Important: Please read this Development, Marketing and Beta Testing Agreement (“Agreement”) carefully as it sets out the terms and conditions you must agree to in order for us to provide you with news, information and updates on the Game (as defined below) and to participate in the Beta Test (as defined below) programme and to provide general feedback and comments on the Game. If after reading all of the terms and conditions set out below, you agree to be bound by them then click the “accept” checkbox on the submit page.

Eutechnyx Limited (“Eutechnyx”, “We” or “Us”) is currently developing a driving game entitled Auto Club Revolution (the “Game”) for Personal Computer (including on-line).

You have been invited by Eutechnyx to play the Game as a beta test (“Beta Test”). Your limited licence from us to use the Beta Test Materials (as defined) as part of your participation in the Beta Test is granted subject to these terms and conditions and to your entering this Agreement with Eutechnyx.

Nothing in these terms and conditions, or on the Game website, shall be interpreted as granting you any rights or privileges of any kind with respect to the Game. The Beta Test version of the Game is provided on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied in respect of the Game or the Beta Test version of the Game.

1. Beta Test Materials.
We shall provide you with all the software and documentation (“Beta Test Materials”) required for your participation in the Beta Test.

2. Intellectual Property Rights.
You understand and acknowledge that the Beta Test Materials are protected by copyright and other analogous national and international intellectual property rights. You shall keep the Beta Test Materials confidential, in your custody and control, and free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Beta Test Materials.

3. Confidential Nature of Beta Test Materials.
You acknowledge and agree that:
( a ) the Beta Test Materials are the confidential information of Eutechnyx;
( b ) the Beta Test Materials are not intended for public sale;
( c ) the Beta Test Materials may be serial numbered for tracking purposes and would be traceable to you;
( d ) you agree that Eutechnyx shall be entitled to such legal remedies that may be available in the event you breach this agreement.

4. Participant’s Warrants and Representations.
You warrant and represent in connection with the Beta Test that you:
( a ) are at least 18 years of age;
( b ) have no physical condition, such as epilepsy, that would be aggravated or triggered by playing video games;
( c ) knowingly agree to assume the risk that any latent physical defects you may have could be aggravated by participation in this Beta Test;
( d ) own a computer;
( e ) have read your ISP user agreement/terms and conditions;
( f ) will only use the Beta Test Materials in your home with friends and family and you will not give any public exhibitions or displays using the Beta Test Materials;
( g ) will use the content and tools made available to you through the Beta Test only for the purposes intended as any misuse of such content or tools may result in immediate termination of your participation in the Beta Test;
( h ) will respect the intellectual property rights in the Beta Test Materials and acknowledge that any infringement of such rights may result in legal prosecution;
( i ) will not engage in the unauthorized transfer, exhibition, export, import or transmission of programs and will not use any devices to circumvent any authentication schemes as such may be prohibited by law;
( j ) will read and become familiar with the warnings and instructions for any Beta Test Materials that may be sent to you before any installation or setup of such Beta Test Materials; and
( k ) agree that you will not (i) modify or cause to be modified any files that are a part of the installation of the Game; (ii) create or use cheats, "mods", and/or hacks, or any other third-party software designed to modify the Game experience; (iii) use any third-party software that intercepts, "mines", or otherwise collects information from or through the Game. You may update the Game with authorised patches and updates distributed by Us;
( l ) undertake not to translate, adapt, vary, modify, disassemble, decompile or reverse engineer the Beta Test Materials;
( m ) will continue to have access to the Internet through an Internet service provider (“ISP”) for the duration of the download and test.
IMPORTANT NOTE: some ISPs limit the number of devices that may be connected to the service. If you are unsure about your service terms, please contact your ISP.
( n ) will be respectful of others;
( o ) will not post any comments or other communications which may be offensive or threatening;
( p ) acknowledge and agree that you have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose during your participation in the Beta Test or use of any of the Beta Test Materials;
( q ) agree that we or our agents may for any reason remove any content created by you from bulletin boards or other public or closed sites;

5. No Guarantee of Server Uptime/Disclaimer.
Eutechnyx and their affiliates cannot guarantee the continuous operation of the Eutechnyx servers. Eutechnyx shall not be liable for any delay or failure of the servers to perform. In the event of a systems incompatibility or any inoperability, our sole liability shall be limited to the repair or replacement of the user’s affected Beta Test Materials. Eutechnyx shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto.

