Please read this Agreement carefully
By clicking on ‘I agree’ below, you agree to be bound by the terms and conditions of this agreement and can then download the Starter Kit.
This Participation Agreement (the “Agreement”) between LIT-Tipperary and you contains the terms and conditions applicable to your participation in the Game Studio Ireland Challenge 2013 as further described herein (“Contest”). This Agreement shall govern your development and submission of an interactive game (“Game Entry”) based on the interactive game titled Robot Tank (“Game Property”) owned by Activision Publishing Inc. (“Activision” ), and your use of a software code package (“ Starter Kit” ) that is being provided to you solely for the purpose of your development of a Game Entry for submission to the Contest. Please read this Agreement carefully.
BY CLICKING “ I AGREE” BELOW, AND/OR COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THE STARTER KIT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL AGREEMENTS UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON YOUR BEHALF.
1. GRANT OF RIGHTS:
Subject to your acceptance of the conditions hereunder, LIT-Tipperary grants to you a non-exclusive, non-transferable, limited license to install and use one copy of the Starter Kit on a single computer solely for the purpose of developing a Game Entry for submission to the Contest.
2. RESTRICTIONS ON STARTER KIT:
You may not make additional copies of the Starter Kit, except that you may make a reasonable number of backup copies of the Starter Kit so long as your backup copies are not installed or used for other than archival purposes. Any permitted copy of the Starter Kit that you make must contain the same copyright and other proprietary notices that appear on or in the Starter Kit.
You may only modify the Starter Kit as part of your preparation of your Game Entry and may not modify, adapt or translate the Starter Kit in any other manner or for any other commercial or non-commercial purpose.
YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE STARTER KIT, OR AUTHORIZE ANY PORTION OF THE STARTER KIT TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER, EXCEPT AS MAY BE PERMITTED HEREIN.
3. GAME ENTRY REQUIREMENTS:
Each Game Entry must meet the following requirements:
a. The Game Entry may be a derivative of the Starter Kit.
b. With the exception of the Starter Kit, all art, graphics, video, audio, and other content used in the Game Entry must be original to you.
c. With the exception of the Starter Kit, all code must be developed by you.
d. The Game Entry must not contain abusive, profane, or otherwise offensive language.
e. The Game Entry must not portray abusive, threatening, sexually explicit, or illegal conduct.
f. The Game Entry must not include any materials or information that you do not wish to be made public.
g. The Game Entry must be free from viruses, worms, or other harmful elements.
h. The Game Entry must not contain any hidden game play feature (e.g., “ Easter Eggs” ) or any other hidden or undisclosed features.
i. The Game Entry must not contain any unauthorized key-locks or other similar programming devices.
j. The Game Entry must not contain any code that would permit any third party to access the materials to cause disablement or impairment.
k. The Game Entry must not include any materials that will result in damage to any device, computer, network, or any feature or function of a device, computer, or network.
l. The Game Entry must not be in any way sponsored, developed, financed, or assisted by any game publisher or professional.
m. The Game Entry may be a derivative of the Game Property, but it may not be a derivative of any other previously published game(s)
n. The Game Entry may not be an add-on or modification that would require the installation of another game in order to be played.
Any costs in connection with submission of a Game Entry shall be borne solely by you. Neither LIT-Tipperary nor Activision is responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, or stolen submissions, or for submissions that fail to enter into LIT-Tipperary’ s processing system, or that are processed, reported, or transmitted late or incorrectly or are lost or misdirected for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephone malfunction or error, including inability to access any Web site associated with the program or to process any transaction thereon.
You agree that no confidential or fiduciary relationship is established between you and LIT-Tipperary or between you and Activision by your participation in the Contest.
4. OWNERSHIP OF GAME ENTRY:
As a condition of this Agreement, each Game Entry, and its respective content, and all copyright rights (including, but not limited to, rights in audiovisual works and moral rights), patent rights, trade secret rights, trademark rights (and rights to goodwill appurtenant thereto), trade dress rights, merchandising rights, and all other intellectual property rights therein will be automatically assigned to and owned exclusively by Activision or its designee. You acknowledge that the foregoing rights, titles, and interests vesting in, transferred to, or assigned to Activision hereunder include the sole and exclusive right to publish, sell, and otherwise exploit the Game Entry and any derivative work (including without limitation prequels, ports, spin-offs, expansions, and sequels) by any means. You acknowledge that Activision shall have no duty of confidence in respect of any Game Entry. Activision reserves all right, title and interest in and to the Game Property. Activision shall have the sole and exclusive unrestricted right to exploit the Game Entry (but without any corresponding obligation to do so), including the right to edit, publish, use, adapt, exploit, modify, or dispose of the same, the concepts embodied therein or any elements thereof, proper names, likenesses, addresses, and locations, online, in print, film, television, or in any other media for advertising and promotional purposes without compensation or notification to you of any kind. Activision shall have the sole and exclusive right to determine, at its sole and absolute discretion, all matters regarding the method, manner, and extent of publishing, release, advertising, packaging, promotion, marketing, distribution, bundling, channels, pricing, terms, ports, sequels, territories, trademarks, registration, and exploitation (if any) of the Game Entry. You shall not institute, support, maintain or permit directly or indirectly any litigation or proceedings instituted or maintained on the ground that Activision’ s ownership and/or any exercise of the rights granted to Activision in or to the Game Property, or Game Entry in any way constitutes an infringement or violation of any rental, lending or other right. You acknowledge that Activision and its affiliates shall be free to create, develop, produce, publish, or exploit any interactive game, even if such game is competitive with or substantially similar to any of your actual or proposed games, anything to the contrary herein notwithstanding. You further waive any and all claims relating to so-called “ rental rights,” “moral rights,” and/or rights of “ droit moral” with respect to thereto.
