EARLY ACCESS AGREEMENT Last revised: 10th December 2024 This Early Access Agreement governs your access and use of Gaming Services, including but not limited to Early Access to COREPUNK GAME in version "Corepunk: Light Bless the King" and other Digital content. IMPORTANT NOTICE: BEFORE INSTALLING OR USING EARLY ACCESS TO COREPUNK GAME OR OTHER GAMING SERVICES YOU SHOULD CAREFULLY READ THIS EARLY ACCESS AGREEMENT AND THE PRIVACY AND COOKIE POLICY. EARLY ACCESS AND OTHER GAMING SERVICES ARE LICENSED, NOT SOLD. BEFORE YOU CAN USE THE EARLY ACCESS OR OTHER GAMING SERVICES, YOU MUST: (I) BE AT LEAST 18 YEARS OLD (BE OF LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE); (II) AGREE TO THIS EARLY ACCESS AGREEMENT, (III) PROVIDE CONSENT TO PROCESS DATA ACCORDING THE PRIVACY AND COOKIE POLICY; AND (IV) REGISTER A GAME ACCOUNT. BY OPENING, DOWNLOADING, INSTALLING AND/OR OTHERWISE USING EARLY ACCESS AND/OR OTHER GAMING SERVICES, AND ANY OTHER MATERIALS INCLUDED WITH THE EARLY ACCESS, AND ANY UPDATES AND UPGRADES THERETO, YOU HEREBY CONFIRM THAT YOU ARE NOT LESS THAN 18 YEARS OLD (YOU ARE ADULT OF LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE) AND ACCEPT THE TERMS OF EARLY ACCESS AGREEMENT, AS WELL AS THE PRIVACY AND COOKIE POLICY. IF YOU ARE UNDER 18 YEARS OLD (OR YOU ARE NOT ADULT OF LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE) AND/OR DO NOT AGREE WITH ALL OF THE TERMS OF THIS EARLY ACCESS AGREEMENT AND/OR THE PRIVACY POLICY, YOU MAY NOT INSTALL OR OTHERWISE USE EARLY ACCESS AND/OR OTHER GAMING SERVICES, AND WE SHALL NOT GRANT TO YOU THE RIGHT TO INSTALL AND USE EARLY ACCESS. THE EARLY ACCESS AGREEMENT MAY BE PERIODICALLY UPDATED AND THE CURRENT VERSION IS PUBLISHED AT OUR WEBSITE. YOUR CONTINUED USE OF EARLY ACCESS AFTER UPDATED AGREEMENT IS POSTED CONSTITUTES YOUR ACCEPTANCE OF ITS TERMS. 1. Parties This Early Access Agreement constitutes the general terms and conditions that govern your access to and use of Gaming Services, including but not limited to Early Access to COREPUNK GAME in version "Corepunk: Light Bless the King" and other Digital content, between 1.1. Us: COREPUNK B.V., a Dutch company, registered under number 69946868, with a registered office at Jan van Galenstraat 335, 1061 AZ Amsterdam, the Netherlands, (hereinafter referred to as “we” or “us”) and 1.2. You, a natural person using Gaming services, including but not limited to Early access to the COREPUNK GAME in accordance with this Agreement, or preordered Early access to the COREPUNK GAME in accordance with Preorder Agreement (hereinafter referred to as “you” or “yours” or “customer”), (hereinafter referred to as “Agreement”). 2. Definitions 2.1. "COREPUNK GAME" means the online computer video game as a service (GaaS) named “Corepunk” in version "Corepunk: Light Bless the King", which includes the IP-Rights protected front-end and back-end computer code (as well as object code and source code), game engine, the infrastructure for scaling, configured scripts and instructions for further automatic deployment, listings, algorithms, diagrams, graphs, (enriched) data, calculations, development and test versions, adjustments, changes, expansions, modifications (updates and upgrades), and all associated (technical and/or user) documentation and corresponding (preparatory) materials; images, pictures, photographs, locations, structural or landscape designs, titles, logos, trade or service marks, insignia, designs, graphics, user interfaces, visual interfaces, sound effects, video effects, audio-visual effects, animation, sounds, music, musical compositions, recordings, vocals, voices, narrations, themes, concepts, stories, and storylines, texts, messages, plot, characters (including but not limited to the names, likenesses, inventories, and catchy phrases of game characters), virtual goods (including but not limited to digital cards, in-game currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.), software, technology, tools, methods of operation, related documentation, products, files, information, all data and communications generated by or occurring through the game, demos, promotional materials, audiovisual and/or multimedia works, style, all recordings, game replays (or reenactments of in-game matches, battles, duels, etc.) and/or any other artwork and original works of authorship, as well as the structure, selection, coordination, expression, "look and feel," and arrangement of such objects, as well as objects that are protected by copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as domain names, know-how, in electronic form or otherwise, all this in the broadest sense, whether protected by IP Rights or otherwise, any updates and upgrades that replace or supplement the COREPUNK GAME that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any printed materials, any online or electronic documentation, game server applications, game launcher and client applications, and any and all copies of such software and materials. 2.2. “Customer Support Email” refers to the following: * for questions regarding purchases, payments, cancellations and refunds, please contact: sales@corepunk.com. * for technical support or other inquiries, please contact: support@corepunk.com. 2.3. “Derived User Content” means User Content that is based on or derived from our pre-existing Gaming Services, including but not limited to Digital Content, Early Access and/or the COREPUNK GAME. 2.4. “Digital content“ means data produced and supplied in digital form, for instance, any type of information, media, or data that is created, distributed, and consumed in a digital or electronic format. This includes, but is not limited to, text, images, audio, video, software, applications, computer games, in-game items, customization elements, maps, avatars, all gameplay, graphics, music and sounds, text, all messages or items of information, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, whether protected by IP-Rights or not. 2.5. “Game Account” means a personalized account created by you to access and interact with the Gaming Services. 2.6. “Gaming Services” means Early Access to COREPUNK GAME, COREPUNK GAME, Digital content, and other game software (downloaded or streamed), and other software products and online services, including their online functions and other features, together with any of their update and upgrade, the related websites, the live events hosted, the servers, software and the framework through which they are provided to you, currently or in the future, by us, or any one of its subsidiaries or affiliated companies. 2.7. “Early access to the COREPUNK GAME” or “Early Access” means a pre-release (early access) version of the COREPUNK GAME that is not finished or fully developed, not released, and is still being developed. This version contains bugs and errors, may have interruptions, may be shut down for days, weeks or longer and may only be available at scheduled times. 