Evocati Test Flight Confidentiality Agreement

The undersigned, ____________, [you or Tester (your real name)], residing at

_________________________________________________________ (physical address), and
Roberts Space Industries Corp., on behalf of itself and its affiliate, Roberts Space Industries
International, Ltd. (collectively, RSI) hereby agree as follows:

1) Reference is made to the End User License Agreement (EULA) and the Terms of Service
(TOS) posted on the date hereof on the website Robertsspaceindustries.com with respect to
your territory. You hereby expressly confirm that you have read and agreed to the terms of the
EULA and the TOS. All capitalized terms herein shall have the meaning as defined in the TOS
and/or the EULA, unless defined separately herein.
2) In consideration of RSI granting early access to the Evocati Materials as defined in Paragraph 3,
you hereby agree to become a Tester as referred to in Sec. XVI of the TOS to participate in
RSIs closed Evocati Test Flight Program (hereinafter, Evocati). This agreement constitutes
the Confidentiality Agreement referred to in Sec. XVI of the TOS.
3) Confidentiality: You understand and hereby agree that all Pre-Release Materials in connection
with Evocati, and all information and results of the Evocati Pre-Release Test provided by you,
RSI, or any other party (Evocati Material) are confidential and proprietary information of RSI.
You further agree as a condition of participating in Evocati, (i) to not copy or reproduce the
Evocati Material, (ii) to safeguard the Evocati Material and prevent any unauthorized access to,
reproduction of, disclosure of and/or unauthorized use of, the Evocati Material, (iii) to not
disclose any information, including feedback, bug reports, footage or video/screen capture of
the Evocati Material to anyone except RSI, (iv) to carry out any testing or participation
personally and to not provide access to Evocati Material to any other person.
4) You understand that pursuant to Section XVI of the TOS, a breach of this Confidentiality
Agreement constitutes a breach of the TOS and may result in disciplinary action against your
account. You further agree that a breach of any of the above obligations will cause irreparable
harm to RSI, and RSI is entitled to (in addition to any other remedies available to it), ex parte
injunctive relief without bond to prevent the breach or threatened breach of your obligations
under this Confidentiality Agreement or the TOS and/or EULA. Your obligation to keep the
Evocati Materials confidential will continue until such time and to the extent that RSI makes
such materials publicly available.
5) You further acknowledge and agree to the following terms and conditions:
a. Your participation in Evocati shall be solely for the purpose of identifying program errors
and to provide feedback and suggestions regarding your experiences to RSI while
reviewing and evaluating Evocati Material. You specifically acknowledge and agree that
you understand the nature of Alpha or Beta testing, i.e. that you may experience bugs,

crashes, and the like, and that Evocati Material is subject to revision and redesign
between patches, releases, or other events. You agree that while your participation
involves providing feedback, reporting, and data to RSI, all game design decisions lie
within the sole discretion of RSI and its affiliates, and that participation in Evocati
confers no control or authority over RSI or the development of the Game.
b. You agree not to manufacture, distribute, or engage in any commercial use or otherwise
exploit any product incorporating any content or assets from the Evocati Material. This
Confidentiality Agreement grants no rights, privileges, licenses, or permissions to use or
make derivative works from any other property of RSI, including any IP.
c. You agree not to use the Evocati Material (or any other intellectual property owned by
RSI or its affiliates) or your participation in Evocati in any manner that (i) violates this
Confidentiality Agreement, (ii) may disparage RSI or any of its affiliates, or the Licensed
IP or other RSI intellectual property; (iii) may impair the validity, scope, title or goodwill
of RSI and its affiliates or the Licensed IP or other RSI intellectual property; (iv) may libel
or slander any person or entity, or violate or infringe upon any right, common law or
otherwise, of any party, including RSI and its affiliates.
d. You acknowledge that this Confidentiality Agreement in no way implies sponsorship or
certification by RSI of you, and that you may not hold yourself out or represent yourself
as an employee, agent, or affiliate of RSI.
e. You understand that Evocati is rolled out to limited numbers of Evocati participants at a
time, and that RSI reserves the right to allocate, de-allocate, and select different
numbers and different subgroups of Testers to suit the needs and circumstances of each
test run at its sole judgment and discretion.
6) Priority: In the case of any conflict between the provisions of this Confidentiality Agreement and
the TOS, the terms within this Confidentiality Agreement shall apply and take precedence.
7) Termination: RSI shall be entitled to revoke and/or terminate this Confidentiality Agreement at
any time for any reason or no reason in its sole discretion and at its convenience by giving notice
via email and/or by a denial of access to Evocati Material. Upon the termination of this
Confidentiality Agreement, you shall immediately cease to use the Evocati Material and delete it
from your computers and any storage. Paragraph 3 hereof will survive Termination and remain
effective indefinitely.
8) Failure by RSI to enforce any provision of this Confidentiality Agreement shall not constitute a
waiver of any term hereof. A waiver given on any one occasion is effective only in that instance
and will not be construed as a waiver of any right on any other occasion. If any provision of this
Confidentiality Agreement shall be held by a court of competent jurisdiction to be illegal, invalid
or unenforceable, the remaining provisions shall remain in full force and effect.

9) All notices pursuant to this agreement may be delivered electronically via email to the email
addresses indicated herein. Any amendments to this agreement, or any waiver or stipulation
pursuant hereto must be in writing and signed on behalf of each party, and may be executed in
counterparts with each such counterpart constituting an original and altogether one and the
same document. Executed copies thereof transmitted electronically (by either Tagged Image
Format Files or Portable Document Format) shall be treated as originals with full legally binding
force and effect.

[NAME]

Roberts Space Industries Corp.

Signature: ______________________________

Signature: ___________________________

Address:
_______________________________________
[email/phone contact]

Name: ______________________________
Title: ______________________________
All legal notices and communications to be
addressed to:
evocati@cloudimperiumgames.com

INSERT SCAN OF OFFICIAL IDENTIFICATION ON NEXT PAGE!

INSERT SCAN OF OFFICIAL IDENTIFICATION BELOW THIS LINE:

---------------------------------------------------------------------------