Notwithstanding anything in the foregoing paragraph to the contrary, if Activision elects to commercialise your entry, Activision may at its discretion elect to make an ex-gratia payment to you as a goodwill gesture in recognition for the efforts made in creating the Game Entry.
You acknowledge that:
(a) Activision, its designees, and LIT-Tipperary shall have the right, but not the obligation, to use the your voice, photograph/video, image and/or likeness for programming, advertising, publicity, promotional purposes, and any other purpose Activision determines is appropriate in all media now or hereafter known, worldwide and on the Internet, and in perpetuity, without compensation and without prior notice, approval, or inspection;
(b) Activision (whether itself or through its affiliates, contractors, vendors, agents or licensees) shall be free to develop, publish or otherwise exploit any interactive game, even if such game is competitive with or substantially similar to your Game Entries; and
(c) Activision shall be free to use for any purpose in any and all media now known or hereinafter developed in any territory in perpetuity the residuals resulting from access to or work with your Game Entry. The term “residuals” means information in intangible form, which is retained in memory by persons who have had access to your Game Entry, including ideas, concepts, know-how, or techniques contained therein. Activision shall not have any obligation to limit or restrict the job assignments, access, or activities of such persons or to pay royalties for any work resulting from the use of residuals.
5. YOUR RIGHT TO DISPLAY GAME ENTRY FOR NON-COMMERCIAL, ACADEMIC PURPOSES:
Notwithstanding anything to contrary contained herein, you may retain and display, in object code form only, a single copy of the Game Entry for Non-Commercial, Portfolio purposes, as those terms are defined below.
“Non-Commercial” means the Game Entry must not be used to generate any form of compensation or revenue, must not be used by or on behalf of any third party, must not be used for advertising, marketing, or promotional materials and/or services, must not be used in connection with any other products and/or services, and must not be used for any other commercial purpose whatsoever.
“ Portfolio” means the examples of your works to demonstrate the skills and talents you acquired. Portfolios may be shown by you only to potential employers as an example of your skills, but not otherwise used by you or a prospective or actual employer.
In no event shall you enable or provide access to, distribute, or otherwise use any Game Entry via any peer-to-peer or other file-sharing network or any technology with a primary purpose of enabling and facilitating digital serial copying.
The rights granted herein are specifically further restricted to all relevant laws regarding the lawful and unlawful uses of copyrights, trademarks, rights of publicity and moral rights and all other relevant federal and state laws. If you wish to make use of a Game Entry in a manner not permitted by this limited license, please contact Activision to request a separate license.
6. REPRESENTATIONS AND WARRANTIES:
By participating in the Contest, you represent and warrant that: (a) you have the full and exclusive right, power, and authority to submit the Game Entry to the Contest and to grant Activision and its designees the rights to the Game Entry herein granted upon the terms and conditions set forth herein; (b) no part of the Game Entry has been published; (c) no rights in the Game Entry have been previously granted to any person, firm, corporation, or other entity, or otherwise exercised or exploited; (d) the Game Entry is in keeping with Activision’ s image and is not offensive, as determined by Activision in Activision’ s sole discretion; (e) the Game Entry does not defame or invade publicity rights, or the privacy of any person, living or deceased, or otherwise infringe upon any person’ s personal or property rights, or any other third party rights; and (f) the Game Entry will comply with the Official Rules.
7. GOVERNING LAW:
This Agreement will be governed by the laws of Republic of Ireland.
EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE
STARTER KIT IS PROVIDED AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT
NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS.
9. LIMITATION OF LIABILITY:
NEITHER LIT-TIPPERARY NOR Activision NOR THEIR AFFILIATES, RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR ASSIGNS SHALL HAVE ANY LIABILITY AND SHALL BE HELD HARMLESS BY YOU, FOR ANY DAMAGE, LOSS OR LIABILITY TO PERSON OR PROPERTY, DUE IN WHOLE OR INPART, DIRECTLY OR INDIRECTLY, BY REASON OF ANY BREACH OF THIS AGREEMENT, YOUR ENTERING THE CONTEST, USING THE STARTER KIT, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, OR WHILE PREPARING FOR OR PARTICIPATING IN ANY CONTEST-RELATED ACTIVITY.
Neither LIT-Tipperary nor Activision is responsible for technical, hardware, or software failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Activision, LIT-Tipperary, or users, or by any of the equipment or programming associated with or utilized in the Contest.
LIT-Tipperary disclaims any and all liability or responsibility for disputes arising between you and other entrants to the Contest, including but not limited to, your teammates.
As a condition of participating in the Contest, you agree to release Activision and its affiliates, and their respective directors, officers, shareholders, employees, agents, and assigns from any liability resulting from your participation in the Contest or use of the Starter Kit.
LIT-Tipperary reserves the right, at its sole discretion, to cancel, terminate, modify, extend, or suspend this Agreement at any time. LIT-Tipperary may prohibit you from participating in the Contest or winning a prize if, in LIT-Tipperary’ s sole discretion, LIT-Tipperary determines that you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten, or harass any other entrants or LIT-Tipperary’ s representatives.
Thereafter, this Agreement shall be of no further force and effect, and LIT-Tipperary, Activision, and you shall have no further obligations to each other, except for the provisions of Sections 4 and 6–10, which shall survive the termination of this Agreement.
You agree that Activision is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Activision were a party to this Agreement.
By clicking on ‘I agree’ below, you agree to be bound by the terms and conditions of this Agreement.