UNTAMED ISLES GAME TESTING AGREEMENT

THIS GAME TESTING AGREEMENT DESCRIBES THE TERMS BY WHICH YOU ARE OFFERED ACCESS TO AN ACCOUNT (THE “ACCOUNT”) TO PLAY A PRE-RELEASE PRODUCT BEING DEVELOPED BY PHAT LOOT STUDIOS (“PLS”), CURRENTLY KNOWN AS UNTAMED ISLES (THE “GAME”), SOLELY AS PART OF THIS CLOSED BETA TESTING PROGRAM.

You acknowledge and agree that Phat Loot Studios is the holder of intellectual property rights in the Game and as such shall have the independent right to enforce any provision of this Agreement.

BY PRESSING THE “I ACCEPT” BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY PRESSING THE “DECLINE” BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU SHOULD CONTACT PHAT LOOT STUDIOS REGARDING REMOVAL FROM THIS GAME TESTING PROGRAM.

In the event you choose not to accept this Agreement or by technical means can bypass/disable the “I ACCEPT BUTTON”, by installing, copying, downloading, accessing or otherwise using the Game, you shall be deemed to have agreed to be bound by the terms of this Agreement. Further, you hereby acknowledge that you choose to accept and be bound by the terms of this Agreement every time you enter or re-enter the Game. If you do not agree to the terms of this Agreement, do not install or use the Game.

In order to participate in this Game Testing Program for the Game, you must read and accept the terms of the agreement below. Please read the GAME TESTING AGREEMENT closely.

GAME TESTING AGREEMENT (the “Agreement”)

PLS is currently developing a software product under the working title, “Untamed Isles” (the “Game”). PLS has established a closed cohort testing program (the “Game Program”) to, among other things, allow a limited number of people to give feedback and comments to PLS, regarding the Game (including any versions thereof) as well as to test, at PLS’s sole discretion, the features, capabilities and performance of any other software or materials as may be provided by PLS as part of this Game Program (the “Game Software”). Collectively the Game and Game Software are referred to as the “Game Materials” in this Agreement. In order to participate in the Game Program, you must agree to the following provisions:

(A) You further represent and warrant that you are not a principal, employee, supplier, independent contractor, officer or director of any competing entity that develops, manufactures or publishes video or computer games. You represent and warrant that you are entering into this Agreement on a completely voluntary basis with no expectation of any form of compensation or remuneration whatsoever other than what is expressly provided for in this Agreement.

(B) You acknowledge that the Game Program shall run from the time you install, copy, download, access or otherwise use the Game Materials, and shall end upon the expiration of the Game Program, unless otherwise extended or terminated unilaterally by PLS at PLS’s sole discretion. Furthermore, PLS may, in its sole discretion for any reason and at any time during the Game Program terminate your participation therein without any form of compensation due to you whatsoever for this termination.

(C) PLS may, in its sole discretion, terminate the Game Program at any time.

(D) You agree that your participation in the Game Program does not constitute an employment Agreement or offer of such an agreement, between you and PLS and that PLS does not ask and/or require you to work a certain number of hours, shifts, etc. as part of your participation in the program and that your participation in the program is strictly voluntary and done solely for your personal enjoyment; and, further that PLS expects you only to use your leisure time to participate in this program, and does not expect you to forego other activities, including gainful employment, during the time you spend participating in this voluntary program. You may stop being a volunteer tester of the Game at any time that you wish.

(E) You agree that PLS is not providing you with any hardware to run PLS’s software or connect to PLS’s servers.

(F) You agree that while the role you will play in helping PLS develop better software is helpful;, it does not constitute a critical or vital role in the development of the Game or Game Software such as to entitle you to any claims of ownership or rights to receive any other compensation of any kind for your participation.

(G) You acknowledge and agree that all items acquired during the Game Program are non-refundable and non-tradable.

(H) You acknowledge and agree that PLS reserves the right to change/add/remove items collected or updated, modify or remove any items in the Game at any time and without warning.

(I) You acknowledge and agree that items acquired during the Game Program cannot be used in the commercial version of the Game.

(G) You agree to all of the terms of the Agreement set forth below.

