limits your rights under, or grants you rights that supersede, the terms
and conditions of any applicable license for such Open Source Software.

1.7
Term of the Agreement. Your participation in the Alpha Test, and the grant
of license herein, may be terminated by Grey Box at any time, for any reason or
for no reason, in Grey Boxs sole and absolute discretion, by providing written,
electronic or emailed notice to you (provided that it is not a breach of this
Agreement if Grey Box does not provide notice before terminating your
participation in the Alpha Test). You may, at any time and for any reason or for no
reason, terminate your participation in the Alpha Test by providing written or
emailed notice to Grey Box. The Alpha Test will be terminated upon the earlier of
(a) Grey Boxs written, electronic or emailed notice to you, (b) the start of a beta
test, or (c) the commercial release of the Game. The termination of your
participation in the Alpha Test and/or the termination of the Alpha Test, however,
shall not modify or supersede the survival provision in Section 6.1 below.
1.8
Return of Materials. Upon expiration or termination of the Alpha Test for
any reason, provided that you have not entered into a license agreement with
Grey Box on mutually agreeable terms for the ongoing use of the Game, you will
immediately return all copies of the Game and all associated documentation, and
any media and documentation that relate to the design, development, operation,
testing, or use of the Game or any additions or modifications thereto. You agree
to certify your compliance with the foregoing promptly upon Grey Boxs request.
1.9
Rules of Conduct. You hereby agree to follow all applicable laws, rules
and regulations while using and/or accessing the Game and the Site and
participating in the Alpha Test, and otherwise behave and conduct yourself in an
appropriate manner, as we may determine in our sole discretion. By way of
example and without limitation, you are prohibited from uploading, posting,
submitting or otherwise making any form of communication (by any form or
medium whatsoever, such as messages, texts, instant messages, blog posts,
email, etc., among others) that: (a) contains any inappropriate, indecent,
obscene, foul or unlawful conduct, or sexual content; (b) is defaming, abusing,
harassing, threatening, spamming, violating the rights of others and/or otherwise
interfering with others use and enjoyment of the Game, the Site and/or
participation in the Alpha Test; (c) offers any type of compensation, consideration,
prizes or consideration, or offers any type of product or service; or (d) contains
hacks or cheats, or other information that we consider in our sole discretion to be
inappropriate, or that link to other websites that have or claim to have hacks,
cheats or other information that we consider in our sole discretion to be
inappropriate.

2.

Confidentiality.

2.1

Confidential Information. As used in this Agreement, the term

Confidential Information means and refers to the existence and terms of this
Agreement, the Game, the Site, your use of the Game and the Site, your
participation in the Alpha Test and any materials related thereto (including,
without limitation, any and all media and documentation that relate to the design,
development, operation, testing, or use of the Game and/or the Site or any
additions or modifications thereto), and any and all non-public information
received by you about the business or finances of Grey Box or Six Foot

including, without limitation, all information about (or relating to) the Game, the
Site, the Alpha Test, any potential game or site or testing, software, code,
documentation, products, services, technology, business plans, existing or
proposed projects, and trade secrets of Grey Box or Six Foot in whatever form,
from whatever source and whenever such information is received by you, and
any other information that by the very nature of the circumstances surrounding its
disclosure ought, in good faith, to be understood to be treated as confidential.
Confidential Information also includes, without limitation, all such information
disclosed to you prior to the effective date of this Agreement. You understand
and agree that the Confidential Information constitutes valuable trade secrets of
Grey Box. Notwithstanding the foregoing, the term "Confidential Information"
shall not include information, which becomes publicly available without violation
of this Agreement or by any fault of any party to this Agreement.

2.2

Confidentiality and Non-Disclosure. You agree that:

(a) You are receiving the Confidential Information solely for the purpose
of reviewing the Game, participating in the Alpha Test and providing
feedback to Grey Box, and that will, (i) keep the Game, the Site and
all other Confidential Information confidential, (ii) not to disclose
Confidential Information to any third party and not to permit any third
party to view, access or use the Game, the Site or any other
Confidential Information, (iii) not to use the Game, the Site or any
Confidential Information for any purposes other than as expressly
authorized in this Agreement, and (d) not to take any action that would
interfere with Grey Box's ownership and/or control of the Game, the
Site or any Confidential Information (e.g., filing for patents, trademarks
or purchasing website domain names);

