PLEASE READ TO THE BOTTOM AND CLICK TO ACCEPT

Suicide Squad: Kill the Justice League – Closed Alpha
NONDISCLOSURE AND LICENSE AGREEMENT

PLEASE READ CAREFULLY. THIS DOCUMENT CONTAINS BINDING PROMISES
FROM YOU REGARDING CONFIDENTIALITY. IF YOU DO NOT AGREE WITH
THESE PROMISES, YOU SHOULD NOT PROCEED WITH THE ALPHA TEST.

Welcome to Suicide Squad: Kill the Justice League (the “Game”) Closed Alpha. WB Games Inc., (“WB”)
is offering you access to play the version of the Game through a Alpha program (the “Alpha Test”) to,
among other things, allow a limited number of people to test the features, capabilities
and performance of the Game and provide feedback to WB. Please carefully read this Alpha Test
License Agreement, which includes the Privacy Policy incorporated here by this reference
(collectively, the “Agreement”). By using the Game, you represent that you have read, understood,
and agree to the Agreement in its entirety, including the Privacy Policy. 

If you do not agree with any of the Agreement, including the Privacy Policy,
then please do not access the Game.


1. Agreement

(A) You represent and warrant that you are not a principal, employee, agent, independent
contractor, officer or director of a developer or publisher of video or computer games (other than
WarnerMedia). You represent and warrant that you are entering into this Agreement on a
completely voluntary basis with no expectation of any form of compensation whatsoever other
than what is expressly provided for in this Agreement.

(B) In connection with the Alpha Test, WB may provide you, on a temporary basis, access to the
pre-release copy of the Game. You understand and agree that the pre-release copy and all other
Materials (as defined below) provided to you are confidential or proprietary information of WB
and are not intended for public release. You agree as a condition of participating in the Tech
Test to (i) not copy or reproduce the pre-release copy of the Game, the Materials or any other
confidential or proprietary information of WB, and (ii) safeguard access to the pre-release copy
of the Game, the Materials and confidential and proprietary information and prevent
unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release
copy of the Game, the Materials and confidential and proprietary information of WB.

(C) You will carry out the testing in your home and will not provide access to the Game to any
other person. You will not disclose any part of the Game to any third party, including but not
limited to any trade or consumer press, news agency or any competitor of WB. You agree that a
breach of the above obligations may cause irreparable harm to WB, and WB is entitled to (in
addition to any other remedies available to it), ex parte injunctive relief without bond to prevent
the breach or threatened breach of your obligations.


ONCE THE COMMERCIAL VERSION
OF THE GAME HAS BEEN RELEASED BY WB TO THE PUBLIC, YOUR
CONFIDENTIALITY OBLIGATION (AS SET FORTH HEREIN) SHALL CONTINUE ONLY
WITH RESPECT TO INFORMATION CONCERNING THIS ALPHA TEST, INCLUDING
ALL FEEDBACK AND COMMENTS (WHETHER FROM YOU, ANY OTHER
PARTICIPANT, OR FROM WB EMPLOYEES).

(D) As a tester, you are invited to play the Game for the sole purpose of evaluating the Game and
identifying errors. Nothing in this Agreement or your participation in the Alpha Test shall be
construed as granting you any rights or privileges of any kind with respect to the Game or rights
to receive any other compensation of any kind for your participation and does not constitute an
employment agreement or offer of such an agreement between you and WB. The Game is
provided on an "as is" and "as available" basis and WB makes no warranty to you of any
kind, express or implied. WB may, in its sole discretion for any reason and at any time without
notice during the Alpha Test terminate your participation therein without any form of
compensation due to you whatsoever for this termination.

(E) When playing the Game, you may accumulate earned points, achievement points, or other
value or status indicators and items acquired by such points, all of which are non-refundable,
non-tradable and have no monetary value. You acknowledge and agree that WB reserves the
right to add, remove or reset any such points, or other data at any time during the testing process
(without any notice to you), and such items may be reset when the Game completes the Tech
Test. In this case, all player history and data will be erased and each player will return to novice
status at the end of the Alpha Test.

(F) By playing the Game, you agree that: (i) WB is not providing you with any hardware to run
the Game; (ii) playing the Game is at your own risk and you know that the Game may include
known or unknown bugs, (iii) any value or status indicators that you achieve through game play
may be erased at any time, (iv) WB has no obligation to make the Game available for play
without charge for any period of time, nor to make it available at all, (v) this is a closed Tech
Test, you will keep all information about the Game confidential as stated above and not disclose
such information to any other person; and (vi) you will not use the Game or the Materials for any
purpose that is unlawful or prohibited by the terms and conditions of this Agreement.

