In order to participate in the pre-release testing of Arkheron, you must read and accept the

Terms of Use and License (the “Agreement”) below. Please read the Agreement carefully. By

checking the box below, you agree to be legally bound by the terms of this Agreement.

TERMS OF USE AND LICENSE AGREEMENT

(TESTING OF A PRE-RELEASE PRODUCT)

Bonfire Studios, Inc. (“Bonfire”) has designed and developed, and is the publisher of a software

product entitled Arkheron (the “Product”). Bonfire has established a pre-release test program

(the “Program”) to, among other things, allow a limited number of people to test the features,

capabilities and performance of one or more pre-release version(s) of the Product (the

“Software”) and provide feedback and comments to Bonfire. By agreeing to this policy:

1. You promise that you are eighteen (18) years of age or older, and, except with Bonfire’s

express permission, and are entering into this Agreement on a completely voluntary basis with no

expectation of consideration, remuneration or any form of compensation whatsoever other

than that which is expressly provided for in this Agreement.

IF YOU ARE BETWEEN THIRTEEN AND EIGHTEEN (18) YEARS OLD (OR THE LEGAL AGE OF MAJORITY

IN YOUR JURISDICTION, IF GREATER), YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE

TO BE BOUND BY THIS AGREEMENT, PERMIT YOU TO USE THIS PRODUCT, AND PROVIDE ANY

PERSONAL INFORMATION IN CONNECTION WITH THE PROGRAM ON YOUR BEHALF;

2. You acknowledge that Bonfire, in its discretion and at any time before or during the

Program, may accept or reject your application for the Program or terminate your participation

therein, and, if you are accepted, the Agreement below is a binding contract between you and

Bonfire;

3. Bonfire, in its sole discretion, may reschedule the start or end date of the Program at any

time;

4. You agree, grant Bonfire the right, and consent, for the term of your participation in the

Program, to allow Bonfire to upload certain diagnostic information, hardware, software, driver,

operating system and related information, including game logs and crash dump files, from your

computer solely for the purpose of analyzing, improving and maintaining the Product; and

5. You agree to all of the terms of this Agreement as set forth below.

AGREEMENT

1. License Terms.

1.1 License Grant. Bonfire grants you (“You”) the non-exclusive, non-transferable, revocable,

limited right and license to install the Software on a single computer for your personal use. You

may not use, copy, reproduce, modify, publish, transmit, publicly perform or display, create

derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of

the Software (including, without limitation, any screenshots, videos, or documentation relating to

the Product) except as provided in this Agreement. You may only use the Software for testing

and evaluation purposes as set forth in Section 1.4 below. All other rights are reserved to Bonfire.

1.2 License Restrictions. You shall not:

a. Sublicense to, transfer, network, transmit, distribute or permit use of the Software by,

any third party;

b. Reverse engineer, decompile, or disassemble the Software;

c. Make copies of the Software other than one (1) copy for back-up purposes to be used

solely as a replacement for the original copy, provided that you include on the back-up copy all

copyright and other notices that are included on the Software and your use of such back-up

copy shall be subject to this Agreement; or

d. Export the Software in violation of the export control and similar laws and regulations of

the United States of America and other countries.

1.3 Indemnification. You (i) agree to indemnify, defend and hold harmless, and (ii) hereby

release Bonfire, its licensors, licensees, and its and their respective officers, directors, employees,

and agents from and against any and all losses, liabilities, claims, obligations, costs and/or

expenses (including reasonable legal fees) which result from, arise out of or in connection with

your use of the Software and all other services or activities related thereto.

1.4 Testing and Evaluation Obligations. You hereby agree to perform all of the following

obligations:

a. to test, evaluate and analyze the Software and its operation, features and

capabilities, and performance,

b. to comply with the reasonable requests of Bonfire from time to time regarding testing;

and

c. to provide feedback and comments to Bonfire (including, but not limited to, bug

reports and test results).

All of your feedback and comments shall be the sole and exclusive property of Bonfire and/or its

licensors, and Bonfire and/or its licensors shall have the perpetual right to use all or part of your

feedback or comments in any manner or media now known or hereafter devised.

