Frontrunner Playtest Agreement

In order to participate in playtests of games organised by Avalanche Studios Group, you must read and accept the terms of this PLAYTEST AGREEMENT. These terms must be accepted together with the EULA and the Privacy Notice (where applicable). By accepting this Agreement, you represent and warrant that you are 18 years of age or older. Please read this PLAYTEST AGREEMENT closely.

THIS PLAYTEST AGREEMENT (the “Agreement”) is made by and between you, the undersigned, and Avalanche Studios Group AB, corp.reg.no. 556675-1748, a Swedish corporation with offices at Västgötagatan 5, 118 27 Stockholm, Sweden (“Avalanche”).

Avalanche develops and publishes various video games and related content such as DLCs ("Games"). As an unaffiliated tester, you may from time to time be given the opportunity to playtest unreleased versions of these Games ("Playtest"). In return, you may provide feedback to Avalanche, such as highlighting bugs and glitches encountered during testing.

You understand that trust and confidentiality are essential to accessing the Games and related information, which includes Confidential Information (as defined in Section 1 below). By agreeing to these terms, you are legally bound to maintain the confidentiality of all such Confidential Information.

Therefore, by proceeding, you agree to the following terms:

Confidential Information “Confidential Information” means any information, technical data, trade secrets or know-how of Avalanche (whether disclosed before or after the date of this Agreement), including, but not limited to, the Games, designs, graphics, rules, playing strategies, artwork, visual depictions, plot, theme, setting, characters, characterizations, skills, marketing and promotional plans, products, services, software, information relating to business and product or service plans, financial projections, patents, patent applications, computer object or source code, research, inventions, processes, designs, drawings, engineering, finance, concepts, testing protocols, processes and standards relating to the Games or to current, future or proposed products or services etc. regardless of whether such information is designated as confidential. Confidential Information does not include any information which: you already possess without any obligation to keep it confidential (and can prove this with your existing records); becomes publicly available through no fault of your own; is rightfully disclosed to you by someone else who is not bound by confidentiality agreements; or Avalanche has given written permission to release publicly.

Duty and Maintenance of Confidentiality You agree to use the Confidential Information only for the purpose of this Agreement. You will not disclose or permit disclosure of any Confidential Information to any third party. You agree that you will take all reasonable measures to protect the secrecy of the Confidential Information in order to prevent it from falling into the public domain or the possession of unauthorized persons. You shall promptly advise Avalanche in writing if you become aware of any misappropriation or misuse by any person of the Game or Confidential Information. Any materials or documents containing Confidential Information, which have been or may be furnished by Avalanche to you or reproduced or developed by you based on Confidential Information, will be promptly returned to Avalanche upon request. Without limiting the generality of the foregoing, you shall be strictly prohibited from recording, broadcasting, publishing, or making the Games and related materials - wholly or partially – available publicly, by way of example via social media such as Twitch, YouTube, Facebook or Instagram, nor may you let any third person access or see the Games.

License For the duration of any Playtest, Avalanche grants you a limited, personal, non-assignable, non-exclusive, non-transferable license to use the Game solely for the purposes of this Agreement. Any use of a Game or other materials provided to you as part of a Playtest not expressly permitted under this Agreement is strictly prohibited.

Feedback As part of a Playtest, Avalanche may request suggestions, feedback, commentary, or other statements regarding a Game (“Feedback"). You shall be solely responsible for all Feedback that you provide. You hereby assign to Avalanche all right, title, and interest in and to all Feedback provided to Avalanche, and you waive all proprietary and moral rights.

Ownership The Games and any related materials and any Confidential Information is and shall at all times remain the exclusive property of Avalanche and/or its licensors. Except as otherwise explicitly stated in this Agreement, Avalanche grants no license or any other type of right, title or interest whatsoever in or to the Games, any related materials, or Confidential Information.

Remedy You acknowledge and agree that the Games and Confidential Information constitute valuable trade secrets of Avalanche and that any unauthorized reproduction, use, and/or disclosure of such materials by you shall cause Avalanche irreparable harm for which its remedies at law would be inadequate. You agree that Avalanche shall be entitled, in addition to any other remedies available to it at law or in equity, to seek injunctive relief to prevent the breach or threatened breach of any of your obligations hereunder.

No Warranty; Limitation of Liability THE GAMES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, AVALANCHE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AVALANCHE DOES NOT WARRANT THAT OPERATION OF THE GAMES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAMES WILL WORK PROPERLY ON ALL DEVICES. AVALANCHE WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PLAYTEST, OR THE GAMES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER AVALANCHE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

Term and Termination This Agreement shall come into effect upon your acceptance of it, and shall remain in force until terminated by either party. Avalanche may terminate this Agreement, or your participation in any individual Playtests, at any time. For the avoidance of doubt, this Agreement covers any present and future Playtests you participate in, until the Agreement is terminated. Your notice of termination of this Agreement must be sent to frontrunners@avalanchestudios.se. Sections 1, 2, 4-6 and 9 shall survive any termination or expiration of this Agreement.

Miscellaneous This Agreement (together with EULA and Privacy Notice) constitutes the entire agreement between the parties related to the Playtests and supersedes all prior oral and written negotiations, commitments, and understandings of the parties. This Agreement is personal to you and you shall not assign or otherwise transfer any rights or obligations under this Agreement. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected. This Agreement, and any non-contractual obligations arising out of or in connection herewith, shall be construed in accordance with and governed by Swedish law, excluding its conflict of law principles. Any dispute, controversy or claim (contractual or non-contractual) arising out of or in connection with this Agreement shall be finally settled in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator. The arbitration proceedings shall be held in Stockholm, Sweden, and the arbitration proceedings shall be conducted in the English language.

You confirm that by signing this Agreement electronically and/or clicking a button confirming acceptance hereof, you fully accept the terms of this Agreement.

Date: _________________________________

Signature: ____________________________

Full name: ____________________________