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Bungie Aerospace Corporation Submission Agreement

This is the agreement (“Agreement”) by and between Bungie Aerospace Corporation, a Delaware corporation with offices located at Suite 207, 550 106th Avenue NE, Bellevue WA 98004-5088 ("Company"), and the designer or developer who clicks through at the “I ACCEPT” button below ("Submitter").

The Submitter desires to furnish Company with one or more concepts, designs, prototypes, demos, software, or other literary, audio, graphic, or audio-visual assets all related to one or more proposed videogame development projects (any of the foregoing, jointly or severally, the "Material") for purposes of review and consideration for development assistance by Company, or for purposes of developing interest by Company to enter into one or more business relationships with Submitter.

It is a material condition to Company's acceptance of the Material for review and consideration (but for Submitter’s agreement to the following, Company would not accept any Material), that Submitter agree to the following terms and conditions:

  1. During the period in which the Material is in its possession, Company shall take its standard steps to keep the Material confidential. Company agrees to take security precautions of at least the same degree of care that it takes to protect its own similar confidential materials. Notwithstanding the previous two sentences: (i) Company may disclose Material to its employees or contractors, as it deems necessary, for purposes of its evaluation; and (ii) Company or any of its affiliates may disclose all or a portion of the Material if requested or required in connection with litigation, civil investigative demand, or similar process.
  2. For the purposes of this Agreement, no part of the Material will be treated as confidential, and the requirements set forth in Section 1 above will not apply if the Material or any portion: (a) has previously been disclosed to Company with no obligation to keep it confidential; (b) has previously been independently developed by Company or any affiliate of Company; (c) was or hereafter becomes part of information made known to the public; (d) hereafter becomes available to Company on a non-confidential basis from a third party which, in Company's reasonable belief, is not at the time such Material is provided to Company, under any conflicting legal obligation to Submitter; or (e) is not protected under United States copyright law.
  3. Submitter acknowledges that Company, its corporate parent, and/or affiliates is/are engaged in extensive and ongoing research and development in many areas, including without limitation ongoing development of interactive software games and other materials for the consumer marketplace. Submitter further acknowledges that in the course of its business Company, its corporate parent, and affiliates receive from others, including other submitters, its or their own employees and contractors, numerous submissions of concepts, ideas, and designs, and that Company, its corporate patent and/or affiliates may have developed or may in the future develop materials, or may have received or may in the future receive submissions of materials, similar or identical to those presented to Company by Submitter. Submitter understands that Submitter will not be entitled to any recognition or other consideration for any submitted materials nor will Submitter be entitled to recognition or consideration because of the use by Company, its corporate parent, or any of its affiliates of any such similar or identical material; provided, for clarity, Company will not use Material provided by Submitter unless it first enters into a further agreement with Submitter governing such use.
  4. Submitter represents and warrants that (i) all Material is an original work of authorship created by Submitter; (ii) Submitter has the exclusive, unconditional right and authority to submit to Company the Material and the rights granted herein, (iii) no use of Material as provided herein by Company or its designee(s) will infringe upon or violate the rights (either tangible or intangible) of any third party; (iv) Submitter has the right and authority to enter into this Agreement with Company and (v) no outstanding agreements exist, whether written or oral, which are inconsistent with any of the provisions of this Agreement.
  5. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to the conflicts of law principles thereof. Any action arising out of this Agreement will be brought only in the State of Federal Courts located in King County, Washington, and Submitter expressly consents to the exclusive jurisdiction of the foregoing courts.
  6. This Agreement constitutes the entire understanding of the parties. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by each of the parties hereto.
  7. In the event one party brings an action against the other arising out of an alleged breach of this Agreement, each party will be responsible for its own costs and expenses (including but not limited to attorneys fees and costs) incurred in connection with its prosecution or defense of the action, as applicable.
  8. In the event that any provision of this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or unenforceability of the other provisions of this Agreement, it being hereby agreed that such provisions are severable and that this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
  9. It is a material provision of this Agreement that Submitter represents to Company that he or she is over the age of 18 and fully authorized and capable of entering into this Agreement and being legally bound thereby. But for Submitter making this foregoing representation to Company, Company would not enter into the Agreement with Submitter.

IN WITNESS WHEREOF, the parties hereto enter into this fully binding and enforceable agreement on the date that Submitter clicks the button below.