Beta Test Program Terms and Conditions

PARTIES

This Agreement is entered into and is effective immediately by and between Phobos doo, (“Developer”), a company incorporated under the locally applicable laws, and the Beta Tester Applicant (“Beta Tester”).

(a) In this Agreement, the party providing software for testing and conducting testing shall be referred to as the “Developer” and the party receiving such software and performing testing shall be referred to as the “Beta Tester”.

(b) Upon acceptance of the Beta Tester’s application by the Developer, the Beta Tester may be given access to Software or materials which are the property of the Developer at the sole discretion of the Developer.

(c) Beta Tester will be accepted into the Beta Test Program at the sole discretion of the Developer.

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1. DEFINITION

In this Agreement, unless the context otherwise requires, “Software” shall mean all games, programs, software, tools, scripts, data and material whether commercial, financial, technical, creative or otherwise, including without limitation whether public, secret or confidential.

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2. TERMS AND PROVISIONS

(a) Beta Tester accounts (including but not limited to any Steam key codes provided to allow access to the Software) are non-transferable under any circumstances; any such keys will be revoked at the end of the Beta Test Program or termination of this agreement, at the discretion of the Developer.

(b) Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement. In the event that you are under the required age, you may not continue to use the Software, unless your parent or legal guardian has reviewed and agreed to these terms.

(c) The Beta Tester shall execute and deliver such other documents and do such other acts and things as may be necessary or desirable to carry out the terms, provisions and purposes of this Agreement.

(d) No amendment, modification or waiver of any provisions of this Agreement shall be effective unless made in writing and signed by the Developer.

(e) The failure to enforce at any time or for any period any one or more of the provisions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.

(f) Headings are used for convenience only and shall not affect the meaning or construction of the contents of this Agreement.

(g) This Agreement may be executed in counterparts, all of which shall constitute one agreement, and each such counterpart shall be deemed to have been made, executed and delivered on the date of the first application to become a Beta Tester.

(h) This Agreement shall be governed by and construed in accordance with the laws governing in Developers place of business, and its terms shall be enforced in a court of competent jurisdiction locally to Developer.

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3. BETA TESTERS DUTIES

Beta Tester agrees to report any flaws, errors or imperfections discovered in any Software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative as directed by Developer. Beta Tester acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Project, remain or become the exclusive property of the Developer.

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4. RISKS

Beta Tester understands that the Software is incomplete and is provided “as is” and may contain faults or errors that result in unexpected consequences. Beta Tester accepts and acknowledges that use of the software is entirely at the Beta Tester’s own risk and is without Warranty implied or otherwise. In no event will Developer be liable for any damages whatsoever or any consequential damages whether resulting from impaired or lost data or other software or computer failure, or any other cause, or from any other claim by a Beta Tester or any third party.

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5. REPRESENTATIONS AND WARRANTIES

Beta Tester represents that it has full power and authority to enter into and perform this Agreement. The Beta Tester acknowledges that the Developer makes no representation or warranty as to the accuracy or completeness of the Software.

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6. INDEMNITY

(a) The Beta Tester agrees fully and effectively to indemnity and keep the Developer indemnified from any losses, damages, claims, liabilities, costs or expenses (including legal fees) arising directly or indirectly from any breach of its obligations hereunder.

(b) The Beta Tester agrees that in addition to monetary damages for a breach by it of the provisions of this Agreement that the Developer shall be entitled to specific performance, injunction or other equitable relief together with all associated costs as further remedy for such breach.

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7. ENTIRE AGREEMENT AND SEVERABILITY

(a) This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements between the parties, whether written or oral.

(b) If any term or provision of this Agreement shall be held by any judicial, arbitral, regulatory or other public authority of competent jurisdiction to be invalid, illegal or unenforceable in any respect, it will be to that extent omitted and the validity or enforceability of the remainder of this Agreement shall not be affected.

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8. NOTICES

All notices, demands or other communications by the Developer under this Agreement shall be given or made in writing and shall be delivered or sent by facsimile copy or e-mail, addressed to the party to whom they are directed and shall be deemed to have been received by the Beta Tester upon transmission by the Developer.

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9. TERMINATION

This Agreement is effective until terminated. Beta Tester may terminate this Agreement at any time by: (i) removing the Software from their device(s); and (ii) notifying the Developer of their intention to terminate this Agreement. The Developer may terminate this Agreement at its sole discretion for any reason or no reason. In such event, Beta Tester must immediately remove the Software from their device(s).