Sonic Rumble
Closed Beta Participation Agreement

1. Application of this Beta Agreement

1. 1.1. This Closed Beta Participation Agreement (this “Agreement”) is a legal agreement between you (“Tester” or “you”), and SEGA OF AMERICA, INC. (“SEGA”), regarding the participation of closed beta test of “Sonic Rumble” (the “CBT”). Please review this Agreement carefully before applying to or participating in the CBT.
2. 1.2. Under this Agreement, (i) the term "Tester(s)" refers to individuals who have received an invitation from SEGA to participate in the CBT, and Testers must be a resident of the United States of America and be at least 13 years of age. By engaging in the CBT, you affirm and warrant that you have fully reviewed, understand, and agree to the terms of this Agreement. Consequently, you will be legally bound by the provisions of this Agreement from the moment of your participation, and (ii) the term "Game" refers to the closed beta version of the game of “Sonic Rumble”.

2. Participation and Cooperation of Testers

During the CBT, Testers shall report any bugs or issues found while playing the Game. Testers shall be entirely responsible for maintaining the confidentiality of the information they hold on their CBT account including but not limited to their ID, password and other information used to participate in the CBT (“Tester Information”) to others. To the fullest extent permitted by applicable law, each Tester is responsible for maintaining the confidentiality of his or her CBT account and Tester Information. Further, each Tester is responsible for all actions and activities that occur under his or her CBT account. In the event of any unauthorized use of his or her CBT account or any other breach of security, such Tester shall promptly notify SEGA.

3. Limited Use License

Subject to Tester's compliance with the terms and conditions of this Agreement, SEGA hereby grants to Tester a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Game solely and exclusively for Tester's personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for the Game. IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAME OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY OTHER FORM OF REPRODUCTION OR ANY FORM OF DISTRIBUTION IS EXPRESSLY AND EXPLICITLY PROHIBITED, except where permitted by law. All rights not specifically granted under this Agreement are hereby reserved by SEGA and, as applicable, by its licensors. Tester may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of the Game (or any part thereof), without the express prior written consent of an authorized representative of SEGA.

4. No Right to Ownership

TESTER ACKNOWLEDGES AND AGREES THAT TESTER SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME, AND TESTER FURTHER ACKNOWLEDGES AND AGREES THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA. Except as expressly licensed to you herein, all right, title, and interest in and to the Game and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Product and any related documentation) are owned by SEGA or SEGA's licensors.

The Game is protected by United States copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Game contains certain licensed materials, and SEGA and SEGA's licensors may protect their rights in the event of any violation of this Agreement.

The limited license granted to Tester under this Agreement does not give Tester any title or ownership in the Game and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Game.

5. License Conditions

Tester agrees to only use the Game, or any part of it, in a manner that is consistent with this Agreement, and SHALL NOT:

• (a) exploit the Game or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
• (b) use the Game or permit the use of the Game, on more than one computer, game console, mobile device, handheld device or other game platform at the same time, unless expressly authorized by SEGA;
• (c) use the Game, or permit use of such Game, or make the Game available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
• (d) sell, rent, lease, license, distribute or otherwise transfer this Game or any copies;
• (e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game, in whole or in part, except where permitted by law;
• (f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game, including but not limited to separating the key code from the physical materials included with the Game (if applicable);
• (g) export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
• (h) create data or executable programs which mimic data or functionality in the Game.

If you commit any breach of this Agreement, your right to use the Game under this Agreement shall automatically and immediately terminate, without notice. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject you to civil and criminal liability.

Furthermore, you agree that you shall abide by any safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying or otherwise provided in connection with the Game.

6. Confidentiality

Testers shall not disclose or leak any information regarding the specifications, technology, or bugs of the Game acquired through the CBT to any third parties. This includes, but is not limited to, gameplay mechanics, technical details, and any observed glitches.

7. Prohibited Activities

Testers are prohibited from:

1. (1) transferring, lending, or transferring all or part of their rights as Testers to others, or engaging in the sale, name change, or providing as collateral or security of such rights;
2. (2) participating in the CBT for commercial activities, for profit purposes, or in preparation thereof;
3. (3) recording, capturing, or live-streaming any gameplay footage or images on the internet, including social media platforms;
4. (4) creating merchandise, illustrations, or any other forms of user-generated content based on the Game without express written permission from SEGA;
5. (5) reverse engineering of any of the programs provided in the CBT; and
6. (6) performing any other actions deemed by SEGA to be contrary to the purpose of the CBT or this Agreement.

