Confidential Playtest EULA

This Confidential Playtest End User License Agreement ("Agreement") is a binding agreement between Unfathomed Games LLC, a Florida limited liability company ("Company," "we," "us," or "our"), and the individual accepting it ("Tester," "you," or "your"). It governs access to the pre-release video game currently known as Shards of Eldor / Eldor, and its launcher, client, servers, test builds, test portals, documentation, private testing channels, and related materials (collectively, the "Game").

BY SELECTING "I AGREE," CREATING OR USING A PLAYTEST ACCOUNT, DOWNLOADING A PLAYTEST BUILD, OR ACCESSING THE GAME AFTER THIS AGREEMENT IS PRESENTED, YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE GAME.

1. Eligibility and Personal Access

The confidential playtest is intended only for persons age 18 or older who are legally capable of entering this Agreement. Access is personal. You may not transfer an account, invitation, access token, build, or credentials, or permit an unauthorized person to use your access. Company may condition, limit, suspend, or revoke playtest access in accordance with this Agreement.

2. Limited Playtest License

Subject to compliance with this Agreement, Company grants you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to install and use the Game solely to participate in the authorized playtest and provide testing feedback. No ownership interest is transferred. Except with Company's prior written permission, the license does not authorize commercial exploitation or use of the Game or Confidential Information to develop, test, improve, train, benchmark, or assist another product or service.

3. Pre-Release Software and Test Data

The Game is unfinished pre-release software and may contain bugs, security issues, incomplete systems, temporary assets, balance problems, incompatibilities, interruptions, or data corruption. Features may be added, removed, redesigned, rebalanced, or replaced. Accounts, characters, progression, inventories, items, currency, statistics, and other test data may be modified, reset, or permanently deleted at any time. You acquire no property interest in playtest accounts, characters, virtual items, virtual currency, progression, or test data.

4. Confidential Information

"Confidential Information" means nonpublic information concerning the Game or Company that you receive, observe, access, discover, or learn through the confidential playtest, whether or not marked confidential, when a reasonable person would understand the information to be confidential under the circumstances.

• Unreleased gameplay mechanics, systems, rules, formulas, probabilities, balancing, progression, combat, magery, crafting, gathering, economy, item generation, scoring, minigames, workflows, and the particular selection, coordination, interaction, configuration, or implementation of those elements.
• Source or object code, scripts, assemblies, configuration, data, databases, protocols, APIs, packet structures, authentication, networking, server architecture, anti-cheat, security, validation methods, tools, commands, and technical documentation.
• Unreleased maps, locations, quests, lore, dialogue, creatures, characters, spells, items, artwork, models, animations, audio, interfaces, screenshots, recordings, designs, discoveries, and other creative content.
• Roadmaps, plans, test results, internal discussions, private-channel material, nonpublic bugs or vulnerabilities, performance information, design documents, and other proprietary business or development information.

Confidential Information does not include information you can demonstrate: (a) became public through no breach of a duty owed to Company; (b) was lawfully known to you without restriction before disclosure; (c) was lawfully received from a third party entitled to disclose it without restriction; or (d) was independently developed without use of or reference to Company's Confidential Information. A nonpublic combination, configuration, implementation, process, or arrangement does not become non-confidential merely because individual components are publicly known.

5. Confidentiality, Restricted Use, and Protection of Nonpublic Game Design

You may use Confidential Information only to access, evaluate, test, and provide feedback about the authorized playtest. You must protect it using at least reasonable care and may not use or disclose it for any other purpose without Company's prior written authorization.

• Do not disclose, publish, transmit, teach, demonstrate, summarize, sell, license, distribute, or make Confidential Information available to an unauthorized person.
• Do not use Confidential Information to create, reproduce, adapt, implement, balance, improve, advise on, or assist another game, software product, service, or commercial project.
• Do not reproduce or substantially replicate a nonpublic Eldor mechanic, system, formula, algorithm, workflow, implementation, content structure, or distinctive nonpublic combination of features by using or relying on Confidential Information.
• Do not provide Confidential Information to another developer, publisher, contractor, consultant, competitor, or prospective competitor.
• Do not upload private builds, files, screenshots, recordings, documentation, code, extracted data, or other Confidential Information to public repositories, file-sharing systems, generative-AI services, model-training systems, or other third-party systems except where Company expressly authorizes it.
• Do not retain or use 'residual' Confidential Information from memory for a purpose prohibited by this Agreement; the fact that information is remembered does not remove the confidentiality or limited-use obligations.
• Do not assist another person in any prohibited activity.

