Confidential Pre-Release Testing Agreement
These Terms apply to any confidential testing of pre-release software (including alpha and beta testing) operated by Sony Interactive Entertainment Europe Limited of 10 Great Marlborough Street, London, W1F 7LP, UK ("Testing"). Your participation in any Testing and use of the pre-release software is subject to these Terms which form a binding agreement between you and us.
1. The Testing will be conducted in English. The game code, in-game news and updates, and any communication from us will be in English and your feedback must be provided in English.
2. You must be over 18 years of age and have an adult account for PSN to take part in the Testing.
3. You must keep confidential all information relating to the pre-release software and the Testing. You must not discuss the Testing or pre-release software with anyone except us and other people taking part in the Testing ("Testers"). You may only discuss the Testing and pre-release software with Testers via our official Testing forum and the in-game communication features within the pre-release software. In particular, you must not discuss the Testing or pre-release software with anyone associated with a competing videogame format or publisher, a news or information service (whether television, magazine, newspaper or otherwise) or in any online forum or chat room, other than our official Testing forum. Any codes or passwords which give access to pre-release software or Testing forums are personal to you and must not be shared with anyone else.
4. You must keep the pre-release software secure and in good condition. You are licensed to use the pre-release software on a non-exclusive, revocable, non-transferable, limited basis and you must only use it for the Testing. You must not copy the pre-release software, give or sell it to anyone, try to reverse engineer it, nor use it to create derivative works.
5. At all times during the Testing you must act lawfully, with respect towards other Testers. The PSN Terms of Service and User Agreement and Software Usage Terms apply to your participation in the Testing and use of the pre-release software, including any user generated content (“UGC”) you create during Testing (see www.playstation.com/legal/PSNTerms). Any UGC you create during Testing may be carried forward to subsequent pre-release versions of the software or to the released version of the software, but we do not guarantee this.
6. From time to time during the Testing we may modify the pre-release software and related content and services automatically and without notice. Modifications may cause loss of data or content and loss of function or utility. You hereby authorise us to make all such modifications and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.
8. You agree that your suggestions for improvements, enhancements and other changes to the pre-release software, and our other products and services, and any material which you provide to us during the Testing, will belong to us and may be implemented by us, in whole or in part, without any payment or other compensation to you or anyone else. If your suggestions are not your own original ideas, please do not submit them.
9. We reserve the right to suspend or cancel any Testing or your access to any pre-release software at any time in our absolute discretion. If we believe that you are in breach of any of these Terms or any other relevant terms, we may terminate your participation in any Testing and the Testing community or suspend or ban your account for PSN.
10. To the extent permitted by applicable law, these Terms shall be construed and interpreted in accordance with the laws of England and the contract between you and us shall be deemed to have been formed and performed in England. We may assign our rights and obligations under these Terms to any of our affiliates and sub-contractors without your consent provided that such assignment does not adversely affect your rights under these Terms.
Confidential Pre-Release Testing Agreement Version 3: November 2018
Please also note the following additional terms for SIEE Internal Pre-Release Software Testing:
a. You must use the pre-release software responsibly and conduct yourself with common sense and courtesy when taking part in the Testing.
b. The Testing, the pre-release software and all information learned and ideas generated through participation in the Testing are confidential business secrets of SIEE and should be treated and maintained as confidential, as required by your contract of employment and/or the NDA that you have signed with SIEE. Amongst other things, it would be a breach of those contracts to post information or footage from the Testing on public websites or to talk to the media. If you are participating in the Testing, please post your feedback only through the feedback mechanisms that will be provided during the Testing.
c. Places are limited and not everyone who expresses an interest will be able to take part.
d. Participants must be permanent employees and contractors who have already worked exclusively at SIEE for a minimum of 6 months or who are employed on a contract for a minimum of 12 month. Your access to the Testing will end if you stop working for SIEE.
e. If a recommendation is being made to invite a family or friend, you are responsible for inviting someone who you know will appreciate it and who wants to be an active and positive participant in the Testing.