1.5 Personally Identifiable Information; Monitoring; Privacy Issues. As a condition to participation

in the Program, you will be required to provide to Bonfire, or allow Bonfire to upload on an

ongoing basis, certain personally identifiable information, including, but not limited to, name,

email address, certain specifications of your hardware, diagnostic information, video cards,

drivers, operating system, game logs, crash dump files, and software (“Personal Information”)

and you hereby specifically grant Bonfire the right to upload such Personal Information from your

computer system during your participation in the Program, solely for the purpose of evaluating,

analyzing, maintaining and improving the Product. Bonfire’s retention and use of all Personal

Information shall be subject to Bonfire’s posted Privacy Policy, as that policy may be modified by

Bonfire in its discretion from time to time. You acknowledge that any and all Software character

data is stored and is resident on Bonfire’s servers, and any and all communications that you

make within the Software, the Product or as part of the Program (including, but not limited to,

messages solely directed at another player or players) traverse through Bonfire’s servers, may or

may not be monitored by Bonfire personnel and, accordingly, you have no expectation of

privacy in any such communication or in any communication referenced herein. You

acknowledge and agree that Bonfire may transfer and process Product, Program or other

information (including your personally identifiable information and personal data) to the United

States or other countries and may share such information with our licensees and agents in

connection with the Program, the Software and the Product.

1.6 Term. Your participation in the Program, and the grant of license herein, may be terminated

by Bonfire at any time, for any reason or for no reason, in Bonfire’s sole and absolute discretion,

by providing written, electronic or e-mailed notice to you. You may, at any time and for any

reason or for no reason, terminate your participation in the Program by providing written or

e-mailed notice to Bonfire. The Program will be terminated upon the earlier of (a) Bonfire’s

written, electronic or e-mailed notice to you or (b) the commercial release of the Product. The

termination of your participation in the Program and/or the termination of the Program,

however, shall not modify or supersede the survival provision in Section 7.1 below.

2. Confidentiality.

2.1 Confidential Information Defined. “Confidential Information” shall mean (a) any and all

information relating to or contained in the Software, Program and/or the Product, including,

without limitation, information relating to: (i) the performance, capabilities, bugs and contents of

the Software, and (ii) any and all information relating to the future or proposed Products, services

or business operations of Bonfire. Confidential Information includes, without limitation, all such

information disclosed to you prior to the effective date of this Agreement. You acknowledge

and agree that the Confidential information constitutes valuable trade secrets of Bonfire.

2.2 Confidentiality Obligation. You will keep the Confidential Information in confidence and shall

not publish, disclose, or otherwise make available, directly or indirectly, any Confidential

Information to any third party. However, you may disclose the Confidential Information in

accordance with a judicial or governmental order; provided, however, that you will give Bonfire

reasonable written notice prior to such disclosure and will comply with any applicable protective

order or equivalent. ONCE THE COMMERCIAL VERSION OF THE PRODUCT HAS BEEN RELEASED BY

BONFIRE TO THE PUBLIC, YOUR CONFIDENTIALITY OBLIGATION SHALL CONTINUE ONLY WITH

RESPECT TO INFORMATION CONCERNING THIS PROGRAM AND ALL FEEDBACK AND COMMENTS

(WHETHER FROM YOU, ANY OTHER PARTICIPANT, OR FROM BONFIRE EMPLOYEES).

3. Ownership. Except for the revocable, limited license expressly granted hereunder, Bonfire

retain all rights, title and interests in and to the Software and all copies thereof, and all Product

data in connection therewith. The Software is copyrighted and is protected by United States

copyright laws and international treaty provisions. You acknowledge that the Software contains

valuable trade secrets of Bonfire, and that Bonfire and/or its licensors own all intellectual

property rights in and to the Software, including, without limitation, all patent rights, copyrights,

inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights

therein and thereto. You may not remove the copyright and other proprietary rights notices from

the Software. You agree that this Agreement shall be retained with all printed and electronic

copies of the Software and documentation constituting the Software. You agree to prevent any

unauthorized copying or distribution of the Software. Except for the license as expressly provided

herein, Bonfire does not grant you any express or implied right in any patents, copyrights,

