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In order to participate in the pre-release testing of Arkheron, you must read and accept the
Terms of Use and License (the “Agreement”) below. Please read the Agreement carefully. By
checking the box below, you agree to be legally bound by the terms of this Agreement.
TERMS OF USE AND LICENSE AGREEMENT
(TESTING OF A PRE-RELEASE PRODUCT)
Bonfire Studios, Inc. (“Bonfire”) has designed and developed, and is the publisher of a software
product entitled Arkheron (the “Product”). Bonfire has established a pre-release test program
(the “Program”) to, among other things, allow a limited number of people to test the features,
capabilities and performance of one or more pre-release version(s) of the Product (the
“Software”) and provide feedback and comments to Bonfire. By agreeing to this policy:
1. You promise that you are eighteen (18) years of age or older, and, except with Bonfire’s
express permission, and are entering into this Agreement on a completely voluntary basis with no
expectation of consideration, remuneration or any form of compensation whatsoever other
than that which is expressly provided for in this Agreement.
IF YOU ARE BETWEEN THIRTEEN AND EIGHTEEN (18) YEARS OLD (OR THE LEGAL AGE OF MAJORITY
IN YOUR JURISDICTION, IF GREATER), YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE
TO BE BOUND BY THIS AGREEMENT, PERMIT YOU TO USE THIS PRODUCT, AND PROVIDE ANY
PERSONAL INFORMATION IN CONNECTION WITH THE PROGRAM ON YOUR BEHALF;
2. You acknowledge that Bonfire, in its discretion and at any time before or during the
Program, may accept or reject your application for the Program or terminate your participation
therein, and, if you are accepted, the Agreement below is a binding contract between you and
Bonfire;
3. Bonfire, in its sole discretion, may reschedule the start or end date of the Program at any
time;
4. You agree, grant Bonfire the right, and consent, for the term of your participation in the
Program, to allow Bonfire to upload certain diagnostic information, hardware, software, driver,
operating system and related information, including game logs and crash dump files, from your
computer solely for the purpose of analyzing, improving and maintaining the Product; and
5. You agree to all of the terms of this Agreement as set forth below.
AGREEMENT
1. License Terms.
1.1 License Grant. Bonfire grants you (“You”) the non-exclusive, non-transferable, revocable,
limited right and license to install the Software on a single computer for your personal use. You
may not use, copy, reproduce, modify, publish, transmit, publicly perform or display, create
derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of
the Software (including, without limitation, any screenshots, videos, or documentation relating to
the Product) except as provided in this Agreement. You may only use the Software for testing
and evaluation purposes as set forth in Section 1.4 below. All other rights are reserved to Bonfire.
1.2 License Restrictions. You shall not:
a. Sublicense to, transfer, network, transmit, distribute or permit use of the Software by,
any third party;
b. Reverse engineer, decompile, or disassemble the Software;
c. Make copies of the Software other than one (1) copy for back-up purposes to be used
solely as a replacement for the original copy, provided that you include on the back-up copy all
copyright and other notices that are included on the Software and your use of such back-up
copy shall be subject to this Agreement; or
d. Export the Software in violation of the export control and similar laws and regulations of
the United States of America and other countries.
1.3 Indemnification. You (i) agree to indemnify, defend and hold harmless, and (ii) hereby
release Bonfire, its licensors, licensees, and its and their respective officers, directors, employees,
and agents from and against any and all losses, liabilities, claims, obligations, costs and/or
expenses (including reasonable legal fees) which result from, arise out of or in connection with
your use of the Software and all other services or activities related thereto.
1.4 Testing and Evaluation Obligations. You hereby agree to perform all of the following
obligations:
a. to test, evaluate and analyze the Software and its operation, features and
capabilities, and performance,
b. to comply with the reasonable requests of Bonfire from time to time regarding testing;
and
c. to provide feedback and comments to Bonfire (including, but not limited to, bug
reports and test results).
All of your feedback and comments shall be the sole and exclusive property of Bonfire and/or its
licensors, and Bonfire and/or its licensors shall have the perpetual right to use all or part of your
feedback or comments in any manner or media now known or hereafter devised.
1.5 Personally Identifiable Information; Monitoring; Privacy Issues. As a condition to participation
in the Program, you will be required to provide to Bonfire, or allow Bonfire to upload on an
ongoing basis, certain personally identifiable information, including, but not limited to, name,
email address, certain specifications of your hardware, diagnostic information, video cards,
drivers, operating system, game logs, crash dump files, and software (“Personal Information”)
and you hereby specifically grant Bonfire the right to upload such Personal Information from your
computer system during your participation in the Program, solely for the purpose of evaluating,
analyzing, maintaining and improving the Product. Bonfire’s retention and use of all Personal
Information shall be subject to Bonfire’s posted Privacy Policy, as that policy may be modified by
Bonfire in its discretion from time to time. You acknowledge that any and all Software character
data is stored and is resident on Bonfire’s servers, and any and all communications that you
make within the Software, the Product or as part of the Program (including, but not limited to,
messages solely directed at another player or players) traverse through Bonfire’s servers, may or
may not be monitored by Bonfire personnel and, accordingly, you have no expectation of
privacy in any such communication or in any communication referenced herein. You
acknowledge and agree that Bonfire may transfer and process Product, Program or other
information (including your personally identifiable information and personal data) to the United
States or other countries and may share such information with our licensees and agents in
connection with the Program, the Software and the Product.