2.8. “E-key” means a unique, alphanumeric and numeric digital code provided to you to the email address you indicated during purchase, which you use to activate Early Access to the COREPUNK GAME, In-game currency or other Gaming services. 2.9. “In-game currency” or “In-game currency services” refers to a type of the Gaming services involving the use of virtual in-game currency (such as coins, points, or other forms of currency). 2.10. “IP-Rights” means all intellectual property rights (including where relevant moral and proprietary rights) and rights associated therewith, such as copyright, trademark rights, patent rights, model rights, trade name rights, database rights, trade secrets, and related rights, domain names, as well as rights to know-how and performances on a par with such rights or a patentable invention. IP-Right also includes all foreseeable, unforeseeable, current, and future methods for making commercial use of the aforementioned rights, as well as the right to claim compensation. 2.11. “Preorder Agreement” means a legal agreement (general terms and conditions) that customer accepted while purchasing preorders of Early access to the COREPUNK GAME, available here - https://raw.githubusercontent.com/Corepunk-B-V/corepunk-legal-documents/main/Preorder%20Agreement.txt 2.12. “Privacy and Cookie Policy” or “Privacy Policy” refers to Privacy and Cookie Policy available via the provided link https://raw.githubusercontent.com/Corepunk-B-V/corepunk-legal-documents/main/Privacy%20and%20cookie%20Policy.txt 2.13. “Terms of sale” refers to the Terms of Sale available via the provided link https://raw.githubusercontent.com/Corepunk-B-V/corepunk-legal-documents/refs/heads/main/Terms%20of%20sale%20Early%20Access.txt 2.14. “User Content” means any content that you create, upload, or display on our Digital Services, including but not limited to the website, forums, Early Access, or COREPUNK GAME, as well as the compilation, arrangement, or display of such content. 2.15. "Virtual Goods" refer to in-game digital items, including but not limited to virtual currency, characters, weapons, equipment, power-ups, skins, cosmetic upgrades, and any other digital assets or items that exist solely within the game environment. 2.16. “Website” means our official website https://corepunk.com. 3. Game account, passwords and security 3.1. In order to use and play Early access and/or COREPUNK GAME you need to register a Game account while installing game launcher and activating your E-key. If you do not register a Game account, you may not use and play Early Access and/or Corepunk Game. 3.2. You may create a Game Account, if you are a “natural person”, an adult of at least 18 years old (of legal age of majority in your country and state of residence), have a valid email address, and provide truthful and accurate information. You may not create a Game Account, if you are an individual specifically prohibited by us from using Early Access (for instance but not limited to, if you have been banned, violated our terms and conditions, or reside in a restricted by law jurisdiction). Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish a Game account unless expressly and prior agreed with us. 3.3. When you create or update a Game account, you should: 1. add accurate and up-to-date information that is personal to you, such as your name and country. 2. select a unique username (nickname) that will be linked to your Game Account and publicly displayed. We advise you not to include your real name in your username. You cannot choose a username that (i) is already used by another user or associated with another Game Account or (ii) contains “Corepunk” or our logos and trademarks, or (iii) is offensive or contrary to law and/or public morality. We reserve the right, at our sole discretion, to refuse any username you have chosen. 3. select a unique password. For security reasons, we may refuse any password that isn’t strong enough to protect your Game Account. We advise you to choose a password that is different from any other password you use and change it regularly. 3.4. GAME ACCOUNT SECURITY INFORMATION. You are fully responsible for maintaining the confidentiality of the information of your Game account, including your password, and for any and all activity that occurs under your Game account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your Game account or password, or any other breach of security. You may not use anyone else’s and/or provide your Game account and/or password at any time without the express permission and consent of the holder of such Game account and/or password. We may not and will not be liable for any loss or damage arising from your failure to comply with these obligations. 3.5. To activate Early Access, you will need to enter an E-Key while logging in to your Game Account. 3.6. YOUR ACCOUNT RESPONSIBILITIES. Should you dispose of your device (computer, laptop etc.) or if this Agreement is terminated, you are responsible for and shall uninstall the Early Access from the device and delete any and all accounts you may have established on the device or are accessible through the Early Access. 3.7. If you no longer wish to have a registered Game account, you may terminate your Game account by sending an email to Customer Support Email. 3.8. Despite anything else in this Agreement, you agree that you do not own the Game account, and all rights to the Game account are and will always remain with us. You may not purchase, sell, gift or trade any Game account, or offer to purchase, sell, gift, or trade any Game account, and any such attempt shall be null and void. 3.9. We may terminate your Game account in case of termination of this Agreement and not substituting it with another agreement. For more details see section 17 “Agreement Effectiveness and Termination”. 4. IP-rights and ownership 4.1. All IP-rights, titles and interests in and to Gaming Services, including but not limited to Early Access and/or COREPUNK GAME and all of the features and components thereof are owned by us and/or licensed to us, as well as protected by applicable laws and treaties throughout the world. 4.2. The Early Access is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in Gaming services, the Early Access and/or COREPUNK GAME is being transferred or assigned and this Agreement should not be construed as a sale of any rights in Gaming services, the Early access and/or COREPUNK GAME. We expressly reserve all IP-rights, titles and interests in and to Gaming Services, including but not limited to the Early Access and/or COREPUNK GAME. 5. Grant of limited license 5.1. Subject to your compliance with the terms and conditions of this Agreement, we hereby grant you a non-exclusive, non-transferable, limited, revocable, and payable end-user license to use Gaming services, including but not limited to the Early access to COREPUNK GAME for your personal, non-commercial use by accessing it with a web browser and/or an authorized, unmodified game client (game launcher) unless otherwise expressly specified. You may not use Gaming services and the Early Access to COREPUNK GAME for any other purpose, or using any other method. 