(b) You will not: (i) disclose any Confidential Information about the Game
on any blogs, forums or social media sites; (ii) broadcast Confidential
Information on Twitch TV or any similar forum; (iii) capture video of the
Game on your own hard drive; (iv) make private copies of the Game;
(v) provide access to the Game to third parties; (vi) reverse engineer,
modify files, bypass or otherwise circumvent the digital rights
management systems (DRM) or any other security or content
protection system used in connection with the Game, or bypass time
bombs by changing their system clocks; (vii) post videos containing
Confidential Information on YouTube, or through any other public or
private broadcast; (viii) capture screenshots of the Game for personal
use; (ix) make any disparaging comments about the Game, the
developers or the publisher; or (x) make any modifications or
additions to the Game except with Grey Boxs prior written approval;
and

(c) In no event will you use the Game, the Site or any Confidential
Information to develop, manufacture, market, sell, or distribute any
product or service, or for self-promotion, nor will you discuss, disclose
or otherwise transfer any Confidential Information to any person or
entity.

Without limiting the foregoing, you shall use at least the same degree of care that
you use to prevent the disclosure of your own confidential information of like
importance, but in no event less than reasonable care, to prevent the disclosure
of Confidential Information.
These obligations exist for the greater of the term of this Agreement set forth in
Section 1.7 or for as long as any Confidential Information continues to be
maintained as confidential by Grey Box, which, for clarity, may include after the
end of the Alpha Test or even after the commercial release of the Game if and to
the extent there remains Confidential Information, but in any event for at least
two (2) years after reviewing the Game.

2.3

Liquidated Damages. You acknowledge that any breach of this

Section 2 will result in material adverse consequences and material
damages to Grey Box and/or Six Foot, and as such if you breach this
Agreement, you agree to pay liquidated damages (which are the best
estimate you and Grey Box have of the damages such breach will cause) to
Grey Box in the amount of damages caused by such breach by you.

2.4

NO REPRESENTATIONS OR WARRANTIES IN CONFIDENTIAL INFORMATION. YOU

ALSO AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OR
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE
ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION
HAVE BEEN MADE BY OR ON BEHALF OF GREY BOX OR SIX FOOT AND
GREY BOX AND SIX FOOT EACH HEREBY DISCLAIM ALL IMPLIED
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. You acknowledge and agree that neither Grey
Box, Six Foot, nor any of its shareholders, directors, officers, employees,
authorized representatives or professional advisors will have any liability to you
resulting from your use of the Confidential Information or from any errors or
omissions in the Confidential Information.

2.5

Exceptions. Confidential Information shall not include any material or

information which, (i) at the time of disclosure or thereafter is generally available
to and known by the public (other than as a result of a disclosure, directly or
indirectly, by you or on your behalf in violation of this Agreement; (ii) was
available to you on a non-confidential basis from a source other than Grey Box or
Six Foot; provided that such source is not and was not bound by a confidentiality
obligation owed to Grey Box or Six Foot; (iii) has been independently acquired or
developed by you without violating this Agreement; or, (iv) Grey Box or Six Foot
has specifically approved in writing for release by you.

2.6

Other. If and when requested, you will immediately return to Grey Box
any and all Confidential Information. If at any time you become aware of any
unauthorized access of the Confidential Information, you will immediately notify
Grey Box and provide all reasonable assistance to Grey Box to protect Grey
Box's rights in the Confidential Information. In the event you are requested to
disclose the Confidential Information by a court or other government action, you