1.6 Term. Your participation in the Program, and the grant of license herein, may be terminated
by Bonfire at any time, for any reason or for no reason, in Bonfire’s sole and absolute discretion,
by providing written, electronic or e-mailed notice to you. You may, at any time and for any
reason or for no reason, terminate your participation in the Program by providing written or
e-mailed notice to Bonfire. The Program will be terminated upon the earlier of (a) Bonfire’s
written, electronic or e-mailed notice to you or (b) the commercial release of the Product. The
termination of your participation in the Program and/or the termination of the Program,
however, shall not modify or supersede the survival provision in Section 7.1 below.
2. Confidentiality.
2.1 Confidential Information Defined. “Confidential Information” shall mean (a) any and all
information relating to or contained in the Software, Program and/or the Product, including,
without limitation, information relating to: (i) the performance, capabilities, bugs and contents of
the Software, and (ii) any and all information relating to the future or proposed Products, services
or business operations of Bonfire. Confidential Information includes, without limitation, all such
information disclosed to you prior to the effective date of this Agreement. You acknowledge
and agree that the Confidential information constitutes valuable trade secrets of Bonfire.
2.2 Confidentiality Obligation. You will keep the Confidential Information in confidence and shall
not publish, disclose, or otherwise make available, directly or indirectly, any Confidential
Information to any third party. However, you may disclose the Confidential Information in
accordance with a judicial or governmental order; provided, however, that you will give Bonfire
reasonable written notice prior to such disclosure and will comply with any applicable protective
order or equivalent. ONCE THE COMMERCIAL VERSION OF THE PRODUCT HAS BEEN RELEASED BY
BONFIRE TO THE PUBLIC, YOUR CONFIDENTIALITY OBLIGATION SHALL CONTINUE ONLY WITH
RESPECT TO INFORMATION CONCERNING THIS PROGRAM AND ALL FEEDBACK AND COMMENTS
(WHETHER FROM YOU, ANY OTHER PARTICIPANT, OR FROM BONFIRE EMPLOYEES).
3. Ownership. Except for the revocable, limited license expressly granted hereunder, Bonfire
retain all rights, title and interests in and to the Software and all copies thereof, and all Product
data in connection therewith. The Software is copyrighted and is protected by United States
copyright laws and international treaty provisions. You acknowledge that the Software contains
valuable trade secrets of Bonfire, and that Bonfire and/or its licensors own all intellectual
property rights in and to the Software, including, without limitation, all patent rights, copyrights,
inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights
therein and thereto. You may not remove the copyright and other proprietary rights notices from
the Software. You agree that this Agreement shall be retained with all printed and electronic
copies of the Software and documentation constituting the Software. You agree to prevent any
unauthorized copying or distribution of the Software. Except for the license as expressly provided
herein, Bonfire does not grant you any express or implied right in any patents, copyrights,
trademarks, or trade secret information of Bonfire and/or its licensors or licensees. In accordance
with Section 1.4, you agree that Bonfire and/or its licensors own all rights, title and interests in any
and all of your feedback and comments, without any remuneration, compensation or credit to
you. To the extent that any of the rights assigned herein cannot presently be assigned under
applicable law, you agree to assign such rights at such time as the rights are capable of being
assigned, and, until such time, grants to Bonfire an irrevocable, exclusive, perpetual, royalty free,
fully-paid license, throughout the universe, to such non-transferable rights including, but not
limited to, the unfettered right to modify, copy, distribute, perform, display, synchronize,
compose, record and commercialize any and all of such feedback and comments. At Bonfire’s
request, you agree to execute such further documents and to do such further acts as may be
necessary or desirable to document, perfect, register or enforce Bonfire’s and/or its licensors’
ownership of any of the rights, title and/or interests hereunder, in whole or in part including,
without limitation, execution of a copyright assignment in a form provided by Bonfire in its sole
discretion. If you fail or refuse to execute any such documents, you hereby appoint Bonfire as
your attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on
your behalf and to execute, deliver, record and file such documents. The rights granted,
assigned and/or to be assigned by you hereunder are granted for the entire universe and shall
inure in perpetuity and, as set forth above, no further consideration shall be payable to you at
any time in connection therewith. You will acquire no right to use, and will not use without
Bonfire’s prior, written consent, the names, characters, artwork, design, tradenames,
copyrighted materials, trademarks or service marks of Bonfire or its affiliated entities, and its and
their officers, employees, directors, shareholders, assigns, successors or licensees: (a) in any
advertising, publicity or promotion; or (b) in any manner other than in accordance with this
Agreement.
