Double Stallion Games
Surfpunk Playester Confidentiality Agreement
THIS DOCUMENT IS BINDING FOR INDIVIDUALS PARTICIPATING IN THE TESTING OF “SURFPUNK,” WHICH IS CURRENTLY IN A DEVELOPMENTAL STAGE. AS A PARTICIPANT, YOU ARE REQUIRED TO MAINTAIN STRICT CONFIDENTIALITY AS OUTLINED IN SECTION 1.2 UNTIL THE OFFICIAL PUBLIC RELEASE OF THE GAME.
PLEASE CAREFULLY REVIEW THIS PLAYTEST PARTICIPATION AGREEMENT (“AGREEMENT”). THIS AGREEMENT IS A LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND DOUBLE STALLION GAMES (“DOUBLE STALLION,” “WE,” “US,” OR “OUR”). BY ACCESSING, DOWNLOADING, OR USING THE PLAYTEST VERSION OF “SURFPUNK” (THE “GAME”) IN ANY MANNER, AND BY CLICKING THE “I ACCEPT” BUTTON OR COMPLETING THE REGISTRATION PROCESS, YOU AFFIRM THAT: (1) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (2) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT WITH DOUBLE STALLION; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE DESIGNATED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE NATURAL PERSON OR THE LEGAL ENTITY THAT WILL PARTICIPATE IN THE PLAYTESTING, AS APPLICABLE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THE GAME OR ANY RELATED SERVICES. THIS IS AN EXCLUSIVE INVITATION-ONLY PROGRAM, AND YOU MAY NOT TRANSFER OR DISTRIBUTE YOUR INVITATION TO ANY OTHER PARTY.
BE ADVISED THAT SECTION 13 (RESOLUTION OF DISPUTES) IN THIS AGREEMENT DETAILS THE PROCEDURES FOR RESOLVING DISPUTES BETWEEN YOU AND US, INCLUDING ANY DISPUTES ARISING PRIOR TO THE SIGNING OF THIS AGREEMENT. SPECIFICALLY, IT INCLUDES AN ARBITRATION AGREEMENT WHICH, WITH LIMITED EXCEPTIONS, REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL BE LIMITED TO PURSUING CLAIMS AND SEEKING RELIEF AGAINST US ON AN INDIVIDUAL BASIS ONLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO A JURY TRIAL.
2. GAME USAGE TERMS
You are granted temporary access to Surfpunk for the sole purpose of participating in its playtesting. This access is provided under a limited, non-exclusive, non-transferable license to use the game in line with this Agreement. Double Stallion Games grants you the right to download, install, and play Surfpunk on your personal device strictly for testing and feedback purposes. The decision to allow participation in the playtesting resides solely with Double Stallion Games, and may be revoked at any time.
2.1 Playtesting License: By complying with this Agreement, you are granted a revocable, non-sublicensable license to use a pre-release copy of Surfpunk on a device you own or control. This license is specifically for providing feedback on the game’s performance, identifying any issues, and suggesting improvements.
2.2 Confidentiality of Information: As part of your testing participation, you will be exposed to confidential and proprietary information that includes but is not limited to:
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- The game’s content, such as software, code, interfaces, graphics, design, compilation, and in-game text;
-
- Marketing strategies and operational protocols;
-
- Concepts, gameplay mechanics, and other intellectual property related to the development of Surfpunk.
You agree to maintain the confidentiality of all proprietary information and to use this information only for the playtesting as agreed in this contract.
2.3 Handling Confidential Information: You must not disclose any information regarding Surfpunk to third parties without express written consent from Double Stallion Games. You agree to take reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information in order to prevent it from falling into the public domain. Furthermore, you are obligated to notify Double Stallion Games immediately upon discovery of any unauthorized use or disclosure of confidential information.
2.4 Return of Materials: Any material and documentation provided during the playtest, including copies, must be returned to Double Stallion Games upon request or at the conclusion of the playtesting period.
