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.
3.1. The following documents are included and made part of this contract.
3.1.1. EdUGames Dictionary of Terms
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
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.
8.1. 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
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 www.squaretrade.com, www.arbitration-forum.com 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.
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
__________________________ ________________________ ________________
------EdUGames, Date ------------Intern, Date ----------------Legal Guardian, Date