This section protects Company's confidential information and trade secrets by contract. It does not give Company ownership of abstract ideas, general game concepts, methods, systems, or mechanics that applicable intellectual-property law leaves unprotected, and it does not prohibit genuine independent development that does not use, reference, copy protected expression from, or misappropriate Company's Confidential Information.

If disclosure is legally required, you may make only the disclosure required by law. To the extent legally permitted, promptly notify Company so it may seek protective treatment.

6. No Public Sharing of Confidential Playtest Material

Unless Company expressly designates particular material as approved for public sharing, the playtest is confidential. Without prior written authorization, you may not livestream or broadcast the Game; publish gameplay footage, screenshots, recordings, or private-channel material; publicly reveal unreleased systems, discoveries, formulas, content, or vulnerabilities; intentionally permit an unauthorized person to observe confidential gameplay for the purpose of obtaining Confidential Information; or provide builds, files, download links, account access, or playtest access to another person. Authorization is limited to the specific material Company identifies.

7. Ownership and Intellectual Property

As between you and Company, Company and its licensors retain all right, title, and interest in and to the Game and Company materials, including copyrightable software and audiovisual expression, artwork, text, lore, characters, maps, interfaces, databases and compilations, documentation, trademarks, logos, proprietary technology, and trade secrets. Except for the limited license expressly granted, no rights are granted by implication, estoppel, or otherwise.

You may not copy protected expression, extract or redistribute Company assets, create unauthorized derivative works from Company materials, falsely claim ownership or authorship of Company materials, or use Company marks in a manner likely to imply sponsorship, affiliation, or endorsement. Nothing in this Agreement expands intellectual-property rights beyond rights available under applicable law.

8. Prohibited Technical Activities

Except to the extent a restriction is prohibited by applicable law, you may not:

• copy, reproduce, distribute, sell, rent, lease, sublicense, or transfer the Game except as expressly permitted;
• decompile, disassemble, decode, reverse engineer, translate, or attempt to derive source code or nonpublic implementation details;
• extract, scrape, rip, export, mine, or redistribute Game assets or data for an unauthorized purpose;
• inspect or manipulate memory, files, processes, or network traffic for an unauthorized purpose;
• bypass or interfere with authentication, authorization, encryption, anti-cheat, access controls, rate limits, security controls, or technical restrictions;
• probe, scan, exploit, or test vulnerabilities except within a Company-authorized security-testing scope;
• create or use cheats, bots, automation, macros, exploits, unauthorized modifications, packet-manipulation tools, emulators, proxies, private servers, or modified clients that violate Company rules or provide unauthorized access or advantage;
• access another player's account or restricted Company systems; or assist another person in these activities.

Good-faith bug and security reports submitted privately through a Company-approved channel are permitted. Discovery of a vulnerability or exploit does not authorize public disclosure, repeated exploitation, monetization, or access beyond what is reasonably necessary to document the issue.

9. Account and Build Security

You must take reasonable measures to protect credentials, builds, private channels, and Confidential Information. Promptly report suspected compromise or unauthorized distribution to Admin@Eldorgame.com. Company may use account identifiers, build identifiers, logging, or watermarks to investigate unauthorized distribution, subject to the Privacy Notice.

10. Feedback

"Feedback" means suggestions, ideas, bug reports, observations, designs, comments, or other material you voluntarily submit concerning the Game. You represent that you have the right to submit it and that it does not knowingly include another person's confidential information or intellectual property without authorization.

To the maximum extent permitted by law, you grant Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform, create derivative works from, commercialize, and otherwise exploit Feedback for any lawful purpose without compensation, attribution, or other obligation to you. Feedback does not give you ownership of features, systems, content, or implementations later developed or used by Company. This does not transfer ownership of a work or invention independently created outside the playtest without use of Company's Confidential Information.

11. Game Rules and Conduct

You agree to follow reasonable playtest rules and testing instructions. You may not intentionally disrupt services; harass or threaten others; impersonate Company or another person; abuse exploits beyond reasonable reproduction for reporting; duplicate or manipulate items, currency, or economy state by unauthorized means; interfere with accounts; or engage in conduct intended to damage the Game, Company, or testing environment.

