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Welcome to the Dune: Awakening - Character Creator & Benchmarking Mode (the “Software” or “Demo”)! We hope you enjoy the Demo.

Your use of the Software is subject to these terms and conditions (the “Agreement”). By using the Software, you are agreeing to this Agreement. If you do not agree to this Agreement, please do not use the Software.

If you have any questions in relation to the Software or this Agreement, please contact us at https://www.funcom.com/help/

1.1 Age. You must be at least 18 years old (or such other minimum age as is applicable in the jurisdiction you live in) to create an account or use or access the Software. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read this Agreement and accept it on your behalf, and to create an account. Parents and guardians are responsible for the acts of their minor children when using an account they created, or the Software, and you understand and agree that you will be responsible for all uses of the Software by your minor child whether or not you authorized such uses. You may not create or use an account or use or access the Software on behalf of a legal entity or for a commercial purpose.

1.2 Limited right to use the Software. We grant you a limited right to use the Software during the period from the earlier of your acceptance of this Agreement or your use of the Software until it is no longer available (the “Beta Testing Period”). Subject to you complying with this Agreement and any other directions or instructions from us.

1.3 The Software is in beta testing phase. You will be using a beta version of the Software, which is still undergoing testing. The Software may be substantially modified prior to any future releases (if and when that happens). Your use of the Software during the Beta Testing Period is part of our testing of the Dune: Awakening (the “Game”).

1.4 No representations, warranties or liability for the Software. As the Software is still in a testing phase, it is likely to contain errors. Betas are not guaranteed to work properly and may make other parts of your device or system not work properly as well. You agree that:
(a) we provide the Software (including all content found within it) to you on an “as is” and “as available” basis;
(b) we may terminate or qualify your use of the Software at any time;
(c) we may terminate or change the Software at any time, meaning the version of the Software may become unplayable or certain functions may cease to operate.
(d) we may automatically delete or modify the information stored on your device related to the Software for any reason at any time during the Testing Period;
(e) if and when we release a full (non-beta) version of the Demo, we may allow your use of the Software to continue to the full version. If so allowed by us, your continued use of the Software will no longer be subject to this Agreement but instead be subject to the terms and conditions, privacy policy, and any other policies, that apply to the use of the full Demo or Game;
(f) we do not give any representations or warranties of any kind (whether express or implied) in relation to the Software or any other subject matter, including as to, non-infringement, the suitability or usability of the Software or whether the Software will be free of errors; and
(g) we (and our affiliated companies) will not be liable for any losses (whether such losses are direct, indirect, special or consequential or of any other kind) suffered by you or any third party in relation to your use of the Software, even if we have been advised of the possibility of such losses; and
(h) you will indemnify us (and our affiliated companies) on demand for any losses incurred by us in relation to your use of the Software.

1.5 No transfer or licence of rights. We retain exclusive ownership of the Software. Nothing in this Agreement will transfer or licence any rights from us to you, except as expressly specified.

1.6 Your obligation. You agree:
(a) to use the Software in compliance with all applicable laws;
(b) not to use images, video, sound, music or any assets from the Software for commercial purposes .
(c) that you hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit your suggestions, comments or ideas and issues or problems related to your use of the Software (collectively, "Feedback") for any purpose and in any country, without any compensation or obligation from us. This license does not lapse or expire even if we do not exercise our rights under this license within a period of one year. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights.

1.7 Tracking of your use of the Software. As part of our testing of the Software, you agree that we may collect and use any information related to your use of the Software, in order for us to assess, develop and improve the Software. You assign to us all rights in and to such information, without any compensation or obligation from us.

1.8 Personal information. We will process certain information from you as part of your use of the Software allow the features of the Service to function and provide benchmarks for us to improve performance. You may have certain rights in relation to your personal information, please check our privacy policy if you have any questions about how we process your personal information.

1.9 General. We may amend this Agreement at any time – by continuing to use the Software, you agree to those amendments. Clauses 1.3, 1.5 and 1.6 will survive any termination of this Agreement. This Agreement does not operate to limit any of your statutory rights that cannot be limited.

1.10 Governing Law. This Agreement is governed by Norwegian law and is between you and Funcom Oslo AS, a Norwegian company with a registered office at Kirkegata 15, Oslo Norway N-0153 company registration number 966 232 315 . You expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or the Software shall be the courts of Norway.