shall seek to maintain the Confidential Information by asserting any applicable

privileges or restrictions and disclose only the minimal amount of Confidential
Information necessary to be in compliance with such a request as determined by
legal counsel. In addition, you will immediately notify Grey Box of the production
request, so that you may seek remedies to prevent disclosure of the Confidential
Information.
3.
Ownership.
Except for the revocable limited personal non-commercial
revocable, license expressly granted hereunder, Grey Box retains all rights, title and
interests in and to the Game and the Site. The Game and the Site are copyrighted and
protected by United States copyright laws and international treaty provisions. You
acknowledge that the Game and the Site contains valuable trade secrets of Grey Box,
and Grey Box owns and or controls all intellectual property rights in and to the Game
and the Site, including, without limitation, all patent rights, copyrights, inventions, trade
secret rights, trade dress rights, trademark rights and any intellectual property rights
therein and thereto that are related to the aforementioned. You may not remove the
copyright and other proprietary rights notices from the Game or the Site. You agree to
prevent any unauthorized copying or distribution of the Game and the Site. Except for
the license expressly provided herein, Grey Box does not grant you any express or
implied right in any patents, copyrights, trademarks, or trade secret information of Grey
Box. You agree that Grey Box owns all rights, title, and interests in any and all of the
feedback and comments that you may provide and/or that Grey Box otherwise receives,
without any remuneration, compensation or credit to you, including, without limitation,
feedback related to the Game, the Site and any Derivatives thereto. For purposes of this
Agreement, "Derivatives" means: (a) for copyrightable or copyrighted material, any
translation, abridgment, revision or other form in which an existing work may be recast,
transformed or adapted; (b) for patentable or patented material, any improvement
theme; (c) for material which is protected by trade secret, any new material derived from
such existing trade secret material, including new material which may be protected
under copyright, patent and/or trade secret laws; (d) any and all other intellectual
property; and (e) any and all intellectual property rights in and to the aforementioned (a),
(b), (c) and (d). To the extent that any of the rights assigned herein cannot presently be
assigned under applicable law, you agree to assign such rights at such time as the rights
are capable of being assigned. You agree at Grey Boxs request to execute such further
documents and to do such further acts as may be necessary or desirable to document,
perfect, register or enforce Grey Boxs ownership of any of the rights, title and/or
interests hereunder, in whole or in part. If you fail, delay or refuse to execute any such
documents, you hereby appoint Grey Box as your attorney-in-fact, which appointment is
coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver,
record and file such documents. The rights granted, assigned and/or to be assigned by
you hereunder are granted for the entire universe and shall inure in perpetuity, and, as
set forth above, no further consideration shall be payable to you or any of your heirs or
assigns at anytime in connection therewith. To the extent such rights are not conferred
by applicable law or otherwise not capable of being assigned, you hereby grant Grey Box
and its affiliates and their respective successors and assigns an exclusive, assignable,
irrevocable, fully paid, royalty-free license to all such rights (including, without limitation, all
feedback, and suggestions with respect to the Game) in perpetuity and throughout the
universe.
4.
Injunctive Relief. You acknowledge and agree that a breach or threatened
breach of any covenant contained in this Agreement would result in irreparable harm to

Grey Box for which money damages would be insufficient, and Grey Box shall be entitled to
obtain injunctive relief without bond or other form of security, or if a bond or other form of
security is required under applicable law, on the posting of a bond or security in an amount not
to exceed Fifty Thousand United States dollars (US$50,000.00).
5.

No Warranty; No Liability For Damages.

5.1
No Warranty. You acknowledge that the Game is a pre-release version
and is not necessarily a final version or a fully tested version.
YOU
ACKNOWLEDGE THAT THE GAME AND/OR THE SITE MAY WELL CONTAIN
ERRORS AND DEFECTS AND YOUR USE OF THE GAME AND THE SITE IS
AT YOUR SOLE RISK. THE GAME IS PROVIDED AS IS WITHOUT ANY
EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, SECURITY,
MERCHANTABILITY, PERFORMANCE, NONINFRINGEMENT OF THIRDPARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. THE GAME AND/OR THE SITE AND ASSOCIATED
DOCUMENTATION MAY CONTAIN DEFECTS, FAIL TO COMPLY WITH
APPLICABLE SPECIFICATIONS, AND PRODUCE UNINTENDED OR
ERRONEOUS RESULTS WHEN OPERATED IN COMBINATION WITH OTHER
PRODUCTS.
5.2
No Liability For Damages. IN NO EVENT SHALL GREY BOX OR SIX
FOOT BE LIABLE FOR ANY DAMAGES WHATSOVER (INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, DATA OR BUSINESS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME, THE SITE
OR THE ASSOCIATED DOCUMENTATION OR THIS AGREEMENT, AND/OR
ANY DEFECT IN THE GAME, THE SITE OR THE ASSOCIATED
DOCUMENTATION EVEN IF YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

6.

Dispute Resolution.