5.2. This Agreement shall also apply to any patches or updates you may obtain for the Early Access unless otherwise specifically stated for specific patch or update. 5.3. You will also receive a non-exclusive, non-transferable, limited, revocable, and payable end-user license to use the COREPUNK GAME after its release under a separate agreement with us. 6. Limitations of the license 6.1 Unauthorized Reproduction and Duplication You are prohibited from duplicating, copying, or reproducing Gaming Services, including but not limited to the Early Access and/or COREPUNK GAME, as well as any related information, materials, or content, onto any other server or location for any purpose unless expressly authorized by us. 6.2.Prohibited Activities You may not: 1. Reverse Engineering and Derivatives: Copy, reproduce, reverse engineer, translate, modify, disassemble, decompile, or create derivative works from any part of Gaming Services, the Early Access and/or COREPUNK GAME, except where permitted by law or expressly by us. Any permitted modifications, adaptations, or improvements will automatically become our exclusive property whereby you transfer the IP-rights and other rights to us, without being entitled to compensation whatsoever, and we accept hereby that transfer. 2. Transfer of Rights: Give, purchase, sell, bargain, barter, market, trade, offer for sale, sublicense, lease, rent, distribute, assign or otherwise divest your rights, responsibilities, or obligations under the Agreement, either in whole or in part, without the prior our written consent. Any attempt to do so shall be void and of no effect. 3. Cheats and Exploits: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein: * Cheats: methods not expressly authorized by us, influencing and/or facilitating the gameplay, including but not limited to utilizing any unauthorized robot, spider, or other program in connection with any online features of the Early Access and/or COREPUNK GAME and thereby granting you and/or any other user an advantage over other players; * Hacks: accessing or modifying the software of the Early Access and/or COREPUNK GAME in any manner not expressly authorized by us; * Unauthorized Code: any code and/or software, not expressly authorized by us, that can be used in connection with the Early Access and/or COREPUNK GAME and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality. 4. Automation Software: Use any automation software (bots), scripts, or tools not expressly authorized by us that enable automated control of gameplay, including character actions. 5. Exploitation of Bugs: Exploit in-game bugs, glitches, or flaws to gain an unfair advantage or create unauthorized Virtual Goods or resources. 6. Unauthorized Commercial Use: Use the Early Access and/or COREPUNK GAME for unauthorized commercial purposes, including: (i) engaging in monetization activities without prior approval; (ii) playing the game at commercial establishments such as cyber cafés or computer gaming centers without our approval; (iii) selling or trading Virtual Goods, In-game currency, items, or resources outside of authorized channels; (iv) performing services like account boosting or power-leveling in exchange for payment; (v) facilitating commercial advertising or solicitation within the game; (vi) participating in any wagering or gambling involving the game; (vii) direct monetizing gameplay through video streaming (such as charging for access to streams or videos) without our explicit prior written permission. Permitted Streaming and Monetization. You are permitted to create, upload, and stream gameplay, including but not limited to video guides, tutorials, reviews, gameplay demonstrations, and "let’s play" videos, on commonly used platforms such as YouTube, Twitch, TikTok, Instagram, and Facebook. You may monetize your gameplay streaming indirectly through platform-based methods, such as platform-generated ad revenue, subscriptions, or user donations, provided such monetization complies with this Agreement and the respective platform’s terms of use. 7. Unauthorized Matchmaking: Host, develop, or provide matchmaking services for the Early Access and/or COREPUNK GAME without our consent. You are also prohibited from intercepting, emulating, or redirecting communication protocols used by the game for any purpose. 8. Esports Competitions: Use the Early Access and/or COREPUNK GAME for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining prior authorization from us. 9. Unauthorized Servers and Connections: Create, maintain, or facilitate any unauthorized connection to the Early Access and/or COREPUNK GAME, including: connections to unauthorized servers or tools that emulate or attempt to emulate the game; integration with unauthorized plugins, mods, or third-party APIs; using programs to monitor or inject into game processes (e.g., debuggers or memory analyzers). 10. Data Mining and Unauthorized Access: Use unauthorized software or devices to collect, intercept, or mine information generated or stored by the Early Access and/or COREPUNK GAME. 11. File Modification or Deletion: Modify or tamper with any files or components that are a part of the Early Access and/or COREPUNK GAME without our prior express authorization; alter or delete game system files, unpack, decompile, or modify game archives. 12. Disruption of Game Services: Disrupt or assist in the disruption of any game server, equipment, or service used to support the Early Access and/or COREPUNK GAME, or interfere with another player's experience in any way, including through griefing, abusive behavior, or other disruptive actions. 13. Cloud Gaming Services: Use the Early Access and/or COREPUNK GAME in connection with any unauthorized third-party cloud gaming service, or any service that streams or transmits the Early Access and/or COREPUNK GAME content without our permission. 14. In-Game Item Exploits: Create, utilize, or trade any in-game item created or duplicated by exploiting design flaws, undocumented issues, or bugs. 15. Harassment and Abusive Behavior: Engage in harassment, griefing, abusive behavior, or conduct that unreasonably undermines or disrupts the gaming experience of others, or violates our terms of service, codes of conduct, or online feature guidelines. 