(G) Alpha Test accounts are non-transferable under any circumstances. You may not share your
log-in or access information with anyone.


2. Use of Content/Intellectual Property

All Game software, code, design, text, scripts, images, photographs, illustrations, audio clips,
video clips, artwork, graphic material, programs, routines, objects, files, data, characters/avatars
(including all attributes comprising or associated with any player account), players, or other
copyrightable elements, and the selection and arrangements thereof, and trademarks, service
marks and trade names (the "Material") are the property of WB and/or its subsidiaries, affiliates,
assigns, licensors or other respective owners and are protected, without limitation, pursuant to
U.S. and foreign copyright and trademark laws.

WB hereby grants to you a personal, limited, non-exclusive, revocable, non-assignable and non-
transferable license to use and display the Game and the Materials for noncommercial and
personal use and solely for purposes permitted by, and in a manner consistent with the terms of
this Agreement. You agree not to reproduce, modify, create derivative works from, display, perform,
publish, distribute, disseminate, broadcast, or circulate any Material to any third party
(including, without limitation, the display or distribution of the Material via a third party
website) without the express prior written consent of WB. Use of WB’s and/or its licensors'
Material is only permitted with their express written permission. You further agree that you will
not, under any circumstances: (a) in whole or in part, translate, reverse engineer, derive source
code from, disassemble, decompile the Game; and (b) use cheats, automation software, hacks, or
any unauthorized third party software to modify the Game.

Any and all rights not specifically and expressly granted by WB herein are reserved, and no
license, permission or right of access or use not granted expressly herein shall be implied. WB
reserves the right to suspend or terminate operation of the Game at any time for any reason
without any notice or liability to you. WB has the right to change or discontinue any aspect or
feature of the Game, including, but not limited to, content, hours of availability, and equipment
needed for access or use, at any time without any notice or liability to you. Any use of the Game
not expressly authorized by WB is strictly forbidden and will be regarded as an infringement of
WB’s and/or its subsidiaries’, affiliates’, assigns’, licensors’ copyrights in and to the Game.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS AGREEMENT SHALL
HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS,
TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR
OTHER PROPRIETARY RIGHTS IN THE GAME OR MATERIALS OR ANY PART
THEREOF TO YOU OR ANY THIRD PARTY NOR TO AUTHORIZE YOU TO CREATE
DERIVATIVE WORKS BASED THEREON. YOU UNDERTAKE NOT TO DO ANY ACT
OR THING WHICH IS INCONSISTENT WITH OR WHICH IS LIKELY
IN ANY WAY TO PREJUDICE SUCH RIGHTS.


3. Confidentiality

Confidential Information Defined. "Confidential Information" shall mean: (a) any and all
information relating to or contained in the Game, the Materials, and/or the Alpha Test, including,
without limitation, information relating to: (i) the performance, capabilities, bugs and contents of
the Game, (ii) your feedback and comments, (iii) any other Alpha Test participant’s feedback and
comments, and (iv) any WB’s employee’s feedback and comments, (b) the terms of this
Agreement, and (c) any and all information relating to the future or proposed games, services or
business operations of WB and/or its subsidiaries or affiliates. Confidential Information includes,
without limitation, all such information disclosed to you prior to your accepting this Agreement.
You acknowledge and agree that the Confidential Information constitutes valuable trade secrets
of WB and/or its subsidiaries and affiliates.

Confidentiality Obligation. You shall 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 shall give WB
reasonable written notice prior to disclosure and shall comply with any applicable protective
order or equivalent.