4. Injunctive Relief. You acknowledge and agree that a breach or threatened breach of any
covenant contained in this Agreement would cause irreparable injury, that money damages
would be an inadequate remedy and that Bonfire shall be entitled to temporary and
permanent injunctive relief, without the posting of any bond or other security, to restrain you
from such breach or threatened breach. Nothing in this Section shall be construed as preventing
Bonfire from pursuing any and all remedies available to it, including the recovery of money
damages from you.
5. No Warranty; No Liability for Damages; No Support; Character Data.
5.1 No Warranty. You acknowledge that the Software is a pre-release version and is not a final
Product. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS.
THE SOFTWARE AND ANY LICENSED CODE OR MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY
EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF SATISFACTORY
QUALITY, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE,
THE PRODUCT AND ALL OTHER SERVICES IS WITH YOU. SHOULD SUCH ASSETS PROVE DEFECTIVE
FOLLOWING THEIR RECEIPT BY YOU, YOU AND NOT BONFIRE ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING OR REPAIR. Without limiting the foregoing, Bonfire does not ensure
continuous, error-free, secure or virus-free operation of the Software, the Product, your account
or continued operation or availability of any given server. Some jurisdictions do not allow
limitations as to how long an implied warranty lasts and/or exclusions or limitations of
consequential damages, so the above limitations and/or exclusions of liability described herein
may not apply to some participants. This warranty gives you specific legal rights and you may
also have other legal rights which vary in your jurisdiction.
5.2 No Liability for Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU
ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH
BONFIRE, ITS AFFILIATED ENTITIES, ITS LICENSORS AND LICENSEES, OR ITS OR THEIR EMPLOYEES,
AGENTS, OFFICERS, AND/OR DIRECTORS, ARISING OUT OF OR RELATING TO THIS AGREEMENT IS TO
STOP USING THE PRODUCT AND/OR SOFTWARE, AND TO CANCEL YOUR ACCOUNT. IN NO EVENT
SHALL BONFIRE, ITS AFFILIATED ENTITIES, ITS LICENSORS, OR ITS OR THEIR EMPLOYEES, AGENTS,
OFFICERS, AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS)
ARISING OUT OF YOUR USE OF OR INABILITY TO USE PRODUCT OR THE SOFTWARE, EVEN IF ANY OF
THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the
generality of the foregoing, no warranty is made that the Software will generate computer
programs with the characteristics or specifications desired by you or that the Software will be
error-free. THESE DISCLAIMERS OF WARRANTY AND LIMITATIONS DESCRIBED IN THIS SECTION 5
CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
5.3 No Support. Bonfire does not provide any support for the Software, however, Bonfire may
provide an e-mail address or a password-protected board or forum for you to send any
questions and/or comments regarding the Software. Bonfire 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 board or forum posting(s).
5.4 Test Environment. You acknowledge that the Program is a test environment, that Product
characters and/or game data will be frequently wiped or modified at Bonfire’s sole discretion,
and that Program assets, characters, character data, items, Virtual Token(s) and/or Virtual
Goods (as defined herein) may not be exported into the Product once the Product is
commercially released. You agree that, to the extent permitted by applicable law, Bonfire is not
liable for any loss of data, content, function or utility.
6. Virtual Property. The Software and/or Program may allow you to accumulate virtual, in-game
tokens, such as coins ("Virtual Token(s)") or virtual, in-game digital items (“Virtual
Goods”)(collectively, “Virtual Items”). You may also be able to purchase Virtual Token(s) with
"real world" money. You may have the opportunity to use Virtual Token(s) to license a variety of
Virtual Goods.
6.1 Regardless of how acquired, Virtual Items are non-transferable to another person or account,
do not accrue interest, and are not insured by the Federal Deposit Insurance Corporation (FDIC).
Except for a limited, revocable, non-transferable license to use the Virtual Token(s) and/or Virtual
Goods in the Product and/or Software, you have no ownership right in or title to such Virtual
Token(s) and/or Virtual Goods. Virtual Goods licensed with Virtual Token(s) will be available for
use as soon as reasonably practicable. Bonfire makes no guarantee as to the nature, quality or
value of the features of the Product, Software and/or Program that will be accessible through
the use of the Virtual Token(s) and/or Virtual Goods.
6.2 You are solely responsible for verifying that the proper amount of Virtual Token(s) and/or
Virtual Goods have been added to or deducted from your account during any given
transaction. Please notify Bonfire promptly if you believe that a mistake has been made with
respect to your Virtual Token(s) and/or Virtual Goods.
6.3 Buying, selling and/or otherwise transferring Virtual Token(s) and/or Virtual Goods outside of
the Product, Software and/or Program is strictly prohibited. Virtual Token(s) and/or Virtual Goods
may have an expiration date. Free and/or promotional Virtual Items offered by Bonfire may be
expired at Bonfire’s sole and absolute discretion at any time. YOU ACKNOWLEDGE AND AGREE
THAT THE VIRTUAL TOKEN(S) AND/OR VIRTUAL GOODS YOU ACQUIRE HAVE NO MONETARY VALUE
AND CANNOT BE REDEEMED FOR MONEY, GOODS, OR OTHER ITEMS OF MONETARY VALUE. NO
REFUNDS WILL BE MADE FOR THE PURCHASE OF VIRTUAL TOKEN(S) AND/OR VIRTUAL GOODS. YOU
AGREE THAT BONFIRE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU
WILL NOT RECEIVE MONEY BACK FOR VIRTUAL TOKEN(S) AND/OR VIRTUAL GOODS WHEN AN
ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. No refunds will be made for
purchases of Virtual Goods that are downloadable. Downloaded products or product
registration codes purchased to activate or unlock downloaded software (including any
Product(s)) are non-refundable at any time.