16. Bypassing Security and Protections: Bypass, modify, disable, defeat, remove, or circumvent any of the protections, mechanisms, or security features in the Early Access and/or COREPUNK GAME, including any proprietary notices or protections linked to the game. 17. Legal Violations: Use the game to violate any applicable laws or regulations. 18. Infringement of Third-Party Rights: Make available through the Early Access and/or COREPUNK GAME any material or information that infringes upon the copyrights, trademarks, patents, trade secrets, or other intellectual property rights of any third party, including the rights to privacy or publicity. 19. Cyberattacks: Institute, assist, or become involved in any type of cyberattack, including denial-of-service (DoS) attacks, against the Early Access and/or COREPUNK GAME or its servers. 20. Unauthorized System Access: Attempt to gain unauthorized access to the game, other players' accounts, or the computer systems or networks connected to the game. 21. Working with external networks and services: Using VPNs, proxies, or other methods to bypass regional restrictions or bans; using third-party services to connect to game servers. 22. Data Falsification: Transmitting false or altered data to game servers, modifying game network traffic using proxy tools or traffic injection. 23. Exploitation of system performance: Use tools that manipulate system time or game frame rates (FPS), such as to slow down or speed up gameplay. 24. Server protocol violations: Generate fake requests to game servers or overload them with automated tools; alter the order or logic of network requests (e.g., intercepting requests via MITM attacks); use of unauthorized emulators: run the game on unauthorized emulators or virtual machines without our permission. 25. Code injections: use software that adds or alters code executed in memory during gameplay. 26. Unauthorized access to logs: Read or modify internal logs of the game client or servers, or any other logs. 27. Infrastructure protection: Scan game servers for vulnerabilities, initiate DDoS attacks or other actions aimed at disrupting server or other infrastructure. 28. Working with the Game’s Internal Environment: Modify the game client’s configuration files to gain advantages (e.g., disabling graphical effects not via the game settings menu for better visibility); alter internal game settings via the developer console. 29. Use of Illegal Updates: Install unofficial patches or updates for the game that were not released or approved by us. 6.3. Any use of the Early Access and/or COREPUNK GAME in violation of the Agreement will be regarded as an infringement of our IP-rights and may be subject to civil and criminal penalties. 6.4. We reserve the right to suspend or revoke your license and/or Gaming account to use Gaming Services, including but not limited to the Early Access and/or COREPUNK GAME, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth herein. 7. Character Names 7.1. You may not select a character name in Early Access that is inappropriate, offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable, or falsely indicative of an association with us or our affiliates. We may modify any character name which, in the sole and exclusive our judgment, violates this provision without further notification to you, and may take further disciplinary measures, including temporarily blocking your Game account or termination for repeated violations of the provisions of the Agreement or our other terms and conditions. 8. User content 8.1. We may provide you an opportunity to create, upload or display User content on our Gaming Services, such as on the website, forums, and/or as part of the Early Access and/or COREPUNK GAME, including the compilation, arrangement or display of such content. 8.2. Regarding Derived User Content that you produce from our pre-existing Gaming Services, including but not limited to Digital Content, the Early access and/or the COREPUNK GAME: a) We are the sole owner of all IP-Rights relating to Derived User Content. b) You hereby irrevocably assign to us, with full title guarantee, free of charge, all IP-Rights and rights of use you may have over Derived User Content, on a worldwide basis and for the period of protection of each right. c) We may file or register any application for IP-Rights relating to Derived User Content in our name, in all countries in the world. In this respect, you must: sign and supply any document in particular, deed of transfer, requested by us for all registration purposes; and provide all necessary assistance to us, at our expense, in any related action or procedure. d) In the event that a competent court rules that some or all of your rights in Derived User Content cannot be validly transferred to us, you hereby grant us a perpetual, royalty-free, exclusive, irrevocable, transferable, sublicensable to other users, worldwide licence to use, copy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and, in general, otherwise exploit, online and offline, Derived User Content for any purpose, without you necessarily being mentioned as the source of such Derived User Content. e) You cannot use the Derived User Content other than under this Agreement. We hereby grant you a non-exclusive and non-transferable personal licence, revocable at all times, to use Derived User Content you have produced throughout the world and for the duration of your use of Gaming Services, the Early Access and/or COREPUNK GAME, solely in order to: record it on your console, computer, mobile terminal or any medium you use to access, load it on, and, share it with other users on of Gaming Services, the Early Access and/or COREPUNK GAME. 8.3. User Content featuring your image. If your User Content reproduces your image, you acknowledge that we have a right to use your image as part of the Gaming Services, Early Access and/or COREPUNK GAME throughout the world and for the whole duration of the Gaming Services, Early Access and/or COREPUNK GAME. If your User Content features the image of any person other than yourself, you warrant that you have received the permission of such person for the use of his/her image by us, and you indemnify us for any losses which we may incur in the event of a complaint, action or claim by such other person concerning the use by us of his/her image, derived from your User Content. 8.4. Regarding the User content which is not Derived User Content, you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, currently known or hereafter developed. 8.5. We shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display and/or perform, provide access to, broadcast, and utilise in any manner the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. 8.6. In the event you upload or otherwise transmit to us any concepts, ideas, or feedback relating to Gaming Services, the Early Access and/or COREPUNK GAME, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and us, and we may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and us. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law of moral rights or any similar law in any country of the world. 8.7. You represent and warrant that the User Content does not infringe any copyright, trademark, patent, trade secret or other intellectual property rights of any third party. 8.8. You represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. 8.9. We welcome your feedback about the Early Access and/or the COREPUNK GAME, as well as about other Gaming Services. However, unless we specifically ask for materials or comments to use in our products or services, we will not accept or consider them. 8.10. We may remove any User Content, Derived User Content and any related content or elements at its sole discretion at any time. 8.11. We do not and cannot pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are using Gaming Services, Early Access and/or the COREPUNK GAME. YOU HEREBY PROVIDE YOUR IRREVOCABLE CONSENT TO SUCH MONITORING AND RECORDING. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY CONCERNING THE TRANSMISSION OF ANY USER CONTENT, INCLUDING WITHOUT LIMITATION CHAT TEXT OR VOICE COMMUNICATIONS. 8.12. We also reserve the right, at all times and in our sole discretion, to disclose any User content and other information (including without limitation chat text, voice communications, IP addresses, and your personal information) for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other of our terms and conditions, policies, rules and/or guidelines; (c) to protect our legal rights and remedies; (d) where we feel someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior. 8.13. In all cases for any type of User Content or Derived User Content. Unless otherwise specifically authorized by us, the ability to create User Content or Derived User Content is part of the Gaming Services we offer and does not entitle you to any payment or any other kind of monetization/benefits, including when the User Content or Derived User Content is made available to other users. 9. Fees, refunds and cancellations 9.1. If you are a buyer and/or payer of Gaming Services, including but not limited to the Early Access, the COREPUNK GAME, or In-game currency, your and our rights and obligations regarding the ordering, payment, delivery, cancellation and refunding are set out in Terms of Sale or Preorder agreement. 9.2. If you are not a buyer and/or payer of Gaming Services, including but not limited to the Early Access, the COREPUNK GAME, or In-game currency, under Terms of Sale or Preorder agreement, you acknowledge that you are not entitled to any refunds as these rights are only available to the original buyer/payer. 9.3. In any case, a buyer and/or payer and/or you lose your right of withdrawal from Order: 9.3.1. and Early Access once the performance of the Early Access has begun and you have used (played) Early Access, in part or in full, for a duration of 4 (four) hours or more. 9.3.2. and other Gaming Services, once the performance of Gaming Services has begun. 9.3.3. and In-game currencies services, once the performance of our In-game currency service has begun and once access to the In-game currency has been enabled on the Game account. 10. Early Access Limitations and Updates 10.1. We will strive to provide a functional Early access to the COREPUNK GAME. However, you acknowledge and hereby confirm that the Early access to the COREPUNK GAME will have bugs and errors, is not finished or fully developed, has not been released, is still being developed, will have interruptions, and may be shut down for days or weeks. Access may be available only at scheduled times. All in-game progress, levels, and mechanics, characters may be reset, changed, or deleted, and you may lose your scores, game progress, character details or other data. We do not guarantee that Early access to the COREPUNK GAME will be available at all times, in all locations, or at any given time. We do not guarantee that Early access to the COREPUNK GAME can be accessed on all devices, by means of a specific Internet connection provider, or in all geographic locations. 10.2. The Early access to the COREPUNK GAME is constantly evolving and from time to time we or third-party suppliers may automatically update or otherwise modify the Early access to the COREPUNK GAME in whole or in part, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact with our or third parties’ servers, or otherwise. Such updates or modifications may delete or change the nature of features or other aspects of the Early access to the COREPUNK GAME, including, but not limited to, functions you may rely upon. You acknowledge and agree that such activities may occur at our sole discretion and that we may condition continued use of the Early access to the COREPUNK GAME upon your complete installation or acceptance of such update or modifications. Some of these updates may be provided automatically without notice to you. You consent to us providing you with, and installing, automatic updates to the Early access to the COREPUNK GAME in the background with or without notice to you. You agree that any update is governed by this Agreement. Any updates/modifications shall be deemed to be, and shall constitute part of, the Early access to the COREPUNK GAME for purposes of this Agreement. By acceptance of this Agreement, you consent to such update/modification. 11. Global game 11.1. Early access to the COREPUNK GAME is a global game which allows you to play with players who are outside of the region associated with the Game account that you have registered. The feature of a global game requires that some or all of your information provided to us when you registered the Game account are to be transferred to servers operated by us in the regions where you wish to play Early access to the COREPUNK GAME. By agreeing to participate in Early access to the COREPUNK GAME, you agree that we can transfer your data to our servers in each of the regions that you select to participate. For more information, please review our Privacy and Cookie Policy. 12. Virtual Goods 12.1. Gaming Services, including but not limited to Early access to the COREPUNK GAME and/or COREPUNK GAME, may enable you to obtain, gain, and use Virtual Goods. Regardless of the terminology used, Virtual Goods represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right and license to use Virtual Goods obtained by you for your personal, non-commercial gameplay exclusively within the Early access to the COREPUNK GAME and/or COREPUNK GAME. You hereby acknowledge that no title or ownership in or to Virtual Goods is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in Virtual Goods. YOU ACKNOWLEDGE AND AGREE, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THAT YOU WILL HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR PROPRIETARY INTEREST IN ANY IN-GAME CURRENCY OR VIRTUAL GOODS TO WHICH YOU ACQUIRE ACCESS REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE AND THAT WE WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, IMPAIRMENT, MODIFICATION, OR OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE AFOREMENTIONED, INCLUDING THEIR DELETION UPON THE TERMINATION OF YOUR ACCOUNT. 