BETA TEST AGREEMENT


    This Beta Test Agreement (Agreement) is entered into between Loki
Software, Inc (Company) and you, the end user (you). You may acknowledge
your agreement to all of the terms and conditions of this Agreement by using
the Software (defined below). If you do not agree, you are not authorized to
make any use of the Software whatsoever, and must return or destroy it and
all copies in your possession or control.

    Use of Software; Software License. Subject to all the terms and conditions
of this Agreement, Company grants to You a personal, royalty-free,
nonsublicensable, nontransferable, nonexclusive license to install and use
the Software solely for Your personal testing on behalf of Company. For
purposes of this Agreement, Software shall mean the pre-release version of
Companys Linux version of <Name of Game> and any subsequent version thereof
which Company may, from time to time and in its sole discretion, provide to
You. You agree to use the Software only in the ordinary course of testing,
and not to distribute, publicly display or modify the Software or any portion
thereof. You may make copies of the Software in the normal course of testing,
but all such copies are subject to this Agreement including, without
limitation, the restrictions on distribution. You shall not reverse assemble,
reverse compile or reverse engineer the Software, or otherwise attempt to
discover any of the source code or underlying Proprietary Information (defined
below).

    Ownership. Except as expressly and unambiguously licensed in Section 1
above, as between the parties, Company and its licensors own all right, title
and interest in and to the Software and Proprietary Information.

    Confidentiality. You acknowledge that, in the course of testing the
Software, You may obtain or develop information relating to the Software
and/or to Company or its licensors (Proprietary Information), including,
without limitation, code, technology, know-how, ideas, algorithms, testing
procedures, structure, interfaces, documentation, problem reports, development
schedule, analysis and performance information, and other technical, business,
software, marketing and financial information, plans and data. During and
after the term of this Agreement, You shall hold in confidence and protect,
and shall not use (except as expressly authorized by this Agreement) or
disclose, Proprietary Information, unless such Proprietary Information
becomes part of the public domain without breach of this Agreement by You.
You may publish screenshots, general impressions in the form of a product
preview and other general information relating to the Software provided,
however, that such information must include a prominent notice that the
Software is a pre-release, beta version, and subject to change before release.

    Evaluation. During the term of this Agreement and as applicable in the
course of your evaluation, you agree to submit reports to the Company's
online database located at fenris.lokigames.com. Such reports shall specify
(i) all errors, bugs, crashes, failures, unexpected results and other problems
encountered with the Software and any resolutions or workarounds therefor,
(ii) any other information or feedback concerning Your use, testing and
evaluation of the Software, and (iii) any suggested modifications, design
changes, features or improvements to the Software. You agree that Company
shall have any and all right, title and interest in and to any such suggested
modifications, design changes, features or improvements to the Software,
without the payment of any additional consideration therefor, and Company
shall have the right to use, in any manner and for any purpose whatsoever,
any information provided by You hereunder.

    No Training or Support. You acknowledge and agree that Company shall have
no obligation under this Agreement to provide any training or to correct any
Software bugs, defects or errors.

    Warranty Disclaimer. The parties acknowledge and agree that the Software
is in pre-release form, with known bugs and errors, and may not function
correctly or at all on any machine or in any environment and is therefore
provided AS-IS and at Your sole risk. COMPANY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST
INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY TO ANY PERSON RELATING TO THE
SOFTWARE, ITS USE OR ANY INABILITY TO USE THE SOFTWARE, THE RESULTS OF ITS
USE, OR THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED NOTHING IN THIS
AGREEMENT SHALL BE CONSTRUED AS PERMITTING YOU TO RELY IN ANY WAY ON THE
CONTINUED USE OF THE SOFTWARE AFTER EXPIRATION OF THE BETA TEST PERIOD.

    Limitation of Remedies and Damages. COMPANY SHALL NOT BE RESPONSIBLE OR
LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND
CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY FOR ANY (A) LOSS OR INACCURACY OF DATA, (B) COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT
LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS OR (D) FOR ANY MATTER BEYOND
ITS REASONABLE CONTROL.

    Termination. This Agreement may be terminated by Company for any reason
or no reason upon thirty (30) days prior written notice to You via email, or
immediately without notice upon any breach by You of the provisions of this
Agreement. Upon termination, the terms of this Agreement will remain in full
force and effect, except the license granted in Section 1 shall terminate and
You will immediate cease all use of the Software and destroy all copies or
portions thereof in Your possession or control.

    No Assignment. Neither the rights nor the obligations arising under this
Agreement are assignable or transferable by You, and any such attempted
assignment or transfer shall be void and without effect.

    Controlling Law; Attorneys Fees; Severability. This Agreement shall be
governed by and construed in accordance with the laws of the State of
California without regard to conflicts of laws provisions thereof. In any
action to enforce this Agreement the prevailing party will be entitled to
costs and attorneys fees. In the event that any of the provisions of this
Agreement shall be held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable.

    Entire Agreement; Amendment; Waiver. This Agreement constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof,
and any and all written or oral agreements heretofore existing between the
parties hereto are expressly cancelled. No waiver or modification of this
Agreement will be binding upon either party unless made in a writing signed by
both parties and no failure or delay in enforcing any right will be deemed a
waiver.

Loki Software, Inc.
250 El Camino Real #100
Tustin, CA 92780
Beta@lokigames.com