6.4 As Bonfire deems necessary, in its sole and absolute discretion, Bonfire may limit the total
amount of Virtual Token(s) and/or Virtual Goods that may be purchased at any one time,
and/or limit the total amount of Virtual Token(s) and/or Virtual Goods that may be held in your
account in the aggregate.
6.5 While Bonfire may endeavor to transfer any Virtual Token(s) and/or Virtual Goods you
accumulate during the Program to your account in the commercial version of the Product,
Bonfire makes no such guarantee. Notwithstanding the foregoing, Bonfire has the absolute right
to manage, regulate, control, modify, and/or eliminate Virtual Token(s) and/or Virtual Goods,
both in the Program and in the commercial version of the Product, as it sees fit in its sole
discretion, and Bonfire shall have no liability to you or anyone for the exercise of such rights.
Accordingly, price and availability of any Virtual Token(s) and/or Virtual Goods are subject to
change without notice. You acknowledge that Bonfire can and will, in its discretion, modify
features, functions or abilities of any element of the Product or Virtual Items (which may, among
other things, make the Virtual Items substantially more valuable, effective or functional, or less
valuable, effective or functional, more common or less common, or eliminated entirely). Bonfire
may revise the pricing for the Virtual Items offered, including without limitation, subscription plans
for such Virtual Items, at any time.
6.6 In the event that your account is terminated or suspended for any reason, in Bonfire’s sole
and absolute discretion, or if Bonfire discontinues offering the Product, Software and/or Program,
you forfeit any and all Virtual Token(s) and/or Virtual Goods. Bonfire has no liability for "hacking"
or loss of your Virtual Token(s) or Virtual Goods from your account, provided Bonfire uses
reasonable efforts to replace such items under certain circumstances in its reasonable
discretion. You promise, therefore, that you will never assert or bring any claim or suit against
Bonfire and its affiliates, directors, officers, employees, agents and representatives, which is
related to or based on a claim (i) for the "value" of Virtual Token(s) and/or Virtual Goods if Bonfire
deletes them (and/or terminates your Bonfire account(s)), (ii) for the "value" of Virtual Token(s)
and/or Virtual Goods that you may lose if Bonfire does anything that it is entitled to do pursuant
to any provision of this Agreement, its Privacy Policy and/or Code of Conduct, or for any
malfunctions and/or "bugs" in the Product, Software and/or Program, and/or (iii) that the "value"
of any Virtual Token(s) and/or Virtual Goods has increased or decreased by virtue of any
Product modification that Bonfire has made or will make.
6.7 If you leave a balance of Virtual Token(s) unused for a period of time set forth by your state,
country, or other governing body in its unclaimed property laws, or if your account is closed,
whether voluntarily or involuntarily, we may process your Virtual Token(s) balance in accordance
with our legal obligations, including by submitting any funds associated with your Virtual Token(s)
balance to the appropriate governing body where required by law.
7. Miscellaneous.
7.1 Survival. The provisions of this Agreement, other than the first sentence of Section 1.1 and
Sections 1.4(a), 1.4(b) and 1.4(c), shall continue in full force and effect even after (i) the Program
has been terminated and/or completed, and/or (ii) your participation in the Program has been
terminated.
7.2 Governing Law; Jurisdiction. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of California, excluding conflict of law rules
and principles. Both parties submit to personal jurisdiction in California and further agree that any
cause of action relating to this Agreement shall be brought in Orange County, California (if
under state law) or the Southern District of California (if under federal law) and such courts shall
have the exclusive jurisdiction to determine the validity, construction and performance of this
Agreement and the legal relations between the parties hereto. You hereby waive any claim
that such venue is improper or inconvenient.
7.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in
whole or in part, such provision shall be modified to the minimum extent necessary to make it
valid and enforceable, and the validity and enforceability of all other provisions of this
Agreement shall not be affected thereby.
7.4 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. Changes
made by you to this Agreement will not be effective unless set forth in writing describing the
change and agreed to and signed by both Bonfire and you. Bonfire reserves the right to change
the terms of this Agreement at any time upon notice to you by e-mail or by electronic posting of
such changes at the time you log in to the Product. Such changes by Bonfire shall be effective
upon notice to you and your continued participation in the Program after notice of a change in
terms by Bonfire shall constitute your acknowledgement of, and agreement to, be bound by
such changes.
©2025 Bonfire Studios, Inc. Bonfire Studios, Arkheron, and their logos are trademarks or registered
trademarks of Bonfire Studios, Inc. All other trademarks and logos belong to their respective
owners. All rights reserved.