trademarks, or trade secret information of Bonfire and/or its licensors or licensees. In accordance

with Section 1.4, you agree that Bonfire and/or its licensors own all rights, title and interests in any

and all of your feedback and comments, without any remuneration, compensation or credit to

you. To the extent that any of the rights assigned herein cannot presently be assigned under

applicable law, you agree to assign such rights at such time as the rights are capable of being

assigned, and, until such time, grants to Bonfire an irrevocable, exclusive, perpetual, royalty free,

fully-paid license, throughout the universe, to such non-transferable rights including, but not

limited to, the unfettered right to modify, copy, distribute, perform, display, synchronize,

compose, record and commercialize any and all of such feedback and comments. At Bonfire’s

request, you agree to execute such further documents and to do such further acts as may be

necessary or desirable to document, perfect, register or enforce Bonfire’s and/or its licensors’

ownership of any of the rights, title and/or interests hereunder, in whole or in part including,

without limitation, execution of a copyright assignment in a form provided by Bonfire in its sole

discretion. If you fail or refuse to execute any such documents, you hereby appoint Bonfire as

your attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on

your behalf and to execute, deliver, record and file such documents. The rights granted,

assigned and/or to be assigned by you hereunder are granted for the entire universe and shall

inure in perpetuity and, as set forth above, no further consideration shall be payable to you at

any time in connection therewith. You will acquire no right to use, and will not use without

Bonfire’s prior, written consent, the names, characters, artwork, design, tradenames,

copyrighted materials, trademarks or service marks of Bonfire or its affiliated entities, and its and

their officers, employees, directors, shareholders, assigns, successors or licensees: (a) in any

advertising, publicity or promotion; or (b) in any manner other than in accordance with this

Agreement.

4. Injunctive Relief. You acknowledge and agree that a breach or threatened breach of any

covenant contained in this Agreement would cause irreparable injury, that money damages

would be an inadequate remedy and that Bonfire shall be entitled to temporary and

permanent injunctive relief, without the posting of any bond or other security, to restrain you

from such breach or threatened breach. Nothing in this Section shall be construed as preventing

Bonfire from pursuing any and all remedies available to it, including the recovery of money

damages from you.

5. No Warranty; No Liability for Damages; No Support; Character Data.

5.1 No Warranty. You acknowledge that the Software is a pre-release version and is not a final

Product. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS.

THE SOFTWARE AND ANY LICENSED CODE OR MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY

EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF SATISFACTORY

QUALITY, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR

FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE,

THE PRODUCT AND ALL OTHER SERVICES IS WITH YOU. SHOULD SUCH ASSETS PROVE DEFECTIVE

FOLLOWING THEIR RECEIPT BY YOU, YOU AND NOT BONFIRE ASSUME THE ENTIRE COST OF ALL

NECESSARY SERVICING OR REPAIR. Without limiting the foregoing, Bonfire does not ensure

continuous, error-free, secure or virus-free operation of the Software, the Product, your account

or continued operation or availability of any given server. Some jurisdictions do not allow

limitations as to how long an implied warranty lasts and/or exclusions or limitations of

consequential damages, so the above limitations and/or exclusions of liability described herein

may not apply to some participants. This warranty gives you specific legal rights and you may

also have other legal rights which vary in your jurisdiction.

5.2 No Liability for Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU

ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH

BONFIRE, ITS AFFILIATED ENTITIES, ITS LICENSORS AND LICENSEES, OR ITS OR THEIR EMPLOYEES,

AGENTS, OFFICERS, AND/OR DIRECTORS, ARISING OUT OF OR RELATING TO THIS AGREEMENT IS TO

STOP USING THE PRODUCT AND/OR SOFTWARE, AND TO CANCEL YOUR ACCOUNT. IN NO EVENT

SHALL BONFIRE, ITS AFFILIATED ENTITIES, ITS LICENSORS, OR ITS OR THEIR EMPLOYEES, AGENTS,

OFFICERS, AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES

WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,

CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS)

ARISING OUT OF YOUR USE OF OR INABILITY TO USE PRODUCT OR THE SOFTWARE, EVEN IF ANY OF

THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the

generality of the foregoing, no warranty is made that the Software will generate computer

programs with the characteristics or specifications desired by you or that the Software will be

error-free. THESE DISCLAIMERS OF WARRANTY AND LIMITATIONS DESCRIBED IN THIS SECTION 5

CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

5.3 No Support. Bonfire does not provide any support for the Software, however, Bonfire may

provide an e-mail address or a password-protected board or forum for you to send any

questions and/or comments regarding the Software. Bonfire does not, however, make any

representations or warranties as to the accuracy of any statements or advice provided in

response to your e-mail(s) and/or board or forum posting(s).