4. Submissions

Our License to Your Content/Intellectual Property. By uploading or otherwise submitting,
posting, communicating or otherwise distributing (collectively, "Distribute") any
texts, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, feedback,
comments, and other similar materials (collectively, “Solicited Submissions”) to WB via any
feature or activity related to the Game for WB’s review or display, you (and your parents, if
you're under age 18, or such other age of majority as applies in your territory of residence) automatically
grant (or warrant that the owner of such rights has expressly granted) to WB a perpetual,
royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, and distribute such materials or incorporate such materials into
any form, medium, or technology (now known or hereafter developed or devised) throughout the universe.
In addition, you warrant that all so-called "moral rights" and other rights recognized throughout
the world (including without limitation, the European Economic Community) in those materials have been waived.
Our long-standing company policy does not allow us to accept or consider submissions that are
not expressly requested or enabled through Game or related website (“Unsolicited Submissions”)
so please do not Distribute any Unsolicited Submissions. We want to avoid the possibility of
future misunderstandings when projects developed by us or under our direction might seem to
others to be similar to their own creative work. We therefore ask that you not distribute any
Unsolicited Submission. In any event, you agree that any Solicited Submissions and/or
Unsolicited Submissions (collectively, “Submissions”) you make are not being made in
confidence or trust and that no confidential or fiduciary relationship is intended or created
between you and us in any way, and that you have no expectation of any review, compensation
or consideration of any type.

The provisions of this Agreement apply equally to Unsolicited Submissions and Solicited
Submissions. WB, its licensees, licensors, distributors, agents, representatives and other
authorized users shall be entitled to exploit and/or disclose all Unsolicited Submissions and
Solicited Submissions, and we shall not be liable to you or to any person claiming through you
for any exploitation or disclosure of these Submissions.



5. Diagnostic Information/Monitoring.

As a condition to participation in the Alpha Test, you grant WB the right to upload certain system
and software information from your computer system, mobile device and/or tablet during your
participation in the Alpha Test, solely for the purpose of evaluating and improving the Game. You
further acknowledge that any and all Game character data is stored and is resident on WB’s or its
vendors/affiliates servers, and any and all communications that you make within the Game or as
part of the Alpha Test (including, but not limited to, messages solely directed at another player or
players) traverse through WB’s or its affiliates’ servers, may or may not be monitored by WB’s
or its affiliates’ personnel and, accordingly, you have no expectation of privacy in any such
communication.


6. Miscellaneous

NO WARRANTY. THE GAME ARE BEING DELIVERED TO YOU ON AN “AS
AVAILABLE” AND "AS IS" BASIS AND WB (INCLUDING ITS SUBSIDARIES AND
AFFILIATES) MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE.
WB DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
MAY OBTAIN BY USING THE GAME. WB MAKES NO WARRANTIES, EXPRESS OR IMPLIED
(OTHER THAN AS IMPLIED BY THE LOCAL LAWS OF YOUR TERRITORY OF RESIDENCE),
AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH THE
QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE GAME INCLUDING,
BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT,
LOSS OF DATA OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY
RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF THE GAME
AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

We are not responsible or liable for any infections or contamination of your system, or delays,
inaccuracies, errors, or omissions arising out of your use of the Game or with respect to the
information and material contained in the Game. The entire risk as to the quality, accuracy,
adequacy, completeness, correctness and validity of any material rests with you.

Limitation of Liability.

IN NO EVENT WILL WB (OR ITS AFFILIATES OR
SUBSIDIARIES) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
EXPEMPLARY, LIQUIDATED SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER
DAMAGES WHATSOEVER WHETHER UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY ARISING
FROM YOUR USE OF THE GAME. IN NO EVENT WILL WB (OR ITS AFFILIATES OR
SUBSIDIARIES) BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING
OUT OF OR RELATING TO THE GAME OR ANY USE THEREOF, INCLUDING
WITHOUT LIMITATION, ANY LOSS OF REVENUE, DATA, USE, OR PROFITS,
DISRUPTION OF SERVICE OR CLAIMS OF A THIRD PARTY REGARDLESS OF
WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL
OR EQUITABLE THEORY.

Some States and/or territories do not allow the exclusion or limitation of incidental
or consequential damages, or the exclusion of implied warranties or limitations on how long an
implied warranty lasts, so the above limitations or exclusions may not apply to you.
Notwithstanding the foregoing, in no event shall our liability to you for any and all claims,
damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount
paid by you, if any, for accessing and playing the Game.

Termination of Game/Content.

The privileges granted to you under this Agreement will
terminate immediately and automatically without notice from us, if, in our sole discretion, you
fail to comply with this Agreement. Further, use of any software, code, device or other
mechanism that allows automated gameplay, expedited gameplay, or other manipulation of
gameplay or game client will result in immediate termination of your account. WB reserves the
right, in its sole and absolute discretion, to determine what constitutes manipulation of gameplay
or game client. WB also reserves the right to terminate your access to the Game at any time.
Finally, WB reserves the right to change and modify the Game or its respective content or
features in its sole discretion.

