GameKit Evaluation Agreement

Last updated: April 17, 2023

This Evaluation Agreement ("Agreement") is made and entered into as of the party indicated in the applicable online execution form to which this Agreement is linked (“you” and its variants) and Rive, Inc. (“we,” “us,” and their variants). This Agreement hereby incorporates the Terms of Service located at https://help.rive.app/legal/terms-of-service (the “Terms”). In any conflict between the Terms and this Agreement, this Agreement will control.

By clicking “I Accept” or using the Feature in any way, you are agreeing to be bound by the terms of this Agreement. Do not click “I Accept” or use the Feature if you are unwilling or unable to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions of this Agreement.

Feature: GameKit

Subject to your compliance with this Agreement and the Terms, the Feature listed above may be provided to you as part of your subscription to the Service (as defined in the Terms) for evaluation purposes from the date we provide it to you, until the earlier of (i) the end of your time as a user in good standing with the Service or (ii) the time when the Feature is withdrawn or no longer in an evaluation state, at our sole discretion (“Evaluation Period”). You will cease use of the Feature, and return or destroy any copies in your possession, after the Evaluation Period.

You agree that the Feature and any related information you learn or otherwise obtain in connection with the evaluation constitutes our “Proprietary Information.” You will hold in confidence and not disclose or, except in performing the evaluation, use any Proprietary Information. However, you shall not be obligated under this paragraph with respect to information you can document is or becomes readily publicly available without restriction through no fault of your own. Upon expiration or as otherwise requested by us, you will promptly return to us, or destroy, all items and copies containing or embodying Proprietary Information. The terms of this paragraph shall survive the expiration of this evaluation period. You may from time to time provide suggestions, comments, or other feedback to us with respect to the Feature or Service (“Feedback”). You will, and hereby do, grant to us a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. Any disclosure or use of the Feature in breach of this Agreement is an incurable material breach of the Terms.

You agree and acknowledge that, as between the parties, we and our licensors are the owners of all right, title and interest in and to the Feature, and all intellectual property rights therein, and that you shall not obtain or claim any ownership interest in the foregoing.

You acknowledge that the Feature is provided “AS IS” and we disclaim all warranties, either express or implied, with respect to the Feature. WE WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS. WE SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND OUR REASONABLE CONTROL.