5.4 Test Environment. You acknowledge that the Program is a test environment, that Product

characters and/or game data will be frequently wiped or modified at Bonfire’s sole discretion,

and that Program assets, characters, character data, items, Virtual Token(s) and/or Virtual

Goods (as defined herein) may not be exported into the Product once the Product is

commercially released. You agree that, to the extent permitted by applicable law, Bonfire is not

liable for any loss of data, content, function or utility.

6. Virtual Property. The Software and/or Program may allow you to accumulate virtual, in-game

tokens, such as coins ("Virtual Token(s)") or virtual, in-game digital items (“Virtual

Goods”)(collectively, “Virtual Items”). You may also be able to purchase Virtual Token(s) with

"real world" money. You may have the opportunity to use Virtual Token(s) to license a variety of

Virtual Goods.

6.1 Regardless of how acquired, Virtual Items are non-transferable to another person or account,

do not accrue interest, and are not insured by the Federal Deposit Insurance Corporation (FDIC).

Except for a limited, revocable, non-transferable license to use the Virtual Token(s) and/or Virtual

Goods in the Product and/or Software, you have no ownership right in or title to such Virtual

Token(s) and/or Virtual Goods. Virtual Goods licensed with Virtual Token(s) will be available for

use as soon as reasonably practicable. Bonfire makes no guarantee as to the nature, quality or

value of the features of the Product, Software and/or Program that will be accessible through

the use of the Virtual Token(s) and/or Virtual Goods.

6.2 You are solely responsible for verifying that the proper amount of Virtual Token(s) and/or

Virtual Goods have been added to or deducted from your account during any given

transaction. Please notify Bonfire promptly if you believe that a mistake has been made with

respect to your Virtual Token(s) and/or Virtual Goods.

6.3 Buying, selling and/or otherwise transferring Virtual Token(s) and/or Virtual Goods outside of

the Product, Software and/or Program is strictly prohibited. Virtual Token(s) and/or Virtual Goods

may have an expiration date. Free and/or promotional Virtual Items offered by Bonfire may be

expired at Bonfire’s sole and absolute discretion at any time. YOU ACKNOWLEDGE AND AGREE

THAT THE VIRTUAL TOKEN(S) AND/OR VIRTUAL GOODS YOU ACQUIRE HAVE NO MONETARY VALUE

AND CANNOT BE REDEEMED FOR MONEY, GOODS, OR OTHER ITEMS OF MONETARY VALUE. NO

REFUNDS WILL BE MADE FOR THE PURCHASE OF VIRTUAL TOKEN(S) AND/OR VIRTUAL GOODS. YOU

AGREE THAT BONFIRE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU

WILL NOT RECEIVE MONEY BACK FOR VIRTUAL TOKEN(S) AND/OR VIRTUAL GOODS WHEN AN

ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. No refunds will be made for

purchases of Virtual Goods that are downloadable. Downloaded products or product

registration codes purchased to activate or unlock downloaded software (including any

Product(s)) are non-refundable at any time.

6.4 As Bonfire deems necessary, in its sole and absolute discretion, Bonfire may limit the total

amount of Virtual Token(s) and/or Virtual Goods that may be purchased at any one time,

and/or limit the total amount of Virtual Token(s) and/or Virtual Goods that may be held in your

account in the aggregate.

6.5 While Bonfire may endeavor to transfer any Virtual Token(s) and/or Virtual Goods you

accumulate during the Program to your account in the commercial version of the Product,

Bonfire makes no such guarantee. Notwithstanding the foregoing, Bonfire has the absolute right

to manage, regulate, control, modify, and/or eliminate Virtual Token(s) and/or Virtual Goods,

both in the Program and in the commercial version of the Product, as it sees fit in its sole

discretion, and Bonfire shall have no liability to you or anyone for the exercise of such rights.