Terms of Use and License (the “Agreement”) below. Please read the Agreement carefully. By
checking the box below, you agree to be legally bound by the terms of this Agreement.
TERMS OF USE AND LICENSE AGREEMENT
(TESTING OF A PRE-RELEASE PRODUCT)
Bonfire Studios, Inc. (“Bonfire”) has designed and developed, and is the publisher of a software
product entitled Arkheron (the “Product”). Bonfire has established a pre-release test program
(the “Program”) to, among other things, allow a limited number of people to test the features,
capabilities and performance of one or more pre-release version(s) of the Product (the
“Software”) and provide feedback and comments to Bonfire. By agreeing to this policy:
1. You promise that you are eighteen (18) years of age or older, and, except with Bonfire’s
express permission, and are entering into this Agreement on a completely voluntary basis with no
expectation of consideration, remuneration or any form of compensation whatsoever other
than that which is expressly provided for in this Agreement.
IF YOU ARE BETWEEN THIRTEEN AND EIGHTEEN (18) YEARS OLD (OR THE LEGAL AGE OF MAJORITY
IN YOUR JURISDICTION, IF GREATER), YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE
TO BE BOUND BY THIS AGREEMENT, PERMIT YOU TO USE THIS PRODUCT, AND PROVIDE ANY
PERSONAL INFORMATION IN CONNECTION WITH THE PROGRAM ON YOUR BEHALF;
2. You acknowledge that Bonfire, in its discretion and at any time before or during the
Program, may accept or reject your application for the Program or terminate your participation
therein, and, if you are accepted, the Agreement below is a binding contract between you and
Bonfire;
3. Bonfire, in its sole discretion, may reschedule the start or end date of the Program at any
time;
4. You agree, grant Bonfire the right, and consent, for the term of your participation in the
Program, to allow Bonfire to upload certain diagnostic information, hardware, software, driver,
operating system and related information, including game logs and crash dump files, from your
computer solely for the purpose of analyzing, improving and maintaining the Product; and
5. You agree to all of the terms of this Agreement as set forth below.
AGREEMENT
1. License Terms.
1.1 License Grant. Bonfire grants you (“You”) the non-exclusive, non-transferable, revocable,
limited right and license to install the Software on a single computer for your personal use. You
may not use, copy, reproduce, modify, publish, transmit, publicly perform or display, create
derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of
the Software (including, without limitation, any screenshots, videos, or documentation relating to
the Product) except as provided in this Agreement. You may only use the Software for testing
and evaluation purposes as set forth in Section 1.4 below. All other rights are reserved to Bonfire.
1.2 License Restrictions. You shall not:
a. Sublicense to, transfer, network, transmit, distribute or permit use of the Software by,
any third party;
b. Reverse engineer, decompile, or disassemble the Software;
c. Make copies of the Software other than one (1) copy for back-up purposes to be used
solely as a replacement for the original copy, provided that you include on the back-up copy all
copyright and other notices that are included on the Software and your use of such back-up
copy shall be subject to this Agreement; or
d. Export the Software in violation of the export control and similar laws and regulations of
the United States of America and other countries.
1.3 Indemnification. You (i) agree to indemnify, defend and hold harmless, and (ii) hereby
release Bonfire, its licensors, licensees, and its and their respective officers, directors, employees,
and agents from and against any and all losses, liabilities, claims, obligations, costs and/or
expenses (including reasonable legal fees) which result from, arise out of or in connection with
your use of the Software and all other services or activities related thereto.
1.4 Testing and Evaluation Obligations. You hereby agree to perform all of the following
obligations:
a. to test, evaluate and analyze the Software and its operation, features and
capabilities, and performance,
b. to comply with the reasonable requests of Bonfire from time to time regarding testing;
and
c. to provide feedback and comments to Bonfire (including, but not limited to, bug
reports and test results).
All of your feedback and comments shall be the sole and exclusive property of Bonfire and/or its
licensors, and Bonfire and/or its licensors shall have the perpetual right to use all or part of your
feedback or comments in any manner or media now known or hereafter devised.
1.5 Personally Identifiable Information; Monitoring; Privacy Issues. As a condition to participation
in the Program, you will be required to provide to Bonfire, or allow Bonfire to upload on an
ongoing basis, certain personally identifiable information, including, but not limited to, name,
email address, certain specifications of your hardware, diagnostic information, video cards,
drivers, operating system, game logs, crash dump files, and software (“Personal Information”)
and you hereby specifically grant Bonfire the right to upload such Personal Information from your
computer system during your participation in the Program, solely for the purpose of evaluating,
analyzing, maintaining and improving the Product. Bonfire’s retention and use of all Personal
Information shall be subject to Bonfire’s posted Privacy Policy, as that policy may be modified by
Bonfire in its discretion from time to time. You acknowledge that any and all Software character
data is stored and is resident on Bonfire’s servers, and any and all communications that you
make within the Software, the Product or as part of the Program (including, but not limited to,
messages solely directed at another player or players) traverse through Bonfire’s servers, may or
may not be monitored by Bonfire personnel and, accordingly, you have no expectation of
privacy in any such communication or in any communication referenced herein. You
acknowledge and agree that Bonfire may transfer and process Product, Program or other
information (including your personally identifiable information and personal data) to the United
States or other countries and may share such information with our licensees and agents in
connection with the Program, the Software and the Product.