Indemnification.

You agree to indemnify, defend and hold harmless, WB and its affiliates and
subsidiaries, and its and their respective officers, directors, employees, agents, licensors,
representatives from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement by you. WB reserves
the right to assume, at its sole expense, the exclusive defense and control of any matter subject to
indemnification by you, in which event you will fully cooperate with us in asserting any
available defenses.


Disputes / Arbitration.

If a dispute arises between you and WB, you agree to provide us with notice of the dispute via
email to legal@wb.com. Upon our receipt of the notice, the parties will have a period of sixty
(60) days to attempt to resolve the dispute informally before either may resort to the other
alternatives described in this Section.

With the exception of class actions (further discussed below), claims to enforce intellectual
property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy
or publicity rights), and claims of piracy or unauthorized use of Game, any dispute of any kind
between you and WB arising under this Agreement or in connection with your use of Game
(“Dispute”), if unresolved through informal discussions within sixty (60) days of receipt of
notice, will be resolved by binding arbitration in the state or country in which you reside.
WB reserves the right to seek a preliminary injunction or temporary restraining order from a
federal or state court in the United States. However, after such request for relief has been heard
by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth
herein. WB reserves the right to demand any remedy for violations of this Agreement.
Any arbitrator proceeding over a Dispute will be a retired judge or justice of any state or federal
court with substantial experience in the subject matter relevant to the matter in dispute and will
follow California law in adjudicating the dispute. The parties agree that an arbitrator proceeding
over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way
of motions filed by the parties. The parties also agree that they will follow JAMS’ streamlined
arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that
the JAMS rules are inconsistent with this Section or the class action waiver described below. The
JAMS rules are available at www.jamsadr.com.

The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to
resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or
formation of this Agreement, including, but not limited to, any claim that all or any part of this
Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be
empowered to grant whatever relief would be available in a court under law or in equity. The
arbitrator’s award will be written, and binding on the parties and may be entered as a judgment in
any court of competent jurisdiction.

If the claim you wish to assert against us is less than $10,000, then, at your election, (i) the
arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of
arbitration bring your claim in small claims court. If either party files a claim in state or federal
court that is required by this Agreement to have been brought to arbitration, then the other party
will be entitled to his/her/its reasonable attorneys' fees incurred in successfully compelling
arbitration. To the extent the filing fee for the arbitration exceeds the cost of the filing fee for a lawsuit, WB
will pay the additional cost of the filing fee.

Class Action Waiver.

You and WB agree that Disputes will be resolved on an individual basis,
and that any claims brought under this Agreement must be brought in the parties' individual
capacity, and not as a plaintiff or class member in any purported class, collective, or
representative proceeding. The parties further agree that they will not participate in any class
action (existing or future) brought by any third party arising under this agreement or in
connection with the Game. If any court or arbitrator determines that the class action waiver set
forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed
on a class basis, then such class action is not subject to arbitration and must be litigated in state
or federal court in Los Angeles County in the State of California.

Modification.

We reserve the right, at any time and from time to time, for any reason in our sole
discretion, to change the terms of this Agreement. Once we modify the Agreement, these
changes become effective immediately and if you use the Game after they become effective it
will signify your agreement to be bound by the changes. You should check back frequently and
review the terms of this Agreement regularly so you are aware of the most current rights and
obligations pursuant to your agreement with us.

International Transfer of Information.

As we operate globally, we may need to transfer to,
and process personally identifiable information about you, on our servers in the United States
and we will use such information consistent with our Privacy Policy and by using the Game, you
expressly consent to our Privacy Policy.

General.

This Agreement is governed by the law of the jurisdiction in which you are a resident.
If we have a dispute, you or we can go to your local courts. This Agreement contains the entire
understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.
This Agreement constitutes the entire agreement between you and WB and governs your use of the Game.
If any provision of this Agreement is determined by a court or arbitrator to be invalid or unenforceable, such determination
shall not affect any other provision of the Agreement, each of which shall be construed and enforced
as if such invalid or unenforceable provision were not contained herein. You may not assign this Agreement,
and any assignment of this Agreement by you will be null and void. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Written Agreement.

The Agreement constitutes a written agreement between you and WB. A
printed version of the Agreement, and of any notice given in electronic form related to this
Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and
subject to the same restrictions, as other business contracts, documents, or records originally
generated and maintained in printed form.