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EdUGames Beta Tester Contract



Copyright © 2005 by Pete Antoniak
1 Jun 05

1. The Parties

1.1. This is an opened ended contract between EdUGames, a privately owned company with headquarters in San Bruno, California and __________________ , of _______________ ,hereafter to be called the Tester. This contract will here after be referred as Contract number T-__________.

2. What is Covered

2.1. This Contract covers the testing of EdUGames Rounds and Editions by actually playing them in the EdUGames program. The Tester is to note any problems, errors, typos, misspellings, inconsistencies or any other things that would render the material less than perfect for release to the public. The Tester is also free to make any suggestions concerning said material, however, Tester understands that EdUGames is under no obligation to financially compensate Tester for such suggestions.

3. Inclusions

3.1. The following documents are included and made part of this contract.

3.1.1. EdUGames Dictionary of Terms

4. Background

4.1. EdUGames is in the business of producing, selling and licensing educational computer games that use question material similar to Jeopardy and Trivia Pursuit. EdUGames is creating large amounts of question material which needs to be tested.

4.2. Tester is an individual interested in testing question material in return for free software. Tester states that he/she is complying with all laws, policies and regulations in applying to be a Tester with EdUGames.

4.3 Tester is of legal age, or has the permission of his/her guardian who has also signed this agreement.

4.4 Other than free software, tester agrees not to seek any financial compensation for suggestions, work or services rendered to EdUGames as a result of this contract.

5. In the event of any Transfer of Electronic Data or Suggestions from the Tester;

5.1. Tester agrees that any data, including suggestions, created as a result of this agreement constitutes a work for hire when submitted to EdUGames and that all intellectual property rights in said data or suggestions shall vest in EdUGames when so submitted to the extent permitted by law. If laws prevent such vesting, Tester makes assignment of all such rights to EdUGames at the time of submittion. If laws prevent such assignment, Tester grants a perpetual world wide non-revocable license to EdUGames to use said data or suggestions. If laws prevent such licensing, Tester agrees never to sue EdUGames for the use of material resulting from or associated with said data or suggestions.

5.2. Tester certifies by his/her submission that any data he/she submits is his/her work and that to the best of the Tester's knowledge, the electronic data is not claimed by another.

5.3. Tester understands the nature of the EdUGames® program and how data is often altered, modified and distorted in the creation of a challenging intellectual game play situation. Where permissible by law, Intern waves his/her rights to prevent alteration, mutilation or distortion of said data.

5.4. Tester understands that some of the Game processes challenge the user to recognize an image that starts out unclear and becomes progressively more clear as game play continues. This process may include, but is not limited to: covering the image with panels; covering the image with lines; making the image blurry; morphing the image; scrambling the image into puzzle parts; and any other means available, now, or in the future that EdUGames may be able to use in creating a challenging discovery type situation. Intern expressly authorizes such usage of content.

5.5. Tester makes this agreement without reservation for him/herself and his/her estate for now and for all times in all places.

5.6. If Tester is under legal age, his/her guardian makes this agreement for him/her.

6. Quality of Content and Training

7. Tester agrees to insure that any comments or data provided to EdUGames is correct, error free and does not contain any inflammatory language, indecency or obscenities.

8. Restrictions

8.1. Tester places no restrictions on the use of submitted material.

9. Tester Procedure

9.1. EdUGames will contact Tester by Email or post Testing Assignments on the EdUGames Assignments Page.

9.2 Tester agrees to an Assignment by responding as required by the Assignment.

9.3. EdUGames A) Send the Tester a confirming Email, with instructions on how to obtain the material, B) includes the material with the Email or C) Has made the material available for download without a confirming Email.

9.4. The Tester is to play the material in the EdUGames program, noting any problems, errors, typos, misspellings, inconsistences or any other things that would render the material less than perfect for release to the public.

9.5 On completing the Assignment the Tester returns an evaluation log.

9.6 EdUGames provides the agreed upon free software when it is released to the public or as otherwise stipulated in the Assignment.

10. Dispute Resolution

10.1. The parties to this contract hereby agree to have any dispute, controversy or claim arising out of or relating to this contract in any manner, form or method, submitted to binding arbitration with a neutral Internet Arbitration Firm such as, or other similar firm as chosen by EdUGames.  In so agreeing, the parties expressly waive any right they may have to a bench or jury trial.  They further agree to abide by said firm's Rules of Arbitration and that the award of the arbitrator will be final and binding upon them as if rendered by a court of law, and enforceable by any court having jurisdiction over the same.  

In the event that the above arbitration requirements are, for whatever reason unenforceable, parties agree to resolve legal disputes in the Courts of the State of California.

__________________________ ________________________ ________________
------EdUGames, Date ------------Intern, Date ----------------Legal Guardian, Date