1.6 Term. Your participation in the Program, and the grant of license herein, may be terminated
by Bonfire at any time, for any reason or for no reason, in Bonfire’s sole and absolute discretion,
by providing written, electronic or e-mailed notice to you. You may, at any time and for any
reason or for no reason, terminate your participation in the Program by providing written or
e-mailed notice to Bonfire. The Program will be terminated upon the earlier of (a) Bonfire’s
written, electronic or e-mailed notice to you or (b) the commercial release of the Product. The
termination of your participation in the Program and/or the termination of the Program,
however, shall not modify or supersede the survival provision in Section 7.1 below.
2. Confidentiality.
2.1 Confidential Information Defined. “Confidential Information” shall mean (a) any and all
information relating to or contained in the Software, Program and/or the Product, including,
without limitation, information relating to: (i) the performance, capabilities, bugs and contents of
the Software, and (ii) any and all information relating to the future or proposed Products, services
or business operations of Bonfire. Confidential Information includes, without limitation, all such
information disclosed to you prior to the effective date of this Agreement. You acknowledge
and agree that the Confidential information constitutes valuable trade secrets of Bonfire.
2.2 Confidentiality Obligation. You will keep the Confidential Information in confidence and shall
not publish, disclose, or otherwise make available, directly or indirectly, any Confidential
Information to any third party. However, you may disclose the Confidential Information in
accordance with a judicial or governmental order; provided, however, that you will give Bonfire
reasonable written notice prior to such disclosure and will comply with any applicable protective
order or equivalent. ONCE THE COMMERCIAL VERSION OF THE PRODUCT HAS BEEN RELEASED BY
BONFIRE TO THE PUBLIC, YOUR CONFIDENTIALITY OBLIGATION SHALL CONTINUE ONLY WITH
RESPECT TO INFORMATION CONCERNING THIS PROGRAM AND ALL FEEDBACK AND COMMENTS
(WHETHER FROM YOU, ANY OTHER PARTICIPANT, OR FROM BONFIRE EMPLOYEES).
3. Ownership. Except for the revocable, limited license expressly granted hereunder, Bonfire
retain all rights, title and interests in and to the Software and all copies thereof, and all Product
data in connection therewith. The Software is copyrighted and is protected by United States
copyright laws and international treaty provisions. You acknowledge that the Software contains
valuable trade secrets of Bonfire, and that Bonfire and/or its licensors own all intellectual
property rights in and to the Software, including, without limitation, all patent rights, copyrights,
inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights
therein and thereto. You may not remove the copyright and other proprietary rights notices from
the Software. You agree that this Agreement shall be retained with all printed and electronic
copies of the Software and documentation constituting the Software. You agree to prevent any
unauthorized copying or distribution of the Software. Except for the license as expressly provided
herein, Bonfire does not grant you any express or implied right in any patents, copyrights,
trademarks, or trade secret information of Bonfire and/or its licensors or licensees. In accordance
with Section 1.4, you agree that Bonfire and/or its licensors own all rights, title and interests in any
and all of your feedback and comments, without any remuneration, compensation or credit to
you. To the extent that any of the rights assigned herein cannot presently be assigned under
applicable law, you agree to assign such rights at such time as the rights are capable of being
assigned, and, until such time, grants to Bonfire an irrevocable, exclusive, perpetual, royalty free,
fully-paid license, throughout the universe, to such non-transferable rights including, but not
limited to, the unfettered right to modify, copy, distribute, perform, display, synchronize,
compose, record and commercialize any and all of such feedback and comments. At Bonfire’s
request, you agree to execute such further documents and to do such further acts as may be
necessary or desirable to document, perfect, register or enforce Bonfire’s and/or its licensors’
ownership of any of the rights, title and/or interests hereunder, in whole or in part including,
without limitation, execution of a copyright assignment in a form provided by Bonfire in its sole
discretion. If you fail or refuse to execute any such documents, you hereby appoint Bonfire as
your attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on
your behalf and to execute, deliver, record and file such documents. The rights granted,
assigned and/or to be assigned by you hereunder are granted for the entire universe and shall
inure in perpetuity and, as set forth above, no further consideration shall be payable to you at
any time in connection therewith. You will acquire no right to use, and will not use without
Bonfire’s prior, written consent, the names, characters, artwork, design, tradenames,
copyrighted materials, trademarks or service marks of Bonfire or its affiliated entities, and its and
their officers, employees, directors, shareholders, assigns, successors or licensees: (a) in any
advertising, publicity or promotion; or (b) in any manner other than in accordance with this
Agreement.
