Nucleus Closed Beta Licence and Confidentiality Agreement
Last updated 8 September 2026
This Agreement is between FirstGearGames, a registered trade name of a Wyoming limited liability company ("Licensor", "we", "us"), and the individual accepting it ("you", "Tester").
Please read this before you download anything. Nucleus is unreleased, confidential software. This Agreement is what permits you to hold a copy of it, and it places real restrictions on what you may do with it and on what you may say about it.
1. Acceptance
You accept this Agreement by clicking "I have read and agree" and then downloading. You must do this each time you download, and each acceptance is recorded together with the date, the version of this Agreement shown to you, and the file released to you.
If you do not agree, do not download. There is no other way to obtain access, and no other document governs your use of the Software.
If you are accepting on behalf of a company or other organisation, you confirm that you are authorised to bind it, and "you" then means both you and that organisation.
2. Definitions
"Software" means the Nucleus networking engine in any form, including compiled assemblies, source code, sample projects, editor tooling, and any build, update, or patch we provide during the Beta.
"Documentation" means any manual, guide, specification, demo, README, or written or recorded explanation we provide about the Software.
"Confidential Information" means the Software and Documentation, and any non-public information about them or about Licensor's business, including source code, architecture, algorithms, network protocol and wire format, API surface, class and method names, performance characteristics and benchmarks, defects, roadmap, pricing plans, and the content of your communications with us about any of these.
"Beta Period" means the period during which Licensor makes the closed beta available to you. It begins when you first accept this Agreement and ends when Licensor ends the Beta or terminates your access, whichever comes first.
"Your Project" means a game or application you develop that incorporates the Software, together with the original content in it that you own.
3. Licence Grant
Subject to your compliance with this Agreement, Licensor grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence, during the Beta Period, to:
- install and use the Software on computers you own or control; and
- use the Software internally to evaluate it and to develop and test Your Project.
That is the entire grant. The Software is licensed, not sold, and any right not expressly granted here is reserved.
The licence is granted to you as one individual. It does not extend to your employer, your colleagues, your contractors, your co-founders, or your friends. If other people need access, each of them must be admitted to the Beta and accept this Agreement themselves.
4. Restrictions
You may not, and may not permit anyone else to:
- Distribute the Software. Do not distribute, redistribute, publish, upload, mirror, host, share, sell, rent, lend, sublicense, or otherwise make the Software available to any third party, in whole or in part, in any form.
- Post it anywhere. Do not place the Software in a public or shared source repository, a package registry, a file-sharing or cloud-storage link, a Discord or other chat server, an asset store, or any other location from which another person could obtain it.
- Disclose how it works. Do not publish or disclose source code, decompiled or disassembled output, API surface, class or method names, architecture, algorithms, the network protocol or wire format, internal design, benchmarks, or performance measurements.
- Reverse engineer it. Do not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of any compiled portion of the Software, except to the extent this restriction is unenforceable under applicable law.
- Modify or derive from it. Do not modify the Software or create derivative works from it, other than ordinary use of its public API within Your Project.
- Strip notices. Do not remove, obscure, or alter any copyright, confidentiality, licence, or attribution notice in or accompanying the Software, including the licence file distributed with it and the metadata embedded in its assemblies.
- Train models on it. Do not use the Software, its source, or its Documentation to train, fine-tune, evaluate, or benchmark any machine-learning model, and do not submit any of them to a third-party service that does so.
- Compete with it. Do not use the Software or Confidential Information to design or build, or to assist anyone else in building, a competing networking library, engine, or middleware product.
- Share your access. Do not share your account credentials, download links, or downloaded builds with anyone.
- Circumvent controls. Do not bypass or attempt to bypass any licence check, access control, or usage limitation in the Software or on our website.
5. Confidentiality
All Confidential Information is confidential, and is a trade secret of Licensor within the meaning of the Florida Uniform Trade Secrets Act, Fla. Stat. § 688.001 et seq.
You agree to:
- keep Confidential Information strictly confidential and disclose it to no one;
- protect it with at least the degree of care you use for your own most sensitive information, and in no event less than reasonable care; and
- use it only for the purposes permitted in Section 3.
5.1 What you may still do
So that the Beta is actually usable, you may:
- publicly show, stream, screenshot, or release footage of Your Project, including gameplay running on the Software, provided you do not reveal Confidential Information in doing so; and
- state publicly that you are a Nucleus beta tester, and that Your Project uses Nucleus.
This carve-out covers your own work and your participation in the Beta. It does not permit you to explain how the Software works, publish benchmarks or comparisons, share builds, or show the Software's source, editor tooling, or internals.
5.2 Standard exceptions
Your confidentiality obligations do not apply to information that:
- is or becomes publicly available through no act or omission of yours;
- you can show you already lawfully knew, free of any obligation of confidence, before we disclosed it to you; or
- you independently developed without any use of or reference to Confidential Information.
If you are compelled by law, subpoena, or court order to disclose Confidential Information, you may do so only to the extent legally required, and only after giving us prompt written notice (before disclosure, where the law allows) so that we have a reasonable opportunity to seek protection.
5.3 Duration
Your obligations under this Section 5 begin on acceptance and survive termination of this Agreement. They continue for five (5) years after the Beta Period ends, and for as long as the information remains a trade secret under applicable law, whichever is longer.
