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BETA END USER LICENSE AGREEMENT (“BETA EULA”)
In addition to SEGA’s Terms of Use/End User License Agreement set out at https://games.sega.com/eula/?lang=en (“SEGA EULA”), this BETA EULA applies to Open Beta (as defined below) versions of the Game (as defined below), for the limited purpose of evaluating the applicable Game (as defined below). For the avoidance of doubt, the terms of the SEGA EULA shall apply IN ADDITION to the BETA EULA terms set out below.
BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE (AS DEFINED BELOW) PLEASE CAREFULLY READ THE SEGA EULA IN CONJUNCTION WITH THE FOLLOWING BETA EULA ("COMBINED EULA"). BY DOWNLOADING OR INSTALLING THIS SOFTWARE YOU ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS COMBINED EULA, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY SEGA OF AMERICA, INC. WITH OFFICES AT 140 PROGRESS, SUITE #100, IRVINE, CA 92618 AND ITS AFFILIATED COMPANIES (COLLECTIVELY, "SEGA" OR "WE"). IF YOU DO NOT AGREE TO THE COMBINED EULA, DO NOT INSTALL OR DOWNLOAD THE SOFTWARE OR PROMPTLY DELETE THE SOFTWARE.
You have been invited to participate in the playtest testing environment for the sole purpose of evaluating this game (the "Game") and identifying bugs (the "Open Beta"). Nothing in this Combined EULA, shall be interpreted as granting you any rights or privileges of any kind with respect to the Open Beta. The Game is provided on an "as is" and "as available" basis and SEGA makes no warranty to you of any kind, express or implied.
This pre-release version of the Game and any software programs or files that are provided to you (via online transmission or otherwise) including to 'patch,' or 'update' (collectively, "Software"), as well as any online or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software are the copyrighted work of SEGA. All use of the Game and Software is governed by the terms of this Combined EULA. The Game is distributed solely for use by authorized individuals who have received prior authorization for purposes of testing the Game in accordance with the terms of this Combined EULA ("Testers" or "You"). Any use, reproduction or redistribution of the Game or Software not expressly authorized by the terms of this Combined EULA is expressly prohibited.
Only Testers are permitted to participate in the Open Beta, and anyone without such authorization is not eligible to participate in the Open Beta and enter into this Combined EULA. In consideration of SEGA's authorization for You to participate in the Open Beta, You agree to be bound by the following terms and conditions:
1. Agreement and Conditions of Use.
(a) You must accept this Combined EULA in order to access and play the Game.
(b) This Game may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Game using a games rating. The games rating is a guideline only and SEGA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances.
2.Grant of a Limited Use License.
SEGA grants, and by installing the Game and Software, You accept, a limited, non-transferable, non-exclusive license and right to install and use one (1) copy of the Game and Software for Your personal use on Your computing device or hardware which You own or which is under Your personal control.
3. Operation of Open Beta
(a) When playing the Software, You may accumulate points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Software build, patch or update completes the testing phase;
(b) By opting in to the Open Beta, You agree that: (i) participation in the Open Beta is at Your own risk and that You know that the Software, and/or Open Beta materials may include known or unknown bugs, (ii) any value or status indicators that You achieve through game play may be erased at any time, (iii) SEGA has no obligation to make the Software available for play without charge for any period of time, nor to make them available at all, and (iv) this Combined EULA will apply to Your use of the Software during the playtest testing phase;
(c) As part of the Open Beta, You may become privy to certain Confidential Information regarding the Software. This Confidential Information shall be held in strict confidence and shall not be disseminated or disclosed to any third party without the express written consent of SEGA. You may also be required to sign a non-disclosure agreement which shall be incorporated into the terms of this Combined EULA. Disclosure of this Confidential Information without the express written consent of SEGA shall result in immediate termination of this Combined EULA ending Your participation in the Open Beta and shall also be a breach of the non-disclosure agreement. SEGA shall be entitled to pursue all remedies available under the SEGA EULA in this event;
(d) The Software may contain functions for collecting and tracking information related to Testers' use of the Software. You acknowledge that SEGA does and may collect data derived from Your playing of the Game and Software and SEGA reserves the right to compile, save, use and analyze such information. The collection and storage or the above data and game play is solely for the purposes of facilitating the existing functionality of the Game, assisting SEGA in assessing improvements to it and other games based on general playing patterns and for digital management purposes;
(e) Tester accounts (including but not limited to any key codes provided to allow access to the Game) are non-transferable under any circumstances; and
(f) As part of the Open Beta, You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Software ("Feedback"). You hereby grant SEGA the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (i) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any SEGA product, technology, service, specification or documentation; (ii) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback identifying You or Your User name as the contributor of the Feedback (and derivative works thereof and improvements thereon); and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.