6.1
Informal Resolution. To expedite resolution and control the cost of any
dispute, controversy or claim related to this Agreement (Dispute), you and Grey Box
agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days prior to initiating any arbitration or
court proceeding. Such informal negotiations commence upon written notice from one
person or entity to the other in accordance with the Notice section above.
6.2
Binding Arbitration. If you and Grey Box are unable to resolve a Dispute
through informal negotiations, either you or Grey Box may elect to have the Dispute
(except those Disputes expressly excluded below) finally and exclusively resolved by
binding arbitration. Any election to arbitrate by one party shall be final and binding on the
other. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate,
the AAAs Supplementary Procedures for Consumer Related Disputes (AAA Consumer
Rules), both of which are available at the AAA website http://www.adr.org. The
determination of whether a Dispute is subject to arbitration shall be governed by the
Federal Arbitration Act and determined by a court rather than an arbitrator. Your

arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may
be conducted in person, through the submission of documents, by phone or online. The
arbitrator will make a decision in writing, but need not provide a statement of reasons
unless requested by a party. The arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. Except as otherwise provided in this
Agreement, you and Grey Box may litigate in court to compel arbitration, stay
proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the
award entered by the arbitrator.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO
ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING
UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR
THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN
CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT
INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
6.3
Restrictions; Class Action Waiver. You and Grey Box agree that any
arbitration shall be limited to the Dispute between Grey Box and/or Six Foot on the one
hand, and you individually on the other hand. To the full extent permitted by law, (i) no
arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute
to be arbitrated on a class-action basis or to utilize class action procedures; and (iii)
there is no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
6.4 Exceptions to Informal Resolution and Binding Arbitration. You agree
that Grey Box may chose, at its option and discretion, to exclude the following Disputes
from (and, as such, the following Disputes will not be subject to) the above provisions
concerning informal resolutions and binding arbitration: (i) any Dispute related to or
arising from allegations of theft, piracy, invasion of privacy or the unauthorized use of
Grey Boxs or its third party providers intellectual property and/or intellectual property
rights; and/or (ii) any claim by Grey Box for injunctive or other equitable relief.
6.5 Location and Jurisdiction. Any arbitration will be initiated in and take place
in the County of Harris, State of Texas, United States of America. Any Dispute not
subject to arbitration (other than claims proceeding in any small claims court), or where
no election to arbitrate has been made, including without limitation the Disputes
contained in Section 6.4, shall be decided by a court of competent jurisdiction in the
County of Harris, State of Texas, United States of America, and you and Grey Box agree
to submit to the personal jurisdiction of such courts. You hereby waive any claim that
such locations are improper or inconvenient.
6.6 Severability. You and Grey Box agree that if any portion of this Section 6
(Dispute Resolution) is found illegal or unenforceable (with the exception of 6.4), that
portion shall be severed and the remainder of this section shall be given full force and
effect. If Section 6.4 is found to be illegal or unenforceable then neither you nor Grey
Box will elect to arbitrate any Dispute falling within that portion of Section 6.4 found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the County of Harris, State of Texas, United States of America, and
you and Grey Box agree to submit to the personal jurisdiction of that court.

7.

Governing Law. Except as expressly provided otherwise, this Agreement shall

be governed by, and will be construed and enforced under, the laws, rules and
regulations of the United States of America and the laws, rules and regulations of the
State of Texas, excluding conflict of law rules and principles.

8.

Miscellaneous.

8.1
Use of Name. Grey Box may refer to you by name in advertising and
promotional materials in connection with your participation in the Alpha Test.
8.2
Survival. The provisions of this Agreement, other than the first sentence of
Section 1.1 and Section 1.4, shall continue in full force and effect even after (i) the Alpha
Test has been terminated or completed and/or (ii) your participation in the Alpha Test has
been terminated.
8.3
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.
8.4
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. Grey Box may amend this Agreement from time to time
and will endeavor to provide you with notice (which may include, without limitation, a
general reference in the Alpha Test or a post on Grey Boxs website).
8.5
Export Controls. The parties agree to comply with all export laws,
restrictions, national security controls and regulations of the United States or other
applicable national or foreign agency or authority, and not to export or re-export, or allow
the export or re-export of any proprietary information or any copy or direct product
thereof in violation of any such restrictions, laws or regulations. You represent and
warrant that (a) you are not located in a country that is subject to a United States
Government embargo or that has been designated by the United States Government as
a terrorist supporting country, and (b) you are not listed on any United States
Government list of prohibited or restricted parties. Without limiting the foregoing, you
may not download, use or otherwise export or re-export the Game, including, without
limitation, any software firmware, hardware, application program interface specifications,
or features provided by Grey Box and/or Six Foot except in full compliance with all
applicable laws, rules and regulations. Grey Box and/or Six Foot may update the Game
remotely, including, without limitation, as it resides on your machine, without your
knowledge or consent, and you hereby grant to Grey Box your consent to deploy and
apply patches, updates and modifications to the Game.
Last updated: January 21, 2016

2015 Grey Box. All rights reserved.

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trademarks in the United States, of Redux! Games, LLC