If you are under the age of 18 (or the age of majority where you live), STOP! You must get your parent or legal guardian to read and accept this Agreement on your behalf. By using the Test, your parent or legal guardian agrees to this Agreement and they are responsible for your use and any issues or claims related to the Test.

These terms of use (hereinafter referred to as this “Agreement”) apply to any matters between Testers, as defined in this Agreement, and FromSoftware, Inc. (hereinafter referred to as the “Company”) relating to the use of a network test version (hereinafter referred to as the “Test”), which is a test for the completion of the product version of the software we are developing (hereinafter referred to as the “Software”). Testers shall use the Test in accordance with this Agreement.

PLEASE READ THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

Article 1 (Scope and Modification of this Agreement)

• The Company may, in addition to this Agreement, separately notify Testers of separate terms of use, precautions, guidelines, and other terms and conditions (hereinafter referred to as “Individual Terms”) where appropriate by posting Individual Terms on the official website operated by the Company (hereinafter referred to as the “Website”) or through other means. The Individual Terms shall constitute part of this Agreement, and if any provision of the Individual Terms conflicts with this Agreement, the provision of the Individual Terms shall apply and supersede this Agreement.

• The Company shall be entitled to modify or revise this Agreement and Individual Terms where appropriate from time to time, and in this case, may notify Testers of such modification or revision by posting the same on the Website or through other means the Company thinks it reasonable.

• If any Tester fails to consent to the modification or revision of this Agreement and Individual terms, the Company shall be entitled to have the Tester cease or suspend his/her use of the Test.

• Testers shall be deemed to have consented to the modified or revised Agreement through their continuous use of the Test after Testers have been notified of such modification or revision through any means set forth in Paragraph 1 of this Article. Testers have the right to terminate their participation in the Test at any time for any reason.

• When Testers use the Test, the terms and conditions for the use of Nintendo Switch Online shall also apply.

Article 2 (Definition of Testers)

The term “Tester” means a customer who has accepted this Agreement. Testers under the age of 18 (or the age of majority where you live) shall be deemed to have obtained the consent of their parent or legal guardian when accepting this Agreement.

Article 3 (Role of Testers)

In response to requests from the Company, Testers shall report to the Company any problems, bugs or errors relating to the Software or usage environment discovered while using the Test.

Testers shall always keep their login information secure. In the event the Tester becomes aware of or reasonably suspect any breach of security, such as an unauthorized access to the account by a third party, or of any loss, theft or disclosure of the Tester’s login information, the Tester must immediately notify the Company.

Article 4 (Duty of Confidentiality)

Testers shall not disclose or leak any information relating to the Software and/or the Test (including without limitation any specifications, technologies, bugs, images or videos) not publicly disclosed by the Company that is obtained through the use of the Test to third parties other than the Company, except as expressly permitted by the Company.

Article 5 (Cancellation/Suspension of Testers)

• The Company reserves the right to suspend or terminate any Tester’s right to access or participate in the Test at any time for any reason without notice, obligation or liability to the Tester, to the maximum extent permitted by applicable law, including without limitation for the following reasons:

  • If the Tester is under 17 years old

  • If the Tester interferes with the operation of the Test

  • If the Tester edits, falsifies, or discloses any information provided only to Testers

  • If the Tester violates any of the terms of this Agreement or any Individual Terms

  • If the Tester makes any false or misleading statements that disparage or are intended to disparage the Company

  • If for any other reason the Company determines that it is inappropriate for the Tester to participate in the Test

• If the Tester falls under any of the criteria in the preceding paragraph, the Company is permitted to take any measures that the Company deems appropriate, including without limitation the following actions. The Company shall not be liable to Tester for taking any such action.

  • Warning the Tester

  • Deleting any of the Tester’s content or items within the Software and/or the Test

  • Suspending the Tester’s participation in the Test

  • Taking any available legal action against the Tester

Article 6 (Principle of Self-Responsibility)

• Testers shall use the Test at their own responsibility, and if any Tester causes any loss or damage to another or the Company when using the Test, the Tester shall pay damage therefor at his/her own responsibility and expense.