4. Responsibilities of Tester.
(a) Subject to the grant of license to You herein, You may not, in whole or in part, copy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Software, or remove any proprietary notices on or in the Software. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
(b) You agree that You shall not, under any circumstances:
(i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor shall You rent, lease or license the Software;
(ii) transfer, sell or disclose to any person or entity other than SEGA any CD-key, serial number, activation code, or other unique identifier or means of authentication provided to You by SEGA;
(iii) exploit the Software, or any of its parts, including but not limited to the Game, for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site;
(iv) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by SEGA in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or
(v) create or maintain, under any circumstance, any unauthorized connections to the Game or the Software. All connections to the Game, whether created by the Software or by other tools and utilities, may only be made through methods and means expressly approved by SEGA and/or its third party licensors with respect to the Game (if any). Under no circumstances may You connect, or create tools that allow You or others to connect, to the Game's interface or interfaces other than those expressly provided for public use.
(c) You agree that any unauthorized use or disclosure of the Confidential Information shall cause SEGA irreparable harm for which its remedies at law would be inadequate. Accordingly, You agree that SEGA, in addition to any other available remedies, shall have the right to an immediate injunction and other equitable relief enjoining any breach or threatened breach of this Agreement, You shall notify SEGA in writing immediately if You have reason to believe that any person who has had access to the Confidential Information has violated or intends to violate the terms of this Agreement or otherwise disclose any of the Confidential Information in violation of the terms hereof. Any and all remedies herein expressly conferred upon SEGA will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity, and the exercise by SEGA of any one remedy will not preclude the exercise of any other remedy.
5.Term of the Open Beta
The Game is an 'online' game that allows You to play the Game over the internet. SEGA may, at any time and in its sole discretion, terminate this Combined EULA and/or discontinue the operation or provision of the Game, or any online features or components, with or without notice. In any case, this Combined EULA will terminate immediately..
6. Termination
This Combined EULA is effective until terminated. For the avoidance of doubt, all of the terms contained in the SEGA EULA shall continue to apply on termination. You may terminate this Combined EULA at any time by: (i) removing the Software from Your hard drive; and (ii) notifying SEGA of Your intention to terminate this Combined EULA. SEGA may terminate this Combined EULA at its sole discretion for any reason or no reason. In such event, You must immediately remove the Software from Your hard drive. Upon termination of this Combined EULA for any reason, all licenses granted herein shall immediately terminate.
7. Patches and Updates.
SEGA may deploy or provide patches, updates and modifications to the Software that must be installed for the user to continue to play the Game. SEGA may update the Software remotely, including without limitation the Software residing on the user's machine, without the knowledge or consent of the user, and You hereby grant to SEGA Your consent to deploy and apply such patches, updates and modifications to the Game.
8.Open Source Software.
The Software includes AND/OR USES open source software ("OSS") and Third Party Software ("TPS"). You agree to be bound by those license terms in respect of the OSS and TPS contained in the Software.
In addition to SEGA’s Terms of Use/End User License Agreement set out at https://games.sega.com/eula/?lang=en (“SEGA EULA”), this BETA EULA applies to Open Beta (as defined below) versions of the Game (as defined below), for the limited purpose of evaluating the applicable Game (as defined below). For the avoidance of doubt, the terms of the SEGA EULA shall apply IN ADDITION to the BETA EULA terms set out below.
BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE (AS DEFINED BELOW) PLEASE CAREFULLY READ THE SEGA EULA IN CONJUNCTION WITH THE FOLLOWING BETA EULA ("COMBINED EULA"). BY DOWNLOADING OR INSTALLING THIS SOFTWARE YOU ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS COMBINED EULA, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY SEGA OF AMERICA, INC. WITH OFFICES AT 140 PROGRESS, SUITE #100, IRVINE, CA 92618 AND ITS AFFILIATED COMPANIES (COLLECTIVELY, "SEGA" OR "WE"). IF YOU DO NOT AGREE TO THE COMBINED EULA, DO NOT INSTALL OR DOWNLOAD THE SOFTWARE OR PROMPTLY DELETE THE SOFTWARE.
You have been invited to participate in the playtest testing environment for the sole purpose of evaluating this game (the "Game") and identifying bugs (the "Open Beta"). Nothing in this Combined EULA, shall be interpreted as granting you any rights or privileges of any kind with respect to the Open Beta. The Game is provided on an "as is" and "as available" basis and SEGA makes no warranty to you of any kind, express or implied.
This pre-release version of the Game and any software programs or files that are provided to you (via online transmission or otherwise) including to 'patch,' or 'update' (collectively, "Software"), as well as any online or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software are the copyrighted work of SEGA. All use of the Game and Software is governed by the terms of this Combined EULA. The Game is distributed solely for use by authorized individuals who have received prior authorization for purposes of testing the Game in accordance with the terms of this Combined EULA ("Testers" or "You"). Any use, reproduction or redistribution of the Game or Software not expressly authorized by the terms of this Combined EULA is expressly prohibited.
Only Testers are permitted to participate in the Open Beta, and anyone without such authorization is not eligible to participate in the Open Beta and enter into this Combined EULA. In consideration of SEGA's authorization for You to participate in the Open Beta, You agree to be bound by the following terms and conditions:
1. Agreement and Conditions of Use.
(a) You must accept this Combined EULA in order to access and play the Game.
(b) This Game may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Game using a games rating. The games rating is a guideline only and SEGA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances.