4. Injunctive Relief. You acknowledge and agree that a breach or threatened breach of any
covenant contained in this Agreement would cause irreparable injury, that money damages
would be an inadequate remedy and that Bonfire shall be entitled to temporary and
permanent injunctive relief, without the posting of any bond or other security, to restrain you
from such breach or threatened breach. Nothing in this Section shall be construed as preventing
Bonfire from pursuing any and all remedies available to it, including the recovery of money
damages from you.
5. No Warranty; No Liability for Damages; No Support; Character Data.
5.1 No Warranty. You acknowledge that the Software is a pre-release version and is not a final
Product. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS.
THE SOFTWARE AND ANY LICENSED CODE OR MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY
EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF SATISFACTORY
QUALITY, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE,
THE PRODUCT AND ALL OTHER SERVICES IS WITH YOU. SHOULD SUCH ASSETS PROVE DEFECTIVE
FOLLOWING THEIR RECEIPT BY YOU, YOU AND NOT BONFIRE ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING OR REPAIR. Without limiting the foregoing, Bonfire does not ensure
continuous, error-free, secure or virus-free operation of the Software, the Product, your account
or continued operation or availability of any given server. Some jurisdictions do not allow
limitations as to how long an implied warranty lasts and/or exclusions or limitations of
consequential damages, so the above limitations and/or exclusions of liability described herein
may not apply to some participants. This warranty gives you specific legal rights and you may
also have other legal rights which vary in your jurisdiction.
5.2 No Liability for Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU
ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH
BONFIRE, ITS AFFILIATED ENTITIES, ITS LICENSORS AND LICENSEES, OR ITS OR THEIR EMPLOYEES,
AGENTS, OFFICERS, AND/OR DIRECTORS, ARISING OUT OF OR RELATING TO THIS AGREEMENT IS TO
STOP USING THE PRODUCT AND/OR SOFTWARE, AND TO CANCEL YOUR ACCOUNT. IN NO EVENT
SHALL BONFIRE, ITS AFFILIATED ENTITIES, ITS LICENSORS, OR ITS OR THEIR EMPLOYEES, AGENTS,
OFFICERS, AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS)
ARISING OUT OF YOUR USE OF OR INABILITY TO USE PRODUCT OR THE SOFTWARE, EVEN IF ANY OF
THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the
generality of the foregoing, no warranty is made that the Software will generate computer
programs with the characteristics or specifications desired by you or that the Software will be
error-free. THESE DISCLAIMERS OF WARRANTY AND LIMITATIONS DESCRIBED IN THIS SECTION 5
CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
5.3 No Support. Bonfire does not provide any support for the Software, however, Bonfire may
provide an e-mail address or a password-protected board or forum for you to send any
questions and/or comments regarding the Software. Bonfire 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 board or forum posting(s).
5.4 Test Environment. You acknowledge that the Program is a test environment, that Product
characters and/or game data will be frequently wiped or modified at Bonfire’s sole discretion,
and that Program assets, characters, character data, items, Virtual Token(s) and/or Virtual
Goods (as defined herein) may not be exported into the Product once the Product is
commercially released. You agree that, to the extent permitted by applicable law, Bonfire is not
liable for any loss of data, content, function or utility.
6. Virtual Property. The Software and/or Program may allow you to accumulate virtual, in-game
tokens, such as coins ("Virtual Token(s)") or virtual, in-game digital items (“Virtual
Goods”)(collectively, “Virtual Items”). You may also be able to purchase Virtual Token(s) with
"real world" money. You may have the opportunity to use Virtual Token(s) to license a variety of
Virtual Goods.
6.1 Regardless of how acquired, Virtual Items are non-transferable to another person or account,
do not accrue interest, and are not insured by the Federal Deposit Insurance Corporation (FDIC).
Except for a limited, revocable, non-transferable license to use the Virtual Token(s) and/or Virtual
Goods in the Product and/or Software, you have no ownership right in or title to such Virtual
Token(s) and/or Virtual Goods. Virtual Goods licensed with Virtual Token(s) will be available for
use as soon as reasonably practicable. Bonfire makes no guarantee as to the nature, quality or
value of the features of the Product, Software and/or Program that will be accessible through
the use of the Virtual Token(s) and/or Virtual Goods.
6.2 You are solely responsible for verifying that the proper amount of Virtual Token(s) and/or
Virtual Goods have been added to or deducted from your account during any given
transaction. Please notify Bonfire promptly if you believe that a mistake has been made with
respect to your Virtual Token(s) and/or Virtual Goods.
6.3 Buying, selling and/or otherwise transferring Virtual Token(s) and/or Virtual Goods outside of
the Product, Software and/or Program is strictly prohibited. Virtual Token(s) and/or Virtual Goods
may have an expiration date. Free and/or promotional Virtual Items offered by Bonfire may be
expired at Bonfire’s sole and absolute discretion at any time. YOU ACKNOWLEDGE AND AGREE
THAT THE VIRTUAL TOKEN(S) AND/OR VIRTUAL GOODS YOU ACQUIRE HAVE NO MONETARY VALUE
AND CANNOT BE REDEEMED FOR MONEY, GOODS, OR OTHER ITEMS OF MONETARY VALUE. NO
REFUNDS WILL BE MADE FOR THE PURCHASE OF VIRTUAL TOKEN(S) AND/OR VIRTUAL GOODS. YOU
AGREE THAT BONFIRE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU
WILL NOT RECEIVE MONEY BACK FOR VIRTUAL TOKEN(S) AND/OR VIRTUAL GOODS WHEN AN
ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. No refunds will be made for
purchases of Virtual Goods that are downloadable. Downloaded products or product
registration codes purchased to activate or unlock downloaded software (including any
Product(s)) are non-refundable at any time.
