This Agreement is made and entered into by and between Wargaming World Limited, a company duly organized and existing under Cyprus law having its principal place of business at 105, Agion Omologiton Avenue, Nicosia, 1080, Cyprus (hereinafter called “Wargaming”) and you, private person (hereinafter called the “USER”).
WHEREAS, Wargaming and the USER engaged in performing Beta tests of the massive multiplayer game "World of Tanks Blitz" (hereinafter called the “GAME”), and in connection with such testing, Wargaming expects to provide the USER with the opportunity to beta test the new Game and to disclose to the USER the Confidential Information, defined as below, in accordance with the conditions of this Agreement,
NOW, THEREFORE, the parties hereto agree as follows:
- DEFINITION OF THE CONFIDENTIAL INFORMATION. The term of the “Confidential Information” to be used in this Agreement shall mean; (i) the fact that the parties hereto negotiate or negotiated each other with respect to the Game Beta testing possibility and any of the terms determined by the parties under such negotiation, until and unless Wargaming and the USER make a press release or similar statement mutually accepted by both parties describing the existence of any relationship between the parties and the scope of their respective activities thereunder; and (ii) any and all information disclosed by Wargaming to the USER in any form, including, but not limited to research, software, services, development, projects, designs, products, inventions, processes, drawings, engineering, marketing, know-how, films, music, discs, data, documents and materials, while providing the User with Game Beta testing.
- CONFIDENTIALITY OBLIGATION. The USER shall strictly keep the Confidential Information secret, and shall not disclose the same to any third party without the prior written consent of Wargaming. Without prior written consent of Wargaming, the USER shall not use the Confidential Information for any purpose other than intended by both parties hereunder.
- OWNERSHIP OF THE CONFIDENTIAL INFORMATION. The USER understands and agrees that the Confidential Information disclosed by Wargaming shall be the sole and exclusive property of Wargaming, and the USER shall not acquire any right or license pertaining to the Confidential Information under this Agreement.
- RETURN OF THE DOCUMENTS. The USER agrees that it shall, promptly upon Wargaming’s request, return any and all the tangible media in or on which the Confidential Information is described or recorded, including, but not limited to any product, computer program, design, drawing, film, document or other material.
- EXCLUSION FROM THE CONFIDENTIAL INFORMATION. Any confidentiality obligation of the USER under this Agreement shall not apply to any information which: (i) is in the public domain at the time of disclosure by Wargaming; (ii) becomes to the public domain after the time of disclosure by Wargaming through no fault of the USER; (iii) is developed by the USER independently without any reference to the Confidential Information; (iv) is in the USER’s possession rightfully from a third party that shall not be obliged to keep it secret; (v) is disclosed by the USER in accordance with laws, regulations or orders of any governmental authorities; provided, however, that the USER shall document or otherwise prove the fact set forth in subparagraphs (i), (ii), (iii), (iv) and (v) of this Section 5.
- TERMS AND CONDITIONS OF BETA TESTING. The USER will carry out the testing personally and not provide access to beta games to any other person.
As a beta tester, the USER is invited to play beta games for the sole purpose of evaluating the Game and identifying errors. Nothing in these terms and conditions and the Game shall be construed as granting you any rights or privileges of any kind with respect to the beta games. The beta games are provided for testing on an "as is" basis and Wargaming makes no warranty to you of any kind, express or implied.
When playing certain beta games, the USER may accumulate treasure, experience points, equipment, or other value or status indicators. Wargaming may reset this data when the relevant game completes this testing phase or at any time during the testing process. In this case, all player history and data will be erased and each player will return to novice status.
By starting a beta game, the USER agrees that:
- playing beta games is at your own risk and that you know that the games may include known or unknown bugs;
- any value or status indicators that USER achieves through game play may be erased at any time;
- Wargaming has no obligation to make these games available for play without charge for any period of time, nor to make them available at all;
- this Game may be available only by subscription once the testing process is complete or at any time in the future;
these terms and conditions apply to the USER’s use of the Game during the testing phase.
- EFFECTIVE TERM OF OBLIGATION. The USER’s obligation under this Agreement shall be effective while the Agreement is in force and for the period of five (5) years from the date of the Agreement termination.
- GOVERNING LAW. This Agreement and its interpretation and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the Cyprus Law, without giving effect to any choice or conflict of law provision or rule (whether Cyprus or any other jurisdiction) that would cause the application of laws of any jurisdictions other than those of Cyprus Law.
- JURISDICTION. All disputes, controversies or differences which may arise between the parties hereto in relation to or in connection with this Agreement, shall be exclusively submitted to the exclusive jurisdiction of District Court of Nicosia in Nicosia, Cyprus.
- REMEDIES. The USER acknowledges and agrees that the USER’s breach of any provision of this Agreement and/or any unauthorized use of the Confidential Information will cause irreparable harm, damage and loss to Wargaming, and that Wargaming may seek preliminary and permanent injunctive relief against the breach or threatened breach by the USER of this Agreement, in addition to any other remedies which may be available, including, without limitation, claim for damages and permanent ban of all USER’s accounts in the Game and services provided with respect to it.
- ACKNOWLEDGEMENT. The USER acknowledges and agrees that the USER has read and understand the foregoing Agreement and agrees that by clicking “Accept” or installing the GAME the USER is acknowledging his agreement to be bound by the terms and conditions of this Non-Disclosure Agreement.
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