6. Participant Feedback.
You agree to provide reasonable feedback to us about your experiences in playing the Game and information about connectivity and usability of the Beta Test Materials(and you shall further have the ability to vote on features and game design of the Game), using features such as email applications, chat rooms, instant messaging, web-lobby or in-game communications and message boards. By entering into this agreement you assign by way of future assignment to us all intellectual property rights in and to your feedback, including copyright, rights in know how, patent rights, rights in inventions, trade mark rights database rights and other analogous intellectual property rights, which shall be our property and may be used by us for any purpose we see fit.

7. Participation in Feedback.
Communicating with other users and us is an integral part of the Beta Test and for the development of the Game and is referred to in these terms and conditions as "Chat." Your Chat sessions may be subject to review, modification, and/or deletion by us without notice to you. Additionally, you hereby acknowledge that we are under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat, you may not:
( a ) Transmit or post any content or language which, in our sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent such content and language restrictions;
( b ) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
( c ) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and service available outside the Game;
( d ) Send repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including but not limited to continuous advertisements to sell goods or services;
( e ) Communicate or post any user's personal information whether on websites or forums related to the Game; or
( f ) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game.

8. No Warranty.
The Beta Test Materials are provided “as is” and, to the maximum extent provided under law we disclaim all warranties of any kind, whether express or implied, including but not limited to any warranties of satisfactory quality or fitness for particular purpose. Without limiting the foregoing, we do not guarantee that you will be able to play the game demonstrations or Beta Test Materials provided under he Beta Test. From time to time, there may be problems related to access, delay or failure to perform that are beyond our reasonable control. In the event of a dispute regarding your use of any of the Beta Test Materials, you agree that our sole liability will be limited to repair or replacement of the Beta Test Materials, at our option. For all Beta software provided as part of the Beta Test, Eutechnyx may either deliver a self expiring (“time bomb”) version of the software or may discontinue hosting the software at any time. You agree that we shall have no liability for such discontinue hosting the software at any time. You agree that we shall have no liability for such discontinuance.

9. Provision of News, Information and Updates.
You agree that we may from time to time provide you with news, information and updates on the Game to your e-mail address as provided by you.

10. Limitation of Liabilities and Remedies.
You agree that notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages), our entire liability under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to One Hundred Pounds Sterling (£100). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law. In no event shall we be liable for any special, incidental, indirect, or consequential damages whatsoever, including without limitation loss of data. This condition shall not be construed to limit or exclude liability for personal injury or death caused by negligence, or for fraudulent misrepresentation.

11. Term/Termination.
This Agreement will be effective from the time you click the “accept” button until terminated. You may terminate this Agreement at any time by returning to us or removing from your hardware all copies of the Beta Test Materials and providing us with written notification of your termination by sending an email to beta@eutechnyx.com. Your participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Agreement or if you fail to provide reasonable feedback in a timely manner. We reserve the right to terminate your participation in the Beta Test programme at any time with or without cause.

12. Governing Law and Jurisdiction.
You agree that the laws of England shall govern the terms of this Agreement and your participation in the Beta Test and accept the exclusive jurisdiction of the English courts over any dispute arising under or in connection with the Beta Test and this Agreement.

13. Copy of Agreement.
Should you have any questions concerning this Downloading Agreement please contact Eutechnyx Limited, Metro Centre East Business Park, Waterside Drive, Gateshead, Tyne & Wear, NE11 9HU, United Kingdom.

14. Acceptance.
If you do not agree to be bound by the terms and conditions of this Agreement, do not continue any further. By clicking the “accept” button below you are representing that:
( a ) you wish to participate in the Beta Test;
( b ) you have read and understood this entire Agreement and Eutechnyx’s Privacy Policy;
( c ) you acknowledge some people have experienced physical reactions to playing video games and accept the risk that you may experience an adverse physical reaction; and
( d ) you specifically agree to be bound by all of the terms and conditions of this Agreement as they apply to you; and
( e ) you accept, and acknowledge, Eutechnyx’s Privacy Policy.

15. Acknowledgment of and consent to data collection and use.
To the extent required under the Data Protection Act 1998 (the Act) you consent to our using, collecting, storing and processing such data for the purpose of the Beta Test, in relation to the development of the Game and for other similar purposes in connection with the development of computer games. In addition you consent to our disclosing your Personal Data (as defined under the Act) to other parties directly involved in the development, publishing, marketing and sale of the Game.