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. 1. 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 Company's Linux version of RUNE 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). 2. 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. 3. 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. 4. 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 http://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 therefore, (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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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