1. License Grant. Conditioned upon your acceptance of the terms and conditions herein, or in the event that you receive and use the Game Materials from PLS, you are granted the revocable, limited right to install the Game Materials onto your computer(s) (but you will only have one (1) Account) for the sole purpose of evaluating the Game Materials as permitted under Section 1.3 below as part of the Game Program. You may only use the Game Materials for the purposes set forth in Section 1.3 and 1.4 below and may not use, copy, modify, sell, lease, rent, distribute, transfer or disclose any part of the Game Materials except as provided in this Agreement. All other rights are reserved to PLS.

1.1 License Restrictions. You shall not:

  1. Sublicense to, transfer, distribute or permit use of the Game Materials by, any third party;
  2. Reverse engineer, decompile, or disassemble the Game Materials;
  3. Make copies of the Game Materials;
  4. Utilize the Game Materials to create other computer programs for any reason;
  5. Share your Account with any third party.

1.2 Indemnification. You: (a) agree to indemnify, defend and hold PLS harmless from and against all claims, losses, liabilities, damages, expenses, and costs (including, without limitation, reasonable fees for attorneys and expert witnesses) which result from any breach or alleged breach of any of your covenants, representations, warranties or obligations herein; and (b) hereby release, PLS and direct and indirect parents, subsidiaries, affiliates and sister corporations, and their respective officers, directors, employees and agents, from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with the use of the Game Materials and/or your participation in the Game Program.

1.3 Testing and Evaluation Obligations. You hereby agree to perform all of the following obligations in connection with this Game Program: (a) to test, evaluate and analyze the Game and specific aspects of it as identified by PLS to you; (b) to comply with the reasonable requests of PLS from time to time regarding testing; and (c) to provide feedback, analysis, suggestions and comments to PLS (including, but not limited to, bug reports and test results) as reasonably requested by PLS, or as otherwise voluntarily provided by you (collectively, “Feedback”). ALL OF YOUR FEEDBACK SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF PLS AND/OR ITS LICENSORS OR LICENSEES, AND YOU HEREBY ASSIGN ALL OF YOUR RIGHT, TITLE AND INTEREST IN THE FEEDBACK, AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO TO PLS AND/OR ITS LICENSORS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT PLS AND/OR ITS LICENSORS OR LICENSEES SHALL HAVE THE PERPETUAL AND IRREVOCABLE RIGHT TO USE, MODIFY, AND OTHERWISE EXPLOIT ALL OR PART OF THE YOUR FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO YOU. You hereby represent and warrant that you have the right to enter into this Agreement and to assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.

1.4 Personally Identifiable Information; Monitoring; Privacy Issues. You may be required to provide to PLS, as a condition to testing the Game Materials, certain personally identifiable information including but not limited to name, date of birth, legal residence, telephone number, computer hardware specifications (including but not limited to video card(s), motherboard, RAM, hard drive size and type, and processor) and computer software specifications (including but not limited to operating system and cheat programs) (“Personal Information”). PLS’s retention and use of all Personal Information shall be subject to the privacy policy posted on https://untamedisles.com/privacy-policy/, as that policy may be updated from time to time. 

2 Confidentiality

2.1 Confidential Information Defined. “Confidential Information” shall mean (a) any and all information relating to, contained in or relayed through the Game Software, the Game, and the Game Program, including, without limitation, information relating to: (i) the performance, capabilities and contents of the Game Materials, (ii) your Feedback, (iii) any other Game Program participant’s Feedback, and (iv) any PLS employee’s feedback and comments, (b) the existence and terms of this Agreement. Your obligation to keep the Game Materials confidential will continue until PLS publicly discloses to the public through no fault of yours (or any third party not affiliated with PLS or Untamed Isles) such Confidential Information.

2.2 Confidentiality Obligation. You shall keep the Confidential Information in confidence and shall not publish, disclose, distribute, transmit, post or otherwise make available, directly or indirectly, any Confidential Information to any third party except as otherwise expressly set forth herein. However, you may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that: (a) you give PLS prompt written notice of such order so PLS has opportunity to seek a protective order or other appropriate remedy to such order, prior to disclosure and shall comply with any applicable protective order or equivalent, (b) you provide PLS with all reasonable assistance in opposing such required disclosure or seeking a protective order or confidential treatment for all or part of such Confidential Information, and (c) you disclose only such portion of the Confidential Information as is either permitted by PLS or required by the court, tribunal, governmental agency or other authority, subject to any protective order or confidential treatment obtained by PLS.