12.2. You may have the ability to obtain Virtual Goods from us for the completion of certain activities or accomplishments in the Early access to the COREPUNK GAME and/or COREPUNK GAME, such as obtaining a new level, completing a task, or creating User Content. 12.3. All obtained Virtual Goods may be consumed or lost by players in the course of gameplay according to the game's rules. Virtual Goods may only be used within the Early access to the COREPUNK GAME and/or COREPUNK GAME. You may not sell, lease, license, or rent Virtual Goods, nor transfer, exchange, or gift Virtual Goods to any third party outside of authorized in-game methods. 12.4. All Virtual Goods are non-refundable and non-exchangeable, regardless of whether they were obtained by purchase or earned during gameplay, including upon termination or expiration of the Game account or services. You hereby acknowledge and agree that Virtual Goods have no monetary value and cannot be exchanged for cash or any other form of consideration outside the Early access to the COREPUNK GAME and/or COREPUNK GAME. 12.5. In the event of the termination of your Game account, any remaining or unused Virtual Goods associated with your Game account will be forfeited, and we shall have no liability to you for such forfeiture. 12.6. We reserve the right to manage, regulate, control, modify, or eliminate Virtual Goods at our sole discretion, and we shall have no liability to you or any third party in the event we exercise such rights. You acknowledge that such updates or modifications may delete or change the nature of features or other aspects of the Virtual Goods, including, but not limited to, their value, availability, or functionality. 12.7. We may modify the in-game economy, including the value or functionality of Virtual Goods, to ensure balance or address other in-game considerations. These changes may affect your use of or access to Virtual Goods. The scope, variety and type of Virtual Goods that you may obtain can change at any time and we have the right to manage, regulate, control, modify or remove Virtual Goods in our sole discretion, in which case we will have no liability to you or anyone for the exercise of such rights. 12.8. The right to use Virtual Goods is subject to the continued availability of the Early Access to the COREPUNK GAME and/or COREPUNK GAME, and such goods may expire or be rendered unavailable if the services are discontinued. 12.9. We may limit the total Virtual Goods (including In-game currency) quantity that may be purchased at any one time or that may be held in your Game account. Prices and availability of Virtual Goods (including In-game currency) are subject to change without notice. 13. In-game currency 13.1. This Section 13 sets forth the specific terms for the purchase and use of In-game currency services. Unless otherwise stated, the other sections of these Early Access Agreement also apply. If there is any conflict between the terms in Section 13 and other provisions, the terms in Section 13 shall prevail for In-game currency. 13.2. We may, from time to time, provide you with a limited license to access In-game currency that may be redeemed in Early Access and/or Corepunk Game. We may allow you to access In-game currency in various ways including but not limited to: (i) purchasing a limited license to use In-game currency for a fee (i.e., "real-world" money) based on Terms of Sale; or (ii) earning a limited license to use In-game currency by performing or accomplishing specific tasks in Early Access and/or Corepunk Game. 13.3. A limited liсense to use In-game currency service grants you a limited, non-transferable, non-exclusive license to use the features of In-game currency in the Early Access and/or Corepunk game for personal use and does not represent a property interest of any kind. There is no assignment of rights. 13.4. In-game currency services are available globally, but we reserve the right to restrict or adjust availability in regions where sale and/or use may not comply with local laws, including tax or virtual currency laws. If your region imposes specific legal or tax requirements regarding virtual currency, we may withhold or modify In-game currency services and make no representations regarding their continued availability. 13.5. In-game currency may be used solely in Early Access and the Corepunk game to purchase Virtual Goods (except In-game currency itself), such as cosmetic items like skins, mounts, or other visual upgrades. Using In-game currency does not provide any gameplay advantages. These items offer visual benefits only, such as making your character or Virtual Goods appear more aesthetically pleasing. These items will not impact gameplay mechanics, character abilities, or competitive outcomes. 13.6. In-game currency has no monetary value and has no value outside of Early Access and/or Corepunk game and/or Gaming Services. In-game currency is solely for your personal use within Early Access and/or Corepunk game and/or Services. In-game currency can be gifted to another player before activation of the E-key. After activation of the E-key In-game currency cannot be transferred, gifted, sold, traded or exchanged between players; and/or for cash. Any attempt to transfer In-game currency will result in the forfeiture of the In-game currency and may lead to suspension or termination of Game account. 13.7. After activation of E-key and once access to the In-game currency has been enabled on the Game account, In-game currency is non-refundable, and you are not entitled to a refund for any unused In-game currency (purchased or gained via gameplay), except if required by law. Once you redeem In-game currency for Virtual Goods, these Virtual Goods are not returnable, exchangeable, or refundable. In-game currency does not expire, but if your Game account is terminated (either voluntarily or due to a breach), any unused In-game currency will be forfeited, and no refunds will be issued for the remaining balance. If you live in Japan, you agree to use any In-game currency within 180 days from the date of purchase. 