Dune Awakening– BETA TESTING TERMS- End User Licensing Agreement

Revised Feb 21, 2024

Welcome to the Dune Awakening Pre-Release Beta (the “Game”)!  We hope you enjoy the Game.

Your use of the Game during the Beta Testing Period is subject to these terms and conditions (the “Agreement”). By using the Game, you are agreeing to this Agreement. If you do not agree to this Agreement, please do not use the Game.

If you have any questions in relation to the Game or this Agreement, please contact us at help.funcom.com .

  1. Age. You must be at least 18 years old (or such other minimum age as is applicable in the jurisdiction you live in) to create an account, or use or access the Game. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read this Agreement and accept it on your behalf, and to create an account. Parents and guardians are responsible for the acts of their minor children when using an account they created, or the Game, and you understand and agree that you will be responsible for all uses of the account and the Game by your minor child whether or not you authorized such uses. You may not create or use an account, or use or access the Game on behalf of a legal entity or for a commercial purpose.
  2. Limited right to use the Game. We grant you a limited right to use the Game during the period from the earlier of your acceptance of this Agreement or your use of the Game until the later of the end of the Beta or the date that you upgrade to the public release of the Game “Beta Testing Period”, subject to you complying with this Agreement and any other directions or instructions from us.
  3. The Game is in beta testing phase. You will be using a beta version of the Game, which is still undergoing testing before its public release. It is not a final or publicly available version of the Game, and it may be substantially modified prior to its public release (if and when that happens). Your use of the Game during the Beta Testing Period is part of our testing of the Game before its public release.
  4. No representations, warranties or liability for the Game. As the Game is still in a testing phase, it is likely to contain errors. Betas are not guaranteed to work properly, and may make other parts of your device or system does not work properly as well. You agree that:
    • we provide the Game (including all content found within it) to you on an “as is” and “as available” basis;
    • we may terminate or qualify your use of the Game at any time;
    • we may terminate or change the Game at any time, meaning the version of the Game may become unplayable or certain functions may cease to operate. When we terminate the beta test you must delete the local installation of the Game and all documents and materials you received from us in connection with the Game;
    • we may automatically delete or modify the information stored on your device related to the Beta for any reason at any time during the Beta Testing Period;
    • if and when we release a full (non-beta) version of the Game, we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Agreement but instead be subject to the terms and conditions, privacy policy, and any other policies, that apply to the use of the full version;
    • we do not give any representations or warranties of any kind (whether express or implied) in relation to the Game or any other subject matter, including as to, non-infringement, the suitability or usability of the Game or whether the Game will be free of errors; and
    • we (and our affiliated companies) will not be liable for any losses (whether such losses are direct, indirect, special or consequential or of any other kind) suffered by you or any third party in relation to your use of the Game, even if we have been advised of the possibility of such losses; and
    • you will indemnify us (and our affiliated companies) on demand for any losses incurred by us in relation to your use of the Game.
  5. No transfer or licence of rights. We retain exclusive ownership of the Game. Nothing in this Agreement will transfer or licence any rights from us to you, except as expressly specified.
  6. Your obligation. You agree:
    • to follow any of our directions and instructions in relation to your use of the Game;
    • to use the Game in compliance with all applicable laws;
    • no to share your gaming experiences with others, using images, video, sound effects, in-game music or other assets from our Game (“Content”). Using our Content without our permission is illegal and a violation of our rights; and
    • to use reasonable efforts to provide suggestions, comments or ideas and report issues or problems related to your use of the Game (collectively, "feedback") to us in accordance with our instructions (including as to timing). You assign to us all rights in and to any feedback, without any compensation or obligation from us.
  7. "Confidential Information" means any information disclosed by us to you, or accessed or provided by you, in relation to the Game (including any feedback provided and the Game itself). You agree that you will:
    • not use any Confidential Information other than as necessary to use the Game in accordance with this Agreement;
    • maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;
    • not disclose the Confidential Information to any person or entity other than as permitted by us; and
    • not make any public announcements related to the Service, including publishing or disclosing any information (e.g. screenshots and specifications) relating to the Game, without our prior written approval, which we may grant or withhold in our sole discretion.
  8. Tracking of your use of the Game. As part of our testing of the Game, you agree that we may collect and use any information related to your use of the Service, in order for us to assess, develop and improve the Game. You assign to us all rights in and to such information, without any compensation or obligation from us.
  9. Personal information. We will process certain personal information from you as part of your use of the Service (including to set up your account and allow the features of the Service to function). We will treat any such personal information from you in accordance with the Privacy Policy. You may have certain rights in relation to your personal information, and we encourage you to get in touch with us at [email protected] if you have any questions about how we process your personal information.
  10. We may amend this Agreement at any time – by continuing to use the Service, you agree to those amendments. Clauses 1.3, 1.5 and 1.6 will survive any termination of this Agreement. This Agreement does not operate to limit any of your statutory rights that cannot be limited. This Agreement is governed by Hong Kong law. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this Agreement.