2.3 Permitted Disclosures. You may disclose the information that is specifically identified in Addendum A, if any, on online message boards, forums or other similar venues in accordance with the restrictions set forth in Addendum A and this Agreement. Said restrictions are to be applied no matter whether the venue is open to the general public or with access that is regulated and/or restricted. PLS reserves the right to amend Addendum A from time to time upon written notice to you. Notwithstanding anything contained herein to the contrary, you shall not make any false statements to anyone about PLS, its licensors, this Game Program, other participants in the Program, or any PLS products or services, including the Game and Game Software.

3 No Warranty; No Support; Character Data.

3.1 No Warranty. YOU ACKNOWLEDGE THAT THE GAME MATERIALS PROVIDED HEREUNDER ARE PRE-RELEASE PRODUCTS. YOU ACKNOWLEDGE THAT THE GAME MATERIALS MAY WELL CONTAIN ERRORS AND DEFECTS AND ARE NOT FINAL PRODUCTS. THE GAME MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU FURTHER AGREE THAT PLS HAS NO OBLIGATION TO MAKE THE GAME MATERIALS AVAILABLE FOR PLAY WITHOUT CHARGE FOR ANY PERIOD OF TIME, OR TO MAKE THEM AVAILABLE AT ALL.

3.2 No Support. PLS does not provide any support for the Game Materials. However, PLS may provide an e-mail address and/or a private chat for you to send any questions and/or comments regarding the Game Materials. PLS does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to your e-mail(s) and/or postings.

3.3 Test Environment. You acknowledge that the Game Materials will run in a test environment, that game characters, character data, or any other value or status indicators that you achieve through game play as part of the Game Program may be erased or modified at PLS’s sole discretion at any time, and that such data shall likely not be exported into the Game once the Game is commercially released.

4 Obligations of Participant in the Game Program.

4.1 It is understood and agreed to that as part of the Game Program, you are expected to suggest changes, improvements, additions to the Game as well as to provide analysis of the Game and its features and that any such material provided to PLS in any form whatsoever, including but not limited to email, text messages in chats and/or oral become the sole property of PLS and/or its licensors. The foregoing materials shall be deemed Feedback as such term is defined in Section 1.3 above. You hereby waive any rights to the Feedback or any remuneration for the Feedback. PLS shall have the right (but not the obligation), at its sole discretion, to credit you for the Feedback and you hereby grant PLS a license to attribute such Feedback to you

4.2 It is understood and agreed that, as part of your participation in the Game Program, it is your responsibility to report all known bugs, abuse of ‘bugs’, ‘undocumented features’ or other defects and problems related to the Game and Game Software to PLS as soon as they are found (“Bugs”). If you know about a Bug or have heard about a Bug and fail to report the Bug to PLS, we reserve the right to treat you no differently from someone who abuses the Bug. You acknowledge that PLS reserve the right to lock anyone caught abusing a Bug out of all PLS products.

5 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, except for the Terms of Service and Game.

6 In the event that you violate any of the terms set forth in this Agreement or in the Game Program Code Rules of Conduct as embodied in Addendum C, you hereby acknowledge that PLS, in its sole discretion, may remove your access to the Game Program, and ban you from accessing the commercially released version of the Game, as well as subject you to any legal remedies that PLS may take.

ADDENDUM A

PERMITTED DISCLOSURES

  1. The fact that there is a Game Program.
  2. The fact that you are a member of the Game Program.
  3. Streaming is only allowed on Discord. Twitch and YouTube streaming is prohibited.
  4. Screen recording is allowed for content creation. All videos need to go through the approval process and be signed off by the PLS marketing team. This means you need a written permission from Ella, Alex, Taylor or Josh to post your content. The best way to do this is to create a ticket on Discord or to send an email to [email protected].

ADDENDUM B

EXAMPLES OF CONFIDENTIAL INFORMATION

  1. Any contact/private information for PLS or Untamed Isles personnel that is provided to you.
  2. Any contact information (address, password, etc.) to any private areas for use in connection with the Game Program, including but not limited to, chat, email and message boards.
  3. Any comments/information that would allow people who are not currently part of the Game Program to get access to the Game Program or Game through either legitimate or illegitimate means.
  4. Post or distribute any screen captures, pictures, videos, podcasts, screenshots or any other representations, known or unknown, of any content in the Game or other Game Materials except for content listed in Addendum A.
  5. Any details regarding the stability of the Game or the Game servers.