2.5 Acceptance of Updates: Double Stallion Games may update the playtest version of Surfpunk at any time without prior notice, and you agree to promptly install any such updates in order to continue testing the game.
2.6 Restrictions on Use: You are prohibited from:
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- Selling, licensing, renting, or otherwise commercially exploiting Surfpunk;
-
- Using the game in any way that infringes upon the rights of others, including but not limited to privacy, publicity, and intellectual property rights;
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- Attempting to reverse engineer, derive source code, modify, or create derivative works from Surfpunk, except as allowed by law.
3. REGISTRATION AND ACCOUNT INTEGRITY
3.1 Exclusive Access: Access to Surfpunk and the associated playtesting is strictly by invitation and at the sole discretion of Double Stallion Games. You are expressly prohibited from sharing or transferring your invitation to participate in the playtesting without prior written consent from Double Stallion Games.
3.2 Account Setup: In order to access certain features of the game, you must become a registered user. This involves creating an account (“Account”) which you will need to maintain accurately. You affirm that the information you provide during registration and any subsequent updates are true, accurate, current, and complete.
3.3 Third-Party Account Linking: If Surfpunk supports integration with third-party services (e.g., Google, Facebook), you may link your Account with such services in accordance with their terms. You warrant that linking your Account to these services does not violate any of their terms and that you have the right to disclose your third-party account information to Double Stallion Games without breaching any of your existing agreements or obligations.
3.4 Account Security and Integrity: You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activities that occur under your account. You agree to immediately notify Double Stallion Games of any unauthorized use of your account or any other breach of security. You may not use anyone else’s account at any time without the express permission of the account holder.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1 Rights in Game Content: All rights, title, and interest in and to Surfpunk, including but not limited to copyright, trademarks, trade secrets, and all other intellectual property rights, are owned by Double Stallion Games. You agree not to copy, modify, distribute, sell, or lease any part of the game, except as expressly allowed by this Agreement.
4.2 Feedback and Contributions: Any feedback, comments, ideas, improvements, or suggestions (collectively, “Feedback”) provided by you regarding the game can be incorporated by Double Stallion Games into the game without any obligation to you. By submitting Feedback, you grant Double Stallion Games a perpetual, non-revocable, unlimited license to use, modify, adapt, publish, and distribute the Feedback for any purpose without compensation to you.
4.3 Confidentiality of Game Development: The development status, features, and functionality of Surfpunk are considered confidential information. You agree not to disclose or discuss this information with anyone outside of the authorized testing group or as otherwise directed by Double Stallion Games.
5. USER CONDUCT AND RESPONSIBILITIES
5.1 Respectful Interaction: As a tester of Surfpunk, you agree to conduct yourself in a manner that is respectful to both the game environment and other testers. Prohibited behaviors include harassment, use of offensive language, and other disruptive activities. You are expected to contribute positively to the testing environment.
5.2 Prohibited Uses: You are strictly prohibited from engaging in any activity that may harm Surfpunk or its testing environment. This includes, but is not limited to, introducing malware, exploiting game bugs for gain, and attempting unauthorized access to game servers or other testers’ accounts.
5.3 Compliance with Laws: You agree to comply with all local, state, national, and international laws and regulations applicable to your use of Surfpunk during testing. This includes respecting copyright and other intellectual property laws.
6. TERM AND TERMINATION
6.1 Term of Agreement: This Agreement becomes effective upon your acceptance and remains in effect until the end of the playtesting phase of Surfpunk unless terminated earlier by either party in accordance with these terms.
6.2 Termination by Participant: You may terminate this Agreement at any time by ceasing all use of Surfpunk and deleting all copies of the game from your devices.
6.3 Termination by Double Stallion Games: Double Stallion Games may terminate this Agreement at any time without notice if you fail to comply with any of the terms and conditions set forth herein. Upon termination, you must cease all use of Surfpunk and destroy all copies of the game.
