Confidential Playtester Agreement

This Confidential Playtester Agreement ("Playtester Agreement") is entered into between Unfathomed Games LLC ("Company") and the individual accepting it ("Tester"). It supplements the Shards of Eldor Confidential Playtest EULA. If there is a conflict concerning confidentiality, restricted use, or protection of nonpublic playtest material, the provision that more specifically addresses the subject controls to the extent permitted by law.

Purpose: Company is giving Tester limited access to unreleased software and nonpublic design, technical, creative, and business information solely so Tester can evaluate the Game and provide feedback. Access is conditioned on the duties below.

1. Confidential Information

"Confidential Information" includes nonpublic information learned through the playtest, including unreleased mechanics, systems, formulas, probabilities, balance, progression, combat, magic, crafting, gathering, economy, minigames, workflows, algorithms, implementations, source/object code, data, networking, server architecture, security, anti-cheat, maps, lore, quests, artwork, interfaces, recordings, discoveries, roadmaps, test results, private communications, and the nonpublic selection, coordination, configuration, interaction, or combination of otherwise known elements.

It excludes information Tester can demonstrate was lawfully known without restriction before disclosure, became public without breach, was lawfully received from an unrestricted third party, or was independently developed without use of or reference to Company Confidential Information.

2. Limited Purpose and Non-Use

Tester may use Confidential Information only to participate in, evaluate, and provide feedback about the authorized playtest. Tester will not use it to create, reproduce, adapt, implement, balance, improve, advise on, or assist another game, software product, service, or commercial project.

Without Company's prior written authorization, Tester will not reproduce or substantially replicate in another product a nonpublic Eldor mechanic, system, formula, algorithm, workflow, implementation, content structure, or distinctive nonpublic combination of features by using or relying on Confidential Information. Tester will not circumvent this restriction by relying on memory or 'residual' knowledge from the playtest.

3. Nondisclosure

Tester will use at least reasonable care to protect Confidential Information and will not disclose it to any unauthorized person or organization. This includes screenshots, recordings, streams, private discussions, test builds, extracted data, code, documentation, discoveries, vulnerabilities, and private-channel content. Tester will not upload Confidential Information to public repositories, file-sharing services, generative-AI systems, model-training services, or similar third-party systems without Company's written authorization.

4. Intellectual Property Boundary

Company retains its rights in copyrightable expression, software, audiovisual material, artwork, text, lore, characters, interfaces, compilations, trademarks, trade secrets, and other protectable material. Tester receives no ownership interest.

The parties acknowledge that abstract ideas, general concepts, methods, systems, and game mechanics are not made exclusive Company property merely by this Agreement. The contractual restriction is instead directed to Tester's use or disclosure of Company's Confidential Information and trade secrets, and to copying or misuse of material protected by applicable intellectual-property law. Genuine independent development without use of, reference to, or copying from Company Confidential Information is not prohibited.

5. Feedback

Tester may voluntarily provide Feedback. Tester grants Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid license to use, reproduce, modify, adapt, distribute, publish, commercialize, create derivative works from, and otherwise exploit Feedback for any lawful purpose without compensation or attribution. Tester represents that Tester has the right to submit the Feedback.

6. Required Disclosure

If Tester is legally compelled to disclose Confidential Information, Tester may disclose only what is legally required and, to the extent legally permitted, will promptly notify Company so it may seek protective treatment.

7. Term and Return/Deletion

These duties begin when Tester first receives access to Confidential Information. General confidentiality and restricted-use duties continue for five (5) years after Tester's final playtest access. Duties concerning information qualifying as a trade secret continue for so long as it remains legally protected as a trade secret. On request or termination of access, Tester will stop using and delete confidential builds and materials in Tester's possession or control, except where retention is required by law.

8. Remedies

Tester acknowledges that unauthorized use or disclosure may cause harm for which monetary damages may be inadequate. To the extent permitted by law, Company may seek injunctive or equitable relief in addition to other remedies available under contract, trade-secret, intellectual-property, or other law. No remedy is guaranteed.

9. Florida Law; Venue; General Terms

Florida law governs, without regard to conflict-of-laws principles except where applicable law requires otherwise. Subject to nonwaivable rights, litigation arising from this Playtester Agreement will be brought in a court of competent jurisdiction in Hillsborough County, Florida. If a provision is invalid, it will be enforced to the maximum lawful extent and the remainder will continue. No failure to enforce is a waiver. This Playtester Agreement may be executed or accepted electronically.

10. Company Contact

PLAYTESTER ACCEPTANCE

By selecting “I AGREE,” Tester confirms that Tester has read, understands, and agrees to this Confidential Playtester Agreement.

[ ] I AGREE

Tester name: ______________________________________________

Date: ____________________________________________________