12. Privacy

Company processes account, gameplay, networking, security, technical, diagnostic, and communications information to operate and evaluate the Game. Processing is described in the separate Shards of Eldor Privacy Notice, which is incorporated by reference only to the extent expressly stated there. By participating, you acknowledge that the Privacy Notice was made available to you. The Privacy Notice is not a waiver of rights that cannot lawfully be waived.

13. Termination and Survival

Company may suspend or terminate access for breach of this Agreement, security or operational risk, abuse, fraud, misuse, improper disclosure, or material interference with the playtest, and may modify or discontinue the playtest. On termination, the license ends immediately and you must stop using the Game and, on request, delete confidential builds and materials in your possession or control, except where retention is required by law.

General confidentiality and restricted-use obligations continue for five (5) years after your final access to the confidential playtest. Obligations concerning information qualifying as a trade secret continue for so long as the information remains protected as a trade secret under applicable law. Ownership, Feedback, accrued rights, remedies, disclaimers, liability provisions, and provisions that by their nature should survive also survive.

14. Unauthorized Use, Disclosure, and Remedies

You acknowledge that unauthorized disclosure or use of Confidential Information, unauthorized distribution of a build, or infringement or misappropriation of intellectual property or trade secrets may cause harm for which monetary damages may be inadequate. To the extent permitted by law, Company may seek injunctive or other equitable relief in addition to other remedies available under contract, intellectual-property, trade-secret, or other applicable law. Nothing guarantees that a particular remedy will be awarded.

15. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAME AND PLAYTEST SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE GAME WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, COMPATIBLE WITH PARTICULAR HARDWARE OR SOFTWARE, OR THAT TEST DATA WILL BE PRESERVED. RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED ARE NOT DISCLAIMED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE PLAYTEST OR THIS AGREEMENT, INCLUDING LOSS OF DATA, PROFITS, BUSINESS, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLAYTEST OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID COMPANY SPECIFICALLY TO PARTICIPATE IN THE PLAYTEST DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100. NOTHING EXCLUDES OR LIMITS LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE EXCLUDED OR LIMITED.

17. Responsibility for Intentional Misuse

To the extent permitted by law, you are responsible for losses, claims, or reasonable costs arising directly from your intentional unauthorized distribution of the Game, infringement or misappropriation of Company intellectual property, disclosure or misuse of Confidential Information, unauthorized access to Company systems, or other material violation of Sections 4 through 9. This section does not require you to compensate Company for Company's own negligence, unlawful conduct, or matters for which responsibility cannot lawfully be imposed.

18. Florida Law and Venue

This Agreement is governed by Florida law, without regard to conflict-of-laws rules, except where applicable law requires otherwise. Subject to rights that cannot legally be waived, lawsuits arising out of or relating to this Agreement will be brought in a state or federal court of competent jurisdiction located in Hillsborough County, Florida, and each party consents to those courts. Nothing prevents a party from seeking temporary, emergency, injunctive, or equitable relief from a court with jurisdiction when reasonably necessary to protect Confidential Information, intellectual property, systems, accounts, or security.

19. General Terms

If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue in effect. Failure to enforce a provision is not a waiver. You may not assign this Agreement or playtest rights without Company's prior written consent. Company may assign this Agreement in connection with a reorganization, financing, merger, acquisition, sale of assets, transfer of the Game, or similar transaction, subject to applicable law.

Company may revise this Agreement prospectively. If renewed assent is legally required or Company elects to require it, the revised Agreement will be presented before further affected access. This Agreement, together with expressly incorporated written playtest rules, is the entire agreement concerning the confidential playtest and supersedes prior understandings concerning the same subject matter. It does not retroactively make information confidential that Company previously made public without confidentiality restrictions.

20. Contact

PLAYTESTER ACKNOWLEDGMENT

• You are at least 18 years old and legally capable of entering this Agreement.
• You understand that the Game is confidential, unfinished pre-release software.
• You will not distribute builds or give unauthorized persons access.
• You will not disclose or make prohibited use of Confidential Information.
• You will not use Confidential Information to reproduce or assist another product in reproducing nonpublic Eldor systems, implementations, formulas, workflows, content, or distinctive nonpublic combinations.
• You understand that abstract ideas and general mechanics are not made Company property merely by this Agreement; the restrictions concern Company materials, protected expression, Confidential Information, trade secrets, and your contractual duties.
• You acknowledge that the Privacy Notice has been made available to you.
• You have read and agree to this Agreement.

[ ] I AGREE