6.4 Consequences of Termination: Termination of this Agreement will result in the immediate revocation of your access to Surfpunk. All provisions of this Agreement that by their nature should survive termination will remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
7.1 No Warranties: Surfpunk is provided on an “as is” and “as available” basis without any warranties of any kind, including that the game will meet your requirements or will be uninterrupted, timely, secure, or error-free. Double Stallion Games does not warrant the accuracy or completeness of the game or the material related to the game.
7.2 Limitation of Liability: To the fullest extent permitted by applicable law, Double Stallion Games shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to, use of, or inability to access or use Surfpunk; (b) any conduct or content of any third party related to Surfpunk; or (c) unauthorized access, use, or alteration of your transmissions or content.
8. INDEMNIFICATION
8.1 General Indemnity: You agree to indemnify, defend, and hold harmless Double Stallion Games, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Surfpunk, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. Double Stallion Games will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9. ADDITIONAL LEGAL TERMS
9.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
9.2 Arbitration: Any disputes arising out of or related to this Agreement or the use of Surfpunk will be resolved by binding arbitration in accordance with the arbitration rules of the State of California. Any such arbitration shall occur in Los Angeles, California, and shall be conducted in English.
9.3 Severability: If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
9.4 No Waiver: The failure of Double Stallion Games to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Double Stallion Games.
9.5 Modifications to Agreement: Double Stallion Games reserves the right to modify or amend this Agreement at any time, for any reason, and without notice, by posting the updated Agreement on the Surfpunk website or through the game interface. Your continued use of Surfpunk after any such changes constitutes your acceptance of the new terms.
10. ACKNOWLEDGMENT
10.1 Entire Agreement: This Agreement constitutes the entire agreement between you and Double Stallion Games regarding your participation as a playtester for Surfpunk and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent.
10.2 Agreement to Terms: By accepting this Agreement, you are acknowledging that you have read, understood, and agree to be bound by all terms of this Agreement and the game’s Privacy Policy. You acknowledge that the rights granted and obligations made hereunder to Double Stallion Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Double Stallion Games and which cannot be replaced by monetary damages alone. Accordingly, Double Stallion Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.Double Stallion Games
Surfpunk Playester Confidentiality Agreement
THIS DOCUMENT IS BINDING FOR INDIVIDUALS PARTICIPATING IN THE TESTING OF “SURFPUNK,” WHICH IS CURRENTLY IN A DEVELOPMENTAL STAGE. AS A PARTICIPANT, YOU ARE REQUIRED TO MAINTAIN STRICT CONFIDENTIALITY AS OUTLINED IN SECTION 1.2 UNTIL THE OFFICIAL PUBLIC RELEASE OF THE GAME.
PLEASE CAREFULLY REVIEW THIS PLAYTEST PARTICIPATION AGREEMENT (“AGREEMENT”). THIS AGREEMENT IS A LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND DOUBLE STALLION GAMES (“DOUBLE STALLION,” “WE,” “US,” OR “OUR”). BY ACCESSING, DOWNLOADING, OR USING THE PLAYTEST VERSION OF “SURFPUNK” (THE “GAME”) IN ANY MANNER, AND BY CLICKING THE “I ACCEPT” BUTTON OR COMPLETING THE REGISTRATION PROCESS, YOU AFFIRM THAT: (1) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (2) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT WITH DOUBLE STALLION; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE DESIGNATED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE NATURAL PERSON OR THE LEGAL ENTITY THAT WILL PARTICIPATE IN THE PLAYTESTING, AS APPLICABLE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THE GAME OR ANY RELATED SERVICES. THIS IS AN EXCLUSIVE INVITATION-ONLY PROGRAM, AND YOU MAY NOT TRANSFER OR DISTRIBUTE YOUR INVITATION TO ANY OTHER PARTY.