6. Ownership
The Software, the Documentation, and all Confidential Information are and remain the exclusive property of Licensor. All right, title, and interest in them, including all copyright, trade secret, patent, trademark, and other intellectual property rights, belong to Licensor.
Nothing in this Agreement transfers any ownership to you, and no rights are granted by implication, estoppel, or otherwise. You retain all rights in Your Project's original content, which this Agreement does not affect.
7. Feedback
We would like your feedback, and asking for it should not create an obligation for either of us. If you give us any feedback, bug report, suggestion, benchmark, reproduction case, or idea about the Software, you grant Licensor a perpetual, irrevocable, worldwide, royalty-free, fully paid-up licence to use, modify, and incorporate it into any product without restriction, attribution, compensation, or confidentiality obligation. You will not knowingly give us feedback that is subject to a third party's rights that would restrict us in this way.
8. The Software is Pre-Release
The Software is unfinished. It may be unstable, may contain defects, may behave incorrectly, may lose or corrupt data, and may change or break without notice. Do not rely on it for anything you cannot afford to lose, and keep your own backups of Your Project.
Licensor is under no obligation to provide support, to fix any defect, to maintain compatibility between versions, to preserve any data or project you create, or to release the Software commercially at all. The Beta may be changed, suspended, or discontinued at any time.
9. No Commercial or Public Release
The licence in Section 3 is for evaluation and internal development only.
You may not publicly release, distribute, publish, sell, or otherwise commercially exploit Your Project, or anything else containing or built on the Software, during the Beta Period without a separate written commercial licence from Licensor. If you want to ship, ask us. Permission is granted in writing or not at all.
10. Term and Termination
This Agreement runs for the Beta Period.
You may terminate at any time by ceasing all use of the Software and deleting it as described below. Licensor may terminate this Agreement, or suspend or revoke your access to the Beta, at any time, for any reason or for no reason, with or without notice.
On termination or expiry, you must immediately:
- stop all use of the Software;
- delete every copy of the Software and Documentation in your possession or control, including copies on development machines, build servers, continuous-integration systems, shared drives, and backups; and
- if we ask, confirm in writing within ten (10) days that you have done so.
Sections 4 (Restrictions), 5 (Confidentiality), 6 (Ownership), 7 (Feedback), 9 (No Commercial or Public Release), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnity), 14 (Equitable Relief), and 17 (Governing Law and Venue) survive termination.
11. Disclaimer of Warranties
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOST DEVELOPMENT TIME, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SOFTWARE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID LICENSOR FOR THE SOFTWARE DURING THE BETA PERIOD, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that the Software is provided to you at no charge or at a nominal charge during the Beta, and that these limits are a fundamental basis of the bargain between us.
13. Indemnity
You will defend, indemnify, and hold harmless Licensor and its owners, officers, and agents from and against any claim, demand, loss, liability, damage, cost, and expense (including reasonable legal fees) arising out of or relating to your use of the Software, Your Project, or your breach of this Agreement.
14. Equitable Relief
You acknowledge that the Software and Confidential Information are unique and valuable, that Licensor's business depends on them remaining confidential, and that any breach or threatened breach of Section 4 or Section 5 would cause Licensor irreparable harm for which monetary damages would be an inadequate remedy.
Licensor is therefore entitled to seek injunctive and other equitable relief to prevent or stop such a breach, without the necessity of posting a bond or proving actual damages, in addition to any other remedy available at law or in equity.
15. Export Control and Compliance
You will comply with all applicable export control, sanctions, and trade laws. You represent that you are not located in, and are not a national of or ordinarily resident in, any country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You will not export, re-export, or transfer the Software in violation of those laws.
16. General
Assignment. You may not assign or transfer this Agreement or any right under it, by operation of law or otherwise, without Licensor's prior written consent. Any attempt to do so is void. Licensor may assign this Agreement freely.
Amendment. Licensor may issue a new version of this Agreement at any time. A new version applies to downloads made after it takes effect, and you will be asked to accept it before your next download. Your previously recorded acceptances continue to govern the copies you already hold. This Agreement may not otherwise be modified except in a writing signed by Licensor.
Entire agreement. This Agreement is the entire agreement between us about the Software, and supersedes all prior and contemporaneous discussions, proposals, and understandings, written or oral.
No waiver. A failure or delay by Licensor in enforcing any provision is not a waiver of it, and no single waiver waives any other or any later breach.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remainder stays in full force.
No partnership. Nothing here creates a partnership, joint venture, employment, or agency relationship between us.
Notices. Notices to Licensor go to the contact address in Section 18. Notices to you go to the email address on your account, and are effective when sent.
Headings. Section headings are for convenience and do not affect interpretation.
17. Governing Law and Venue
This Agreement is governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You and Licensor agree that the exclusive venue for any dispute arising out of or relating to this Agreement is the state or federal courts located in Flagler County, Florida, and you consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.
Nothing in this Section prevents Licensor from seeking injunctive relief under Section 14 in any court of competent jurisdiction.
18. Contact
Questions about this Agreement, requests for permission under Section 9, and legal notices:
FirstGearGames: FirstGearGames@gmail.com
By clicking "I have read and agree" you confirm that you have read this Agreement, that you understand it, and that you agree to be bound by it.