This Agreement is entered into and is effective immediately by and between Legendary Games, and the Closed Beta Tester Applicant (“Receiving Party”). DEFINITION In this Agreement, unless the context otherwise requires, “Confidential Information” shall mean all information and material whether commercial, financial, technical, creative or otherwise, including without limitation all secret or confidential information, of or relating to the Disclosing Party or its affiliates, suppliers and customers in whatever form supplied, together with any details of games, programs, software, business methods and systems, customer lists, contact information, all analyses, compilations, data, studies, method of presentation, look and feel of presentation, or other documents or materials prepared by the Disclosing Party and all such information, data or material prepared by the Receiving Party which are derived from or in connection with the Disclosing Parties Confidential Information, data or material or which contain or are based in whole or in part upon such information and material. CONFIDENTIALITY The Receiving Party acknowledges that the Confidential Information is a valuable, special and unique asset belonging to the Disclosing Party. The Receiving Party agrees to keep the Confidential Information of the Disclosing Party strictly confidential and save as expressly permitted under this Agreement not to disclose such Confidential Information to any other person, firm, corporation, association or other entity for any reason or purpose whatsoever. The Receiving Party agrees that it shall not copy, utilize, employ, exploit or in any other manner whatsoever use the Confidential Information without the written consent of the Disclosing Party. BETA TESTERS DUTIES Beta Tester agrees to report any flaws, errors or imperfections discovered in any software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Project, remain or become the exclusive property of the Disclosing Party. RISKS Beta Tester understands that the Software is incomplete and is provided “as is” and may contain faults or errors that result in unexpected consequences. Beta Tester accepts and acknowledges that use of the software is entirely at the Beta Tester’s own risk and is without Warranty implied or otherwise. In no event will Disclosing Party be liable for any damages whatsoever or any consequential damages whether resulting from impaired or lost data or software or computer failure, or any other cause, or from any other claim by a Beta Tester or any third party. TERMINATION This Agreement is effective until terminated. Beta Tester may terminate this Agreement at any time by: (i) removing the Software from their device; and (ii) notifying the Disclosing Party of their intention to terminate this Agreement. The Disclosing Party may terminate this Agreement at its sole discretion for any reason or no reason. In such event, Beta Tester must immediately remove the Software from their device.