Beta Test User Agreement

This Beta Test User Agreement (the “Agreement”) is made between you and Possible Reality, Inc., a Delaware corporation (“Possible Reality”) regarding your use of the beta version of its mobile application (the “App”).

  1. GRANT OF LICENSE. Possibly Reality grants you the limited, revocable right and license to use the App for the limited purpose of testing and evaluating the App in its current form. Except for the foregoing license, you will have no special rights or privileges with regard to the App, and you acknowledge that the App itself and any points, currency, equipment, status, or other items accumulated during your use of the App may be changed, reset, or deleted at any time.
  2. RESTRICTIONS. You do not have the right to (i) sub-license, assign, or otherwise transfer the foregoing license or the App itself to anyone else, (ii) sell, rent, create derivative works based on the App, or make any commercial use of the App whatsoever, or (iii) reverse engineer, decompile, or disassemble the App software. The foregoing license will terminate upon the earlier of Possibly Reality's public release of the commercial version of the App or termination of this Agreement as provided below.
  3. OWNERSHIP. Possibly Reality owns all rights, including without limitation all intellectual property rights, in and to the App, all Confidential Information (as defined below), and any other materials provided to you by Possibly Reality (the “Materials”). You may not copy the App or Materials except as is necessary to exercise your rights under this Agreement. If you create any derivative works based on the App, such derivative works will be deemed Materials and Possibly Reality will exclusively own all rights in and to such derivative works.
  4. CONFIDENTIALITY. You agree not to disclose, and to take reasonable steps to prevent any unauthorized disclosure of, any Confidential Information. As used in this Agreement, “Confidential Information” means all software (including source and object code), graphics, App mechanics, artwork, characters, storylines, concepts, specifications, and documentation embodied in or relating to the App, all Materials, and all nonpublic information relating to Possibly Reality, its business, plans, or strategies.
  5. PRE-RELEASE CODE. You acknowledge that the App is a beta product consisting of pre-release code, documentation, and specifications, and is not at the level of performance and compatibility of the final, generally available product offering. Use of the App is at your own risk, and the App may contain known or unknown bugs that may be potentially damaging to your device(s) and/or software.
  6. DISCLAIMER. POSSIBLY REALITY PROVIDES THE APP AND MATERIALS “AS-IS”, AND DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTIBILITY, FITNESS FOR PARTICULAR PURPOSE, AND NONINFRINGEMENT. Possibly Reality DOES NOT GUARANTEE THAT THE APP WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
  7. LIMITATION OF LIABILITY. YOU AGREE THAT POSSIBLY REALITY WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, RELATING TO YOUR USE OF THE APP AND/OR MATERIALS AS PROVIDED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. REGARDLESS, POSSIBLY REALITY’S MAXIMUM LIABILITY HEREUNDER SHALL BE LIMITED TO $100.
  8. TERMINATION. Either party may terminate this Agreement in writing (email sufficient) at any time, with or without cause. Upon termination, you shall immediately return, or certify destruction of, all full or partial copies of the App and all Confidential Information. Notwithstanding anything to the contrary herein, the terms of Sections 2 through 7 shall remain in effect indefinitely after termination.
  9. NO OBLIGATION. This Agreement does not obligate Possibly Reality to proceed with development of the App or to commercially release the App. The App may be substantially modified prior to first commercial release.
  10. MISCELLANEOUS. This Agreement is the complete agreement between the parties regarding its subject matter, and supersedes all other previous agreements, written or oral. To the extent of any conflict between any Terms of Use or similar agreement, this Agreement will control. This Agreement and all performance under this Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles. In any dispute relating to this Agreement, the parties hereto admit venue and submit themselves to the exclusive jurisdiction of the state or federal courts located in Los Angeles, California. Your remedies hereunder shall be limited to an action at law for damages, and you hereby waive your rights to injunctive or other equitable relief. If any part of this Agreement is deemed unenforceable by a proper court, the unenforceable provision will be deemed modified to the minimum extent necessary to render it enforceable.