Accordingly, price and availability of any Virtual Token(s) and/or Virtual Goods are subject to

change without notice. You acknowledge that Bonfire can and will, in its discretion, modify

features, functions or abilities of any element of the Product or Virtual Items (which may, among

other things, make the Virtual Items substantially more valuable, effective or functional, or less

valuable, effective or functional, more common or less common, or eliminated entirely). Bonfire

may revise the pricing for the Virtual Items offered, including without limitation, subscription plans

for such Virtual Items, at any time.

6.6 In the event that your account is terminated or suspended for any reason, in Bonfire’s sole

and absolute discretion, or if Bonfire discontinues offering the Product, Software and/or Program,

you forfeit any and all Virtual Token(s) and/or Virtual Goods. Bonfire has no liability for "hacking"

or loss of your Virtual Token(s) or Virtual Goods from your account, provided Bonfire uses

reasonable efforts to replace such items under certain circumstances in its reasonable

discretion. You promise, therefore, that you will never assert or bring any claim or suit against

Bonfire and its affiliates, directors, officers, employees, agents and representatives, which is

related to or based on a claim (i) for the "value" of Virtual Token(s) and/or Virtual Goods if Bonfire

deletes them (and/or terminates your Bonfire account(s)), (ii) for the "value" of Virtual Token(s)

and/or Virtual Goods that you may lose if Bonfire does anything that it is entitled to do pursuant

to any provision of this Agreement, its Privacy Policy and/or Code of Conduct, or for any

malfunctions and/or "bugs" in the Product, Software and/or Program, and/or (iii) that the "value"

of any Virtual Token(s) and/or Virtual Goods has increased or decreased by virtue of any

Product modification that Bonfire has made or will make.

6.7 If you leave a balance of Virtual Token(s) unused for a period of time set forth by your state,

country, or other governing body in its unclaimed property laws, or if your account is closed,

whether voluntarily or involuntarily, we may process your Virtual Token(s) balance in accordance

with our legal obligations, including by submitting any funds associated with your Virtual Token(s)

balance to the appropriate governing body where required by law.

7. Miscellaneous.

7.1 Survival. The provisions of this Agreement, other than the first sentence of Section 1.1 and

Sections 1.4(a), 1.4(b) and 1.4(c), shall continue in full force and effect even after (i) the Program

has been terminated and/or completed, and/or (ii) your participation in the Program has been

terminated.

7.2 Governing Law; Jurisdiction. This Agreement shall be governed by and construed and

enforced in accordance with the laws of the State of California, excluding conflict of law rules

and principles. Both parties submit to personal jurisdiction in California and further agree that any

cause of action relating to this Agreement shall be brought in Orange County, California (if

under state law) or the Central District of California (if under federal law) and such courts shall

have the exclusive jurisdiction to determine the validity, construction and performance of this

Agreement and the legal relations between the parties hereto. You hereby waive any claim

that such venue is improper or inconvenient.

7.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in

whole or in part, such provision shall be modified to the minimum extent necessary to make it

valid and enforceable, and the validity and enforceability of all other provisions of this

Agreement shall not be affected thereby.

7.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties

hereto relating to the subject matter hereof and supersedes all prior oral and written and all

contemporaneous oral negotiations, commitments and understandings of the parties. Changes

made by you to this Agreement will not be effective unless set forth in writing describing the

change and agreed to and signed by both Bonfire and you. Bonfire reserves the right to change

the terms of this Agreement at any time upon notice to you by e-mail or by electronic posting of

such changes at the time you log in to the Product. Such changes by Bonfire shall be effective

upon notice to you and your continued participation in the Program after notice of a change in

terms by Bonfire shall constitute your acknowledgement of, and agreement to, be bound by

such changes.

©2025 Bonfire Studios, Inc. Bonfire Studios, Arkheron, and their logos are trademarks or registered

trademarks of Bonfire Studios, Inc. All other trademarks and logos belong to their respective

owners. All rights reserved.