6.4 As Bonfire deems necessary, in its sole and absolute discretion, Bonfire may limit the total
amount of Virtual Token(s) and/or Virtual Goods that may be purchased at any one time,
and/or limit the total amount of Virtual Token(s) and/or Virtual Goods that may be held in your
account in the aggregate.
6.5 While Bonfire may endeavor to transfer any Virtual Token(s) and/or Virtual Goods you
accumulate during the Program to your account in the commercial version of the Product,
Bonfire makes no such guarantee. Notwithstanding the foregoing, Bonfire has the absolute right
to manage, regulate, control, modify, and/or eliminate Virtual Token(s) and/or Virtual Goods,
both in the Program and in the commercial version of the Product, as it sees fit in its sole
discretion, and Bonfire shall have no liability to you or anyone for the exercise of such rights.
Accordingly, price and availability of any Virtual Token(s) and/or Virtual Goods are subject to
change without notice. You acknowledge that Bonfire can and will, in its discretion, modify
features, functions or abilities of any element of the Product or Virtual Items (which may, among
other things, make the Virtual Items substantially more valuable, effective or functional, or less
valuable, effective or functional, more common or less common, or eliminated entirely). Bonfire
may revise the pricing for the Virtual Items offered, including without limitation, subscription plans
for such Virtual Items, at any time.
6.6 In the event that your account is terminated or suspended for any reason, in Bonfire’s sole
and absolute discretion, or if Bonfire discontinues offering the Product, Software and/or Program,
you forfeit any and all Virtual Token(s) and/or Virtual Goods. Bonfire has no liability for "hacking"
or loss of your Virtual Token(s) or Virtual Goods from your account, provided Bonfire uses
reasonable efforts to replace such items under certain circumstances in its reasonable
discretion. You promise, therefore, that you will never assert or bring any claim or suit against
Bonfire and its affiliates, directors, officers, employees, agents and representatives, which is
related to or based on a claim (i) for the "value" of Virtual Token(s) and/or Virtual Goods if Bonfire
deletes them (and/or terminates your Bonfire account(s)), (ii) for the "value" of Virtual Token(s)
and/or Virtual Goods that you may lose if Bonfire does anything that it is entitled to do pursuant
to any provision of this Agreement, its Privacy Policy and/or Code of Conduct, or for any
malfunctions and/or "bugs" in the Product, Software and/or Program, and/or (iii) that the "value"
of any Virtual Token(s) and/or Virtual Goods has increased or decreased by virtue of any
Product modification that Bonfire has made or will make.
6.7 If you leave a balance of Virtual Token(s) unused for a period of time set forth by your state,
country, or other governing body in its unclaimed property laws, or if your account is closed,
whether voluntarily or involuntarily, we may process your Virtual Token(s) balance in accordance
with our legal obligations, including by submitting any funds associated with your Virtual Token(s)
balance to the appropriate governing body where required by law.
7. Miscellaneous.
7.1 Survival. The provisions of this Agreement, other than the first sentence of Section 1.1 and
Sections 1.4(a), 1.4(b) and 1.4(c), shall continue in full force and effect even after (i) the Program
has been terminated and/or completed, and/or (ii) your participation in the Program has been
terminated.
7.2 Governing Law; Jurisdiction. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of California, excluding conflict of law rules
and principles. Both parties submit to personal jurisdiction in California and further agree that any
cause of action relating to this Agreement shall be brought in Orange County, California (if
under state law) or the Southern District of California (if under federal law) and such courts shall
have the exclusive jurisdiction to determine the validity, construction and performance of this
Agreement and the legal relations between the parties hereto. You hereby waive any claim
that such venue is improper or inconvenient.
7.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in
whole or in part, such provision shall be modified to the minimum extent necessary to make it
valid and enforceable, and the validity and enforceability of all other provisions of this
Agreement shall not be affected thereby.
7.4 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. Changes
made by you to this Agreement will not be effective unless set forth in writing describing the
change and agreed to and signed by both Bonfire and you. Bonfire reserves the right to change
the terms of this Agreement at any time upon notice to you by e-mail or by electronic posting of
such changes at the time you log in to the Product. Such changes by Bonfire shall be effective
upon notice to you and your continued participation in the Program after notice of a change in
terms by Bonfire shall constitute your acknowledgement of, and agreement to, be bound by
such changes.
©2025 Bonfire Studios, Inc. Bonfire Studios, Arkheron, and their logos are trademarks or registered
trademarks of Bonfire Studios, Inc. All other trademarks and logos belong to their respective
owners. All rights reserved.