• Testers shall, when giving and receiving any information or service to and from any third party other than the Company through the Test, be fully liable for any acts and contents incidental thereto. If any Tester causes any loss or damage to another or to the Company when giving and receiving any such information or service, the Tester shall pay damages therefor at his/her own responsibility and expense.

• Testers shall, if any problem arises through the Tests with any third party other than the Company, deal with and resolve the problem at their own responsibility and expense. The Company shall not be obligated or liable in any way whatsoever for arbitration, dealing, compensation, damages or any other matters with respect to such problem.

Article 7 (Liability for Fees and Charges)

• The Test is free of charge; however, Testers shall prepare the necessary hardware, lines, and any other items for their use of the Test at their own responsibility and expense, including without limitation the registration and use of a Nintendo Account and Nintendo Switch Online membership.

Article 8 (Management of Personal Information)

• For the protection of personal information, Testers shall not include information that leads to his/her identification in any information posted or disclosed by him/her through the Test when using the Test.

• The Company shall not protect information posted on or disclosed in the Test.

• The data collected through the Test is held by the Company in Japan. Please review our privacy policy for more details.
  https://www.fromsoftware.jp/ww/policy_privacy.html
  This privacy policy explains how we collect, use, and disclose such data.

Article 9 (Save Data)

Save data from the Testers use of the Test will not be saved as player data for the official service of the Software.

Article 10 (Ownership of Rights)

• Subject to the terms of this Agreement, the Company grants the Tester a non-exclusive, non-transferable, revocable license to use the Test and the Software for the duration that the Test is made available to the Tester solely for the Tester’s personal and non-commercial use. For clarity, the Test and the Software are licensed, not sold, to Testers, and Tester may not make use of the Test or the Software except as expressly authorized by this Agreement.

• Any rights in and to the Software and the Test, including intellectual property rights (any and all rights including, but not limited to patents rights, utility model rights, trademarks, design rights, knowhow, trade secrets, and copyrights) shall belong to the Company or the third parties in question.

• Testers shall not be entitled to alter, adapt, copy, edit, reproduce, distribute, transmit, or publish any pieces of information included in the Software and the Test (including, but not limited to images, pictures, characters, scenarios, plots, programs, software, and ideas) without the prior approval of the Company.

• When using the Test, Testers shall not have any intellectual property right or claim with respect to data stored on any storage device such as a server for the Test (hereinafter referred to as “Recorded Data”), and Testers hereby grant the Company and its affiliates a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and sublicensable license to, including after termination of the Agreement, use, reproduce, modify, adapt, publish, translate, distribute, perform, and display all or any portion of the Recorded Data, and to incorporate the Recorded Data in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without any payment to the Tester.

Article 11 (Outsourcing of Operation of the Test)

The Company shall be entitled to assign to another all or any part of its rights and obligations relating to the operation of the Test or outsource to another the operation of all or any part of the Test.

Article 12 (Suspension of the Test)

The Company reserves the right to modify, update or discontinue the Test, or any features or portions thereof,, without prior notice to Testers, including without limitation in the following events.

• Where any failure or other defect occurs in any of the systems used for the Test (including, but not limited to communication lines, power sources, and any structures where the foregoing is accommodated);

• Where maintenance, inspection, repair, or modification work is regularly or urgently carried out on any systems used for the Test

• Where the Nintendo Switch Online service ceases or is suspended

• Otherwise where the Company determines that it is necessary to suspend the Test for operational or technical reasons

Article 13 (Discontinuation of Provision of the Test)

The Company shall, at any time upon giving prior notice of termination to Testers, be entitled to discontinue the provision of all or any part of the Test. In this case, the Company shall notify Testers of that fact by posting the same on the Website, by email, or through other means the Company thinks reasonable.

