Global Agenda

2 Confidentiality



2.1 Confidential Information Defined. “Confidential Information” shall mean (a) any and all information relating to, contained in or relayed through the Alpha/Beta Software, the Game, and the Alpha/Beta Program, including, without limitation, information relating to (i) the performance, capabilities and contents of the Alpha/Beta Materials, (ii) your Feedback, (iii) any other Alpha/Beta Program participant’s Feedback, and (iv) any Hi-Rez employee’s feedback and comments, (b) the existence and terms of this Agreement, and © any and all information relating to the future or proposed games, services or business operations of Hi-Rez. Without limiting the generality of the foregoing, please review Addendum B below for a list of examples of Confidential Information. The list in Addendum B is not exhaustive and is provided for reference and example only. You shall use best efforts to safeguard and to prevent unauthorized use or disclosure of the Confidential Information, unless otherwise expressly authorized in writing as provided in Section 2.3 below. Your obligation to keep the Alpha/Beta Materials confidential will continue until Hi-Rez publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the Game product(s) and the content that you are testing.



2.2 Confidentiality Obligation. You shall keep the Confidential Information in confidence and shall not publish, disclose, distribute, transmit, post or otherwise make available, directly or indirectly, any Confidential Information to any third party except as otherwise expressly set forth herein. However, you may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that (a) you give Hi-Rez prompt written notice of such order so Hi-Rez has opportunity to seek a protective order or other appropriate remedy to such order, prior to disclosure and shall comply with any applicable protective order or equivalent, (b) you provide Hi-Rez with all reasonable assistance in opposing such required disclosure or seeking a protective order or confidential treatment for all or part of such Confidential Information, and © you disclose only such portion of the Confidential Information as is either permitted by Hi-Rez or required by the court, tribunal, governmental agency or other authority, subject to any protective order or confidential treatment obtained by Hi-Rez.



2.3 Permitted Disclosures. You may disclose the information that is specifically identified in Addendum A, if any, on online message boards, forums or other similar venues in accordance with the restrictions set forth in Addendum A and this Agreement. Said restrictions are to be applied no matter whether the venue is open to the general public or with access that is regulated and/or restricted. Hi-Rez reserves the right to amend Addendum A from time to time upon written notice to you. Notwithstanding anything contained herein to the contrary, you shall not make any false statements to anyone about Hi-Rez, its licensors, this Alpha/Beta Program, other participants in the Program, or any Hi-Rez products or services, including the Alpha/Beta Materials.