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 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).

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 
Companys 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.

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