BE ADVISED THAT SECTION 13 (RESOLUTION OF DISPUTES) IN THIS AGREEMENT DETAILS THE PROCEDURES FOR RESOLVING DISPUTES BETWEEN YOU AND US, INCLUDING ANY DISPUTES ARISING PRIOR TO THE SIGNING OF THIS AGREEMENT. SPECIFICALLY, IT INCLUDES AN ARBITRATION AGREEMENT WHICH, WITH LIMITED EXCEPTIONS, REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL BE LIMITED TO PURSUING CLAIMS AND SEEKING RELIEF AGAINST US ON AN INDIVIDUAL BASIS ONLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO A JURY TRIAL.
2. GAME USAGE TERMS
You are granted temporary access to Surfpunk for the sole purpose of participating in its playtesting. This access is provided under a limited, non-exclusive, non-transferable license to use the game in line with this Agreement. Double Stallion Games grants you the right to download, install, and play Surfpunk on your personal device strictly for testing and feedback purposes. The decision to allow participation in the playtesting resides solely with Double Stallion Games, and may be revoked at any time.
2.1 Playtesting License: By complying with this Agreement, you are granted a revocable, non-sublicensable license to use a pre-release copy of Surfpunk on a device you own or control. This license is specifically for providing feedback on the game’s performance, identifying any issues, and suggesting improvements.
2.2 Confidentiality of Information: As part of your testing participation, you will be exposed to confidential and proprietary information that includes but is not limited to:
- The game’s content, such as software, code, interfaces, graphics, design, compilation, and in-game text;
- Marketing strategies and operational protocols;
- Concepts, gameplay mechanics, and other intellectual property related to the development of Surfpunk.
You agree to maintain the confidentiality of all proprietary information and to use this information only for the playtesting as agreed in this contract.
2.3 Handling Confidential Information: You must not disclose any information regarding Surfpunk to third parties without express written consent from Double Stallion Games. You agree to take reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information in order to prevent it from falling into the public domain. Furthermore, you are obligated to notify Double Stallion Games immediately upon discovery of any unauthorized use or disclosure of confidential information.
2.4 Return of Materials: Any material and documentation provided during the playtest, including copies, must be returned to Double Stallion Games upon request or at the conclusion of the playtesting period.
2.5 Acceptance of Updates: Double Stallion Games may update the playtest version of Surfpunk at any time without prior notice, and you agree to promptly install any such updates in order to continue testing the game.
2.6 Restrictions on Use: You are prohibited from:
- Selling, licensing, renting, or otherwise commercially exploiting Surfpunk;
- Using the game in any way that infringes upon the rights of others, including but not limited to privacy, publicity, and intellectual property rights;
- Attempting to reverse engineer, derive source code, modify, or create derivative works from Surfpunk, except as allowed by law.
3. REGISTRATION AND ACCOUNT INTEGRITY
3.1 Exclusive Access: Access to Surfpunk and the associated playtesting is strictly by invitation and at the sole discretion of Double Stallion Games. You are expressly prohibited from sharing or transferring your invitation to participate in the playtesting without prior written consent from Double Stallion Games.
3.2 Account Setup: In order to access certain features of the game, you must become a registered user. This involves creating an account (“Account”) which you will need to maintain accurately. You affirm that the information you provide during registration and any subsequent updates are true, accurate, current, and complete.
3.3 Third-Party Account Linking: If Surfpunk supports integration with third-party services (e.g., Google, Facebook), you may link your Account with such services in accordance with their terms. You warrant that linking your Account to these services does not violate any of their terms and that you have the right to disclose your third-party account information to Double Stallion Games without breaching any of your existing agreements or obligations.
3.4 Account Security and Integrity: You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activities that occur under your account. You agree to immediately notify Double Stallion Games of any unauthorized use of your account or any other breach of security. You may not use anyone else’s account at any time without the express permission of the account holder.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1 Rights in Game Content: All rights, title, and interest in and to Surfpunk, including but not limited to copyright, trademarks, trade secrets, and all other intellectual property rights, are owned by Double Stallion Games. You agree not to copy, modify, distribute, sell, or lease any part of the game, except as expressly allowed by this Agreement.