14. Technical protections 14.1. Gaming Services, including but not limited to the Early Access and/or COREPUNK GAME, may include measures to control access, restrict access to certain features or content, prevent unauthorized copies, or otherwise ensure compliance with the limited rights and licenses granted under this Agreement. These protective measures may include license management, product activation, and other security technologies designed to prevent unauthorized access, use, or copying of Gaming Services. Such measures may also monitor usage, including, but not limited to, tracking time, date of access, usage frequency, user activities, or other indicators through the use of counters, serial numbers, and other security devices. These protections are intended to prevent unauthorized access and violations of this Agreement. We reserve the right to actively monitor your use of the Gaming Services, including Early Access to the COREPUNK GAME and/or COREPUNK GAME, to ensure compliance with this Agreement. 14.2. You may not interfere with or attempt to disable, circumvent, or bypass any access control measures or security features. If you do, Gaming Services, including the Early Access to the COREPUNK GAME and/or COREPUNK GAME, may become partially or fully non-functional, and you may be subject to suspension or termination of your access. We reserve the right to take appropriate legal action in response to any unauthorized interference. 15. Internet connectivity and third party services You acknowledge and agree that access to Gaming Services, including but not limited to the Early Access and/or COREPUNK GAME requires an Internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third party fees associated with your Internet connection, including but not limited to Internet service provider or airtime charges. Operation of Gaming Services, including but not limited to the Early Access and/or COREPUNK GAME may be limited or restricted depending on the capabilities, bandwidth or technical limitations of your Internet connection and service. The provision, quality and security of such Internet connectivity are the sole responsibility of the third party providing such service. 16. Privacy and Cookie Policy We describe policies related to our collection and use of data in our Privacy and Cookie Policy, which is incorporated by reference. Please read our Privacy and Cookie Policy carefully to understand the data that we collect our practices regarding your information and how it will be treated. If you do not agree with the Privacy and Cookie Policy, you shall not open, download, install, or otherwise use Early Access. If you have any questions or concerns regarding your privacy, please contact us via Customer Support Email. 17. Agreement Effectiveness and Termination 17.1. The term of this Agreement and your license hereunder shall commence on the earlier date of: (1) your acceptance of this Agreement; or (2) your opening, downloading, installing, or otherwise using Gaming Services, including Early Access. This Agreement shall remain effective until it is terminated, superseded by a new agreement, or the license is otherwise revoked. 17.2. We reserve the right, at our discretion, to change Early Access Agreement on a going-forward basis at any time. Please check this Early Access Agreement periodically for changes. If a change to this Early Access Agreement materially modifies your rights or obligations, you will be required to accept the modified Early Access Agreement. Material modifications are effective upon your acceptance of the modified Early Access Agreement. Immaterial modifications are effective upon publication. Disputes arising under Early Access Agreement will be resolved by the version of the Early Access Agreement that was in effect at the time the dispute arose. 17.3. You agree and acknowledge that in the case of alteration and/or termination of this Agreement, you are not entitled to any refund for any amounts paid to us prior to termination, unless otherwise specified and/or if required by law. 17.4. You may terminate this Agreement in the following circumstances: * You no longer wish to maintain a license for Gaming Services, including Early Access; or * You request the deletion of your Game account; or * The purchaser or payer for Gaming Services cancels the order under the Terms of Sale. You shall inform us of your desire to terminate this Agreement by sending an email to Customer Support. 17.5. We reserve the right to suspend, terminate, modify, or delete your access to Gaming Services or your Game account at any time and at our discretion in cases where: * We have formally requested that you provide proof of identity or cease any behavior breaching this Agreement; * We have reasonable grounds to believe you have violated this Agreement or any related terms and conditions; * Your actions inside or outside of Gaming Services are harmful to the Early Access, Corepunk Game, other users, or our interests; or * Your account has been inactive for more than twelve (12) months, with prior notification. * If you have multiple Game accounts, we reserve the right to take action against all of them if one is found to be in violation. 17.6. This Agreement may also be terminated by us if it is superseded by a new agreement or altered in any way. You will be notified of any updates to the Agreement, and you must agree to the revised terms to continue using Gaming Services. If you do not agree to any revisions, you must stop using Gaming Services immediately and inform us of your intent to terminate the Agreement. 17.7. Consequences of Termination/Suspension Upon termination or suspension: * You will no longer be able to access Gaming Services or your Game account. * Your profile, Game account, and any associated data, including User Content, will be deleted upon termination. * We reserve the right to retain your personal data for a reasonable period, as outlined in our Privacy and Cookie Policy. * You may be prohibited from creating a new Game account without express permission from us. * If this Agreement is terminated due to your violation, we may permanently ban you from re-accessing Gaming Services and/or creating a Game account. 18. Disclaimer of warranties and Limitations of Liability 18.1. The limitations of liability set forth in this section will not limit or exclude our liability for the gross negligence, intentional misconduct or fraud. 18.2. To the fullest extent permissible under applicable law, you expressly agree that the use of Gaming Services, including Early Access to the COREPUNK GAME is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. 18.3. Gaming Services, including Early Access to the COREPUNK GAME, and Game account are provided on an “as is” and “as available” basis for use, with all faults and without warranties of any kind, and we hereby disclaim all warranties and conditions with respect to Gaming Services, either express or implied, including without limitation any implied warranties of condition, uninterrupted or error-free use, merchantability, fitness for a particular purpose, non-infringement, title, and those arising from course of dealing or usage of trade. 