PITCH CARDS END-USER LICENSE AGREEMENT
This is an end-user license agreement between Licensee and William Roy, a privately-owned company established under the laws of France, registered under number 829 864 982 RCS Marseille, and headquartered at 80 rue Marengo, 13006 Marseille, France (“Licensor”) and governs Licensee’s use of the Game, as described herein.
“Licensee” means the individual or legal entity purchasing the Game under this agreement (the “Agreement”).
WHEREAS, Licensor has developed a serious game called “Pitch Cards” and related documentation more particularly described in Schedule A attached hereto (the “Game”).
WHEREAS, Licensee wishes to use the Game under the conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Licensee and Licensor hereby agree as follows:
- ACCEPTANCE OF TERMS – GAME LICENSE
By purchasing the Game, Licensee agreed to be bound by the terms of this Agreement. If Licensee entered into this Agreement on behalf of an entity, Licensee represents that it has authority to bind that entity.
If Licensee does not have such authority or does not agree to the terms of this Agreement, neither Licensee nor the entity may use the Game and it may be returned to Licensor for a refund within thirty (30) days of the date Licensee acquired the Game. Licensee’s right to return and refund applies only if Licensee is the original end-user licensee of the Game.
Licensor hereby grants to Licensee a non-exclusive end-user license to the Game (the “License”), subject to the terms and conditions hereinafter set forth. This License is effective when executed by both parties and the license granted to the Game remains in force until Licensee stops using the Game or until Licensor terminates this License because of Licensee’s failure to comply with any of its terms and conditions.
- LICENSE FEE – DELIVERY
The fee for the License granted to Licensee herein amounts to twenty-seven euros (EUR 27), and may not be refunded, in whole or in part, in the event of termination by any party.
Within thirty (30) days of the purchase of the Game by Licensee, Licensor shall deliver to Licensee’s premises, as indicated in Licensee’s order, the required number of copies of the Game.
- LICENSEE’S RIGHTS AND OBLIGATIONS
The Game is protected by French copyright laws and international treaties. Licensee must treat the Game like any other copyrighted material.
Licensee may not:
- Copy the Game;
- Modify or adapt the Game or merge it into another game;
- Place the Game onto a server so that it is accessible via a pubic network such as the Internet;
- Offer any services, commercial or other, to third parties based directly or indirectly, wholly or in part, on the Game;
- Sublicense, rent, lease or lend any portion of the Game.
- LICENSOR’S REPRESENTATIONS AND WARRANTIES
Licensor hereby represents and warrants to Licensee that:
- Licensor is the owner of all rights, titles and interests, including copyrights, in the Game;
- Licensor has not granted any rights or licenses to the Game that would conflict with Licensor’s obligations under this Agreement;
- Licensor will not enter into any agreement with any third party which would affect Licensee’s rights under this Agreement, or bind Licensee to any third party, without Licensee’s prior written consent;
- Licensee’s use of the Game as authorized by this Agreement will not infringe any existing copyright, trade secret, patent or trademark rights of any third party.
- TITLE TO GAME
Licensor retains title to and ownership of the Game and all enhancements, modifications and updates of the Game.
Licensee will make no efforts to modify the Game, or make any modifications or enhancements without Licensor’s express written consent.
- TERMINATION – RETURN OR DESTRUCTION OF GAME UPON TERMINATION
This Agreement takes effect upon Licensee’s purchase of the Game and remains effective until terminated.
Licensor shall have the right to immediately terminate the License if Licensee fails to perform any obligation required of Licensee under this Agreement or if Licensee becomes bankrupt or insolvent.
Licensee may terminate the License at any time by destroying all copies of the Game in its possession. The License will also automatically terminate if Licensee fails to comply with any term or condition of this Agreement. Upon termination of the License, Licensee shall return to Licensor or destroy the original and all copies of the Game including partial copies and modifications.
Licensee agrees to indemnify and hold harmless Licensor and its subsidiaries or affiliates under its control, and their directors, officers, employees and agents, against any and all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or related to any claim that Licensee’s use or possession of the Game, or the license granted hereunder, infringes or violates the copyright, trade secret or other proprietary right of any third party. Licensee shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing, provided that Licensor gives Licensee prompt notice of any such claim of which it learns.
- LIMITED LIABILITY
In no event will Licensor be liable to Licensee for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the Game (even if Licensor or an authorized dealer or distributor has been advised of the possibility of these damages, or for any claim by any other party).
Unless otherwise expressly stated herein, Licensor shall not be liable to Licensee for any consequential damages arising out of Licensor’s breach of this Agreement.
- GOVERNING LAW – CONSENT TO JURISDICTION AND VENUE
This Agreement shall be governed by and construed under the laws of France.
Licensee consents and agrees that all legal proceedings relating to the subject matter of this Agreement shall be maintained in the commercial court sitting in Marseille, France, and Licensee consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts.
- SEVERABILITY – NO WAIVER
If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
- COMPLETE AGREEMENT
This Agreement sets forth the entire understanding of the parties as to its subject matter and may not be modified except in a writing executed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date of Licensee’s purchase, with full knowledge of its content and significance and intending to be legally bound by the terms hereof.
Pitch Cards is a serious game, i.e. a game that will educate its players on a specific topic, in this case, public speaking and in particular pitching ideas, concepts, companies in front of an audience.
To achieve this goal Pitch Cards is divided in two decks of cards, one called “the Game” and the other called “the Method”. Each deck of cards is composed of 56 cards each having a unique, protected design.
The Game deck is composed of 3 types of cards, the drinking game rules, the constraints and the key words.
To play the game, you have to pick 2 keywords and one constraint, then, alone or with a team of players, you have to create the best startup pitch possible while respecting the constraint and the keywords.
You can decide of a time limit for preparing your pitch like 10 minutes and then reduce this prep time. Or you can decide to take extra time and create a keynote about your cards.
You can use this deck independently from the Method game deck or in addition of it.
The Method deck is composed of 4 types of cards: Pitch craft, Stage craft, Performance, Structure. Each card asks a question that will help the player improve their public speaking skills.
You can use it in addition of the Game deck, it’ll help improve your skills or you can use it to prepare a speech by going through the cards and check if you have your ideas in marching order.
As a non-exhaustive list, here are the multiples uses a licensed professional can have of Pitch Cards:
- Creative warm up
- Ice breaking game
- Teaching tool
- Training method
- Team building activity