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Introduction

These Terms of Service (“Terms”) apply to Testers (as defined below) who participate in the Closed Beta Test ("Test") of BABYLON’S FALL (the “Game”) set forth below.
This Test is only available for people over 17 years old.
All testers must agree to these Terms before participating in this Test. If you are a minor, you need the consent of your legal guardian in addition to consenting to the Terms.
If you do not agree to these Terms, or if you are a minor and do not have the consent of your legal guardian, you will not be able to participate in this Test.

Article 1: Definitions
1."Company" refers to Square Enix Co., Ltd.
2."Game" means the games described above which are operated and provided by the Company.
3."Test" means the final adjustment test for completion of the official service version of the Game using β version of the Game.
4."Tester" refers to those who participate in this Test.
5."Terms" refers to this "Closed Beta Test Tester Terms" applied to the Testers participating in this Test.
6."Tester Data" refers to data accumulated in our servers, etc. by Testers participating in this Test.

Article 2: Application/Mutatis Mutandis of these Terms
Participation in the Test is subject to these Terms. Tester shall comply with these Terms in participating in the Test. If Testers participate in the Test based on the services provided by a third party other than the Company, the Testers shall comply with the terms provided by such third party (together with these Terms, hereinafter referred to as the "Terms of Services") in addition to these Terms.

Article 3: Roles and responsibilities of Testers
1.The Tester shall report any defects in the software or usage environment related to the Game discovered during participation in the Test.
2.Tester will not inform others of, not allow others to use (including sharing), and assume full responsibility for the management of, the IDs and passwords (if applicable) used in participating in this Test.
3.Tester shall be responsible for any actions taken within the Test with its own ID and password (if applicable), whether or not such actions are taken by itself.

Article 4: Confidentiality Obligations
Tester shall not disclose or divulge to any third party any information obtained through the Test, including the contents of the Game, specifications of the Game, technical information, and defect information; provided, however, that only if the Company expressly permits the disclosure of specific information, the Tester may disclose such information in accordance with the conditions prescribed by the Company.

Article 5: Prohibited Conduct
The Company prohibits the following conduct:
(1) Assigning, lending, or transferring all or part of the rights that the Tester has as a Tester to another person, or selling, changing the name of the tester, pledging, or otherwise offering the rights as collateral;
(2) Sales activities using the Test and participation in the Test for commercial purposes or in preparation for such purposes;
(3) Any other act that violates the Terms of Services;

Article 6: Acquiring Information
During the Test period, for the purpose of analysis and improvement of the Game, the Company may upload information on hardware, software, and error logs, as well as Tester Data, from the Tester's hardware to the Company's server, etc., without obtaining the individual consent of the Tester.

Article 7: Accumulated data during the Test period
Tester Data accumulated by Testers during this Test period will not be transferred as player data of the official service of the Game.

Article 8: Disclaimer; Suspension or Discontinuation of the Test
1. Testers shall participate in this Test at their own risk. The purpose of this Test is to test the Game in the process of development in order to make final adjustments for the completion of the official service version of the Game. Therefore, the Game will be provided AS IS, and even if any defects or damages occur to the Tester or the Tester's hardware, etc. due to the Tester's participation in this Test, the Company will not compensate or indemnify for these to the maximum extent permitted by law. However, this shall not apply in the case of intentional or gross negligence on the part of the Company.
2. The Company may cancel or suspend the Test or change the Test period at the Company's convenience.

Article 9: Attribution
As between the Tester and the Company, the Company retains all rights to the Game, all rights and authority with respect thereto for the future, and all rights (including intellectual property rights) with respect to the account. Testers are only granted the right to access and use the Game to the limited extent permitted by the Terms of Services.

Article 10: Personal Information
If the Company acquires personal information of Testers in performing the Test, the Company shall acquire and manage such personal information in accordance with the Company's privacy Policy (http://www.jp.square-enix.com/privacy/)

Article 11: Amendment to these Terms
The Company may change the content of these Terms at any time as necessary. Any amendment to these Terms shall come into effect as of the Application Commencement Date specified in the notification of such amendment by the Company, and the conditions for participation in subsequent Tests shall be governed by these Terms of Use as amended.
The Company reserves the right to change the contents of these Terms at any time as necessary. Any changes to these Terms shall become effective on the effective date specified by the Company in the notification of such changes. After the effective date, the participation in the Test shall be based on the modified Terms.

Article 12: Governing Law
These Terms, including their formation, validity, interpretation and enforcement, shall be governed by the laws of Japan in all matters. The Tester agrees to submit to the exclusive jurisdiction of the Tokyo District Court as the court of first instance for any disputes related to these Terms or the Test.