18.4. We make no warranty that (a) Gaming Services will meet your requirements, (b) Gaming Services will be uninterrupted, timely, secure, or error-free, (c) Gaming Services will be interoperable or compatible with other software, or (d) the results that may be obtained from the use of Gaming Services will be effective, accurate or reliable, or (d) that Gaming Services will not damage any other software, hardware or data, (e) that any software, network services (including the internet) or products (other than Gaming Services) upon which Gaming Services performance depends will continue to be available, uninterrupted or unmodified, and (f) regarding the use or the results of the use of Gaming Services in terms of its correctness, accuracy, reliability, or otherwise. 18.5. No oral or written information or advice given by us or our authorized representative(s) shall create a warranty. At some point in the future Gaming Services may go out of date, and we make no commitment to update such Gaming Services. 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 Gaming Services whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The use of Gaming Services or the downloading or other acquisition of any materials through or in connection with Gaming Services is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. 18.6. We make no representations about the suitability of the information contained in Gaming Services, information and/or related graphics published as part of Gaming Services for any purpose. Gaming Services, information and related graphics published as part of Gaming Services may include technical inaccuracies or typographical errors. You understand and agree that temporary interruptions of Gaming Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of Gaming Services, and therefore, delays and disruption of other network transmissions are completely beyond our control. 18.7. You acknowledge and agree that your exclusive remedy for any dispute with us is to stop using Gaming Services. In no case shall any of our liability to you exceed the amount that you paid to us or our affiliates and/or designees during the six (6) months prior to the time your dispute, controversy, claim or cause of action (“Dispute”) arose for the applicable Gaming Services giving rise to any such liability. In no event shall we or our affiliates be liable to you 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 we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of Gaming Services, including damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if we have been advised of the possibility of such damages. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law. 18.8. No oral or written information or advice given by us or our employees or representatives shall create a warranty or in any way increase the scope of our obligations. 18.9. To the fullest extent of applicable law, you agree to be responsible and liable to us, our partners, licensors, affiliates, contractors, officers, directors, employees, and agents in respect of all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using Gaming Services pursuant to the terms of the Agreement. 19. Dispute resolution and governing law 19.1. To expedite resolution and control the cost of any Dispute, you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one person to the other. We will send our notice to the email address you have provided to us. You will send your notice to the addresses mentioned in the Contact details. 19.2. If you entered into this Agreement with COREPUNK B.V., then this Agreement will be governed by the laws of the Netherlands. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to this Agreement, in the event of any claim you may have arising from or related to the Preorder or this Agreement you agree to the exclusive personal and subject matter jurisdiction of the courts located in Amsterdam, the Netherlands, for making and resolving any such claims, and hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action. We reserve the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world. 19.3. Attorneys' Fees. In the event any litigation is brought by either party in connection with the Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees, and other expenses incurred by such prevailing party in the litigation insofar permitted under the law. 20. Other terms 20.1. Assignment. We may assign this Agreement in whole or in part, to any person or entity at any time with and without your consent or notification. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void. 20.2. Entire Agreement. This Agreement and Privacy and Cookie Policy, each as amended and modified from time to time, together constitute the entire agreement between you and us with respect to Gaming Services, and supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to Gaming Services; provided, however, that this Agreement shall coexist with Privacy and Cookie policies and other policies, terms and conditions, rules and guidelines published by us. 20.3. No Waiver. The failure by us to enforce any right or provision of the Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative. 20.4. Severability. If any part of this Agreement is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. 20.5. Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, pandemics, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, power outages, circumstances caused by suppliers or shortages of transportation facilities, fuel, energy, labor or materials. 20.6. Contact information. (a) If to us. All notices given by you or required under the Agreement shall be in writing and addressed to: COREPUNK B.V., a Dutch company, registered under number 69946868, with a registered office at Jan van Galenstraat 335, 1061 AZ Amsterdam, the Netherlands * For questions regarding purchases, payments, cancellations and refunds, please contact: sales@corepunk.com * For technical support or other inquiries, please contact: support@corepunk.com. If the Customer sends emails to or replies to email addresses other than the designated Customer Support email address (for instance but not limited to noreply@corepunk.com), such emails will be considered unattended, and we shall not be obligated to respond. (b) If to You. All notices given by us under this Agreement shall be given to you either through written notice, email, or website blog post. 20.7. The provisions of Sections The provisions of Sections 4 “Copyright and ownership”, 18 “Disclaimer of warranties and Limitations of Liability”, 19 “Dispute resolution and governing law”, 20 “Other terms” shall survive termination of this Agreement for any reason.