Article 14 (Prohibited Matters)

• No Tester shall be entitled to assign to, transfer to, sell to or buy from another, change the name to another’s name of, or provide another as pledge or other security with, any of his/her rights held as a Tester, and items, characters, and saved data within the Software which are obtained in the Test (including so-called “real money trading”).

• No Tester shall perform any of the following other acts on the Test:

  • Playing a game in a manner offensive to other Testers

  • Playing a game using falsified data regardless of the circumstances

  • Undertaking any acts such as reverse engineering, decompiling, disassembling, or extracting source code of the Test or the Software

  • Playing a game in a manner not intended by the Company using any function or failure of the Software or the Test

  • Performing any other act determined to be inappropriate by the Company or a third party providing any of the systems used by the Test

• With respect to Testers who have performed acts prohibited under this Article, the Company or the third party providing any of the systems used for the Test shall be entitled at its discretion to give such Testers warnings, delete the Recorded Data of such Testers, or have such Testers suspend or cease their use of the Test.

Article 15 (Indemnity)

If the Company is subject to any actual or threatened claims, costs, damages, losses, or other liabilities (collectively, "Covered Losses") as a result of your use of the Test, then the Tester agrees to indemnify the Company from all such Covered Losses and any related costs, such as reasonable attorneys' fees.
Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to the Tester. If the Tester is obligated to indemnify the Company, the Company will have the right, in its sole discretion, to control any action or proceeding and determine whether the Company wishes to settle it, and if so, on what terms.

Article 16 (Damages)

• Excluding cases of bad faith or gross negligence. the Company shall not be liable in any way to Testers for any loss or damage caused to Testers and third parties due to the Testers’ use of the Test, nor shall the Company be obligated to pay damages therefor.

• With respect to the deletion of the Recorded Data of Testers, the cessation or cancellation of Testers’ registration, or the cessation, suspension, , or discontinuation of Testers’ use of the Test by the Company, the Company shall not be obligated to pay any damages, unless the Company acts in bad faith or gross negligence.

• Even if the Company is liable for damages for any reason, the Company shall not be liable to pay damages of an amount exceeding those for the loss or damage directly caused to Testers, nor shall the Company be liable to pay damages for any incidental, indirect, special, or future damage, or lost profits.

• If any Tester causes any loss or damage to other Testers or third parties due to his/her use of the Test, the Tester shall resolve such issue at his/her own responsibility and expense, and not cause any loss or damage to the Company.

Article 17 (Disclaimers and Limitation of Liability)

USE OF THE TEST AND THE SOFTWARE IS AT THE TESTER’S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS REPRESENTATIVES CREATES A WARRANTY. THE TEST AND THE SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE TEST AND THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE TO THE TESTER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE TESTER’S ACCESS, USE, MISUSE, OR INABILITY TO USE THE TEST OR THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COMPANY'S AGGREGATE LIABILITY TO THE TESTER IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE TESTER’S ACCESS, USE, MISUSE, OR INABILITY TO USE THE TEST OR THE SOFTWARE IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE TEST OR THE SOFTWARE. IF A LAW RESTRICTS THE COMPANY’S ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS AND DISCLAIMERS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, THE COMPANY LIMITS ITS LIABILITY AND DISCLAIMS WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

Article 18 (Governing Law/Dispute Resolution)

This Agreement shall, including the execution, validity, interpretation and performance hereof, be governed by the laws and regulations of Japan by all means. If any problem, dispute, difficulty, or other issue arises between the Tester and the Company in connection with the Test, the parties shall resolve the issue through consultation in good faith, and in the event of a failure in resolving it through consultation, it shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Article 19 (Severability)

If any part of this Agreement is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from this Agreement and the remainder of the Agreement will remain intact. Without limiting the previous sentence, if the law in the Tester’s jurisdiction limits the applicability to the Tester of any provision of this Agreement, such provision shall remain applicable to the Tester to the fullest extent permitted by applicable law. If the Company does not enforce any provision of this Agreement, that will not be considered a waiver of the Company’s rights. Any waiver of this Agreement must be in a written document signed by an authorized representative of the Company.

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