8. Collection of Game Data

1. 8.1. During the CBT, SEGA may upload information related to hardware, software, and error logs, as well as Tester's play data, from the Testers' hardware to the servers of SEGA, without obtaining individual consent from the Testers, for the purpose of analyzing and improving the Game.
2. 8.2. In order to participate in the CBT, Testers need to register specific email address as specified below:
   - For Android Users: Testers using the Android platform shall register with the Gmail address associated with their Google Play Store account.
   - For iOS Users: Testers using the iOS platform shall register with an email address capable of receiving HTML emails.
3. 8.3. The Tester's data accumulated during the CBT will not be carried over for the official launch of “Sonic Rumble”.
4. 8.4. Testers may share their social media account handle or URLs with SEGA. By opting to provide this information to SEGA, Testers consent to being contacted by SEGA or its designated representatives for the possibility of further collaboration relating to the Game or any other SEGA game.

9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TESTER EXPRESSLY AGREES THAT THE USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH TESTER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, SEGA MAKES NO WARRANTY THAT (A) THE GAME WILL MEET TESTER'S REQUIREMENTS, (B) TESTER'S USE OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME WILL BE INTEROPERABLE OR COMPATIBLE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.

AT SOME POINT IN THE FUTURE, THE GAME MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE SUCH GAME. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH GAME IS DONE AT TESTER'S OWN DISCRETION AND RISK AND WITH TESTER'S AGREEMENT THAT TESTER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO TESTER'S COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SEGA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE GAME, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE GAME FOR ANY PURPOSE. THE GAME, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE GAME MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. TESTER UNDERSTANDS AND AGREES THAT TEMPORARY INTERRUPTIONS OF THE GAME MAY OCCUR AS NORMAL EVENTS. TESTER FURTHER UNDERSTANDS AND AGREES THAT SEGA HAS NO CONTROL OVER THIRD PARTY NETWORKS TESTER MAY ACCESS IN THE COURSE OF THE USE OF THE GAME, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND SEGA'S CONTROL.

TESTER ACKNOWLEDGES AND AGREES THAT TESTER'S EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE GAME. IN NO CASE SHALL ANY LIABILITY OF SEGA TO TESTER EXCEED THE AMOUNT THAT TESTER PAID TO SEGA OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL SEGA OR ITS AFFILIATES BE LIABLE TO TESTER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND THE SEGA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

Upon a request by SEGA, Tester agrees to defend, indemnify, and hold SEGA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys' fees, that arise from (a) Tester's use of, or activities in connection with, the Game (including but not limited to the creation and use of user-generated content which is synchronized with the Game and/or Game footage; (b) any violation of the Agreement by Tester; or (c) any allegation that any content that Tester makes available via the Game infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Tester, in which event Tester will cooperate with SEGA in asserting any available defenses.

11. Cancellation and Termination of the CBT

SEGA may, at its discretion, cancel or interrupt the CBT or change the term of the CBT.

12. Rights

Between Testers and SEGA, SEGA retains all rights related to the Game, possesses all rights and authority related to them in the future, and holds all rights (including intellectual property rights) related to accounts. Testers are granted only the right to access and use the Game within the limited scope permitted by this Agreement.

13. Personal Information

During the execution of the CBT, should SEGA collect personal information from Testers, such information will be acquired, processed, and protected strictly in alignment with SEGA's privacy policy.

14. Changes

SEGA may, at its discretion, amend the contents of this Agreement as necessary from time to time. Such amendments to this Agreement take effect when SEGA posts the revised Agreement on the CBT official web site, and the conditions for participation in the CBT will be based on the revised of this Agreement thereafter. If a Tester continues to participate in the CBT after the amendment of this Agreement, it will be considered that the Tester has accepted the changes.

15. Governing Law and Jurisdiction

Any dispute arising out of or related to this Agreement shall be governed in all respects by the laws of the State of California of the United States of America without regard to conflict of law provisions.