4.2 Feedback and Contributions: Any feedback, comments, ideas, improvements, or suggestions (collectively, “Feedback”) provided by you regarding the game can be incorporated by Double Stallion Games into the game without any obligation to you. By submitting Feedback, you grant Double Stallion Games a perpetual, non-revocable, unlimited license to use, modify, adapt, publish, and distribute the Feedback for any purpose without compensation to you.
4.3 Confidentiality of Game Development: The development status, features, and functionality of Surfpunk are considered confidential information. You agree not to disclose or discuss this information with anyone outside of the authorized testing group or as otherwise directed by Double Stallion Games.
5. USER CONDUCT AND RESPONSIBILITIES
5.1 Respectful Interaction: As a tester of Surfpunk, you agree to conduct yourself in a manner that is respectful to both the game environment and other testers. Prohibited behaviors include harassment, use of offensive language, and other disruptive activities. You are expected to contribute positively to the testing environment.
5.2 Prohibited Uses: You are strictly prohibited from engaging in any activity that may harm Surfpunk or its testing environment. This includes, but is not limited to, introducing malware, exploiting game bugs for gain, and attempting unauthorized access to game servers or other testers’ accounts.
5.3 Compliance with Laws: You agree to comply with all local, state, national, and international laws and regulations applicable to your use of Surfpunk during testing. This includes respecting copyright and other intellectual property laws.
6. TERM AND TERMINATION
6.1 Term of Agreement: This Agreement becomes effective upon your acceptance and remains in effect until the end of the playtesting phase of Surfpunk unless terminated earlier by either party in accordance with these terms.
6.2 Termination by Participant: You may terminate this Agreement at any time by ceasing all use of Surfpunk and deleting all copies of the game from your devices.
6.3 Termination by Double Stallion Games: Double Stallion Games may terminate this Agreement at any time without notice if you fail to comply with any of the terms and conditions set forth herein. Upon termination, you must cease all use of Surfpunk and destroy all copies of the game.
6.4 Consequences of Termination: Termination of this Agreement will result in the immediate revocation of your access to Surfpunk. All provisions of this Agreement that by their nature should survive termination will remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
7.1 No Warranties: Surfpunk is provided on an “as is” and “as available” basis without any warranties of any kind, including that the game will meet your requirements or will be uninterrupted, timely, secure, or error-free. Double Stallion Games does not warrant the accuracy or completeness of the game or the material related to the game.
7.2 Limitation of Liability: To the fullest extent permitted by applicable law, Double Stallion Games shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to, use of, or inability to access or use Surfpunk; (b) any conduct or content of any third party related to Surfpunk; or (c) unauthorized access, use, or alteration of your transmissions or content.
8. INDEMNIFICATION
8.1 General Indemnity: You agree to indemnify, defend, and hold harmless Double Stallion Games, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Surfpunk, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. Double Stallion Games will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9. ADDITIONAL LEGAL TERMS
9.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
9.2 Arbitration: Any disputes arising out of or related to this Agreement or the use of Surfpunk will be resolved by binding arbitration in accordance with the arbitration rules of the State of California. Any such arbitration shall occur in Los Angeles, California, and shall be conducted in English.
9.3 Severability: If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
9.4 No Waiver: The failure of Double Stallion Games to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Double Stallion Games.
9.5 Modifications to Agreement: Double Stallion Games reserves the right to modify or amend this Agreement at any time, for any reason, and without notice, by posting the updated Agreement on the Surfpunk website or through the game interface. Your continued use of Surfpunk after any such changes constitutes your acceptance of the new terms.
10. ACKNOWLEDGMENT
10.1 Entire Agreement: This Agreement constitutes the entire agreement between you and Double Stallion Games regarding your participation as a playtester for Surfpunk and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent.
10.2 Agreement to Terms: By accepting this Agreement, you are acknowledging that you have read, understood, and agree to be bound by all terms of this Agreement and the game’s Privacy Policy. You acknowledge that the rights granted and obligations made hereunder to Double Stallion Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Double Stallion Games and which cannot be replaced by monetary damages alone. Accordingly, Double Stallion Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.