2.Grant of a Limited Use License.
SEGA grants, and by installing the Game and Software, You accept, a limited, non-transferable, non-exclusive license and right to install and use one (1) copy of the Game and Software for Your personal use on Your computing device or hardware which You own or which is under Your personal control.
3. Operation of Open Beta
(a) When playing the Software, You may accumulate points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Software build, patch or update completes the testing phase;
(b) By opting in to the Open Beta, You agree that: (i) participation in the Open Beta is at Your own risk and that You know that the Software, and/or Open Beta materials may include known or unknown bugs, (ii) any value or status indicators that You achieve through game play may be erased at any time, (iii) SEGA has no obligation to make the Software available for play without charge for any period of time, nor to make them available at all, and (iv) this Combined EULA will apply to Your use of the Software during the playtest testing phase;
(c) As part of the Open Beta, You may become privy to certain Confidential Information regarding the Software. This Confidential Information shall be held in strict confidence and shall not be disseminated or disclosed to any third party without the express written consent of SEGA. You may also be required to sign a non-disclosure agreement which shall be incorporated into the terms of this Combined EULA. Disclosure of this Confidential Information without the express written consent of SEGA shall result in immediate termination of this Combined EULA ending Your participation in the Open Beta and shall also be a breach of the non-disclosure agreement. SEGA shall be entitled to pursue all remedies available under the SEGA EULA in this event;
(d) The Software may contain functions for collecting and tracking information related to Testers' use of the Software. You acknowledge that SEGA does and may collect data derived from Your playing of the Game and Software and SEGA reserves the right to compile, save, use and analyze such information. The collection and storage or the above data and game play is solely for the purposes of facilitating the existing functionality of the Game, assisting SEGA in assessing improvements to it and other games based on general playing patterns and for digital management purposes;
(e) Tester accounts (including but not limited to any key codes provided to allow access to the Game) are non-transferable under any circumstances; and
(f) As part of the Open Beta, You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Software ("Feedback"). You hereby grant SEGA the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (i) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any SEGA product, technology, service, specification or documentation; (ii) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback identifying You or Your User name as the contributor of the Feedback (and derivative works thereof and improvements thereon); and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.
4. Responsibilities of Tester.
(a) Subject to the grant of license to You herein, You may not, in whole or in part, copy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Software, or remove any proprietary notices on or in the Software. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
(b) You agree that You shall not, under any circumstances:
(i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor shall You rent, lease or license the Software;
(ii) transfer, sell or disclose to any person or entity other than SEGA any CD-key, serial number, activation code, or other unique identifier or means of authentication provided to You by SEGA;
(iii) exploit the Software, or any of its parts, including but not limited to the Game, for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site;
(iv) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by SEGA in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or
(v) create or maintain, under any circumstance, any unauthorized connections to the Game or the Software. All connections to the Game, whether created by the Software or by other tools and utilities, may only be made through methods and means expressly approved by SEGA and/or its third party licensors with respect to the Game (if any). Under no circumstances may You connect, or create tools that allow You or others to connect, to the Game's interface or interfaces other than those expressly provided for public use.
(c) You agree that any unauthorized use or disclosure of the Confidential Information shall cause SEGA irreparable harm for which its remedies at law would be inadequate. Accordingly, You agree that SEGA, in addition to any other available remedies, shall have the right to an immediate injunction and other equitable relief enjoining any breach or threatened breach of this Agreement, You shall notify SEGA in writing immediately if You have reason to believe that any person who has had access to the Confidential Information has violated or intends to violate the terms of this Agreement or otherwise disclose any of the Confidential Information in violation of the terms hereof. Any and all remedies herein expressly conferred upon SEGA will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity, and the exercise by SEGA of any one remedy will not preclude the exercise of any other remedy.
5.Term of the Open Beta
The Game is an 'online' game that allows You to play the Game over the internet. SEGA may, at any time and in its sole discretion, terminate this Combined EULA and/or discontinue the operation or provision of the Game, or any online features or components, with or without notice. In any case, this Combined EULA will terminate immediately..
6. Termination
This Combined EULA is effective until terminated. For the avoidance of doubt, all of the terms contained in the SEGA EULA shall continue to apply on termination. You may terminate this Combined EULA at any time by: (i) removing the Software from Your hard drive; and (ii) notifying SEGA of Your intention to terminate this Combined EULA. SEGA may terminate this Combined EULA at its sole discretion for any reason or no reason. In such event, You must immediately remove the Software from Your hard drive. Upon termination of this Combined EULA for any reason, all licenses granted herein shall immediately terminate.
7. Patches and Updates.
SEGA may deploy or provide patches, updates and modifications to the Software that must be installed for the user to continue to play the Game. SEGA may update the Software remotely, including without limitation the Software residing on the user's machine, without the knowledge or consent of the user, and You hereby grant to SEGA Your consent to deploy and apply such patches, updates and modifications to the Game.
8.Open Source Software.
The Software includes AND/OR USES open source software ("OSS") and Third Party Software ("TPS"). You agree to be bound by those license terms in respect of the OSS and TPS contained in the Software.