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STRICTLY CONFIDENTIAL
To participate in the Beta Test for ANSTOSS 2022 (closed beta), you must read and accept the terms of the following Beta Test Agreement. Therefore, please read the agreement carefully. These Terms of Use are an agreement between you and 2tainment GmbH (2TA). This agreement describes the terms and conditions on which 2TA gives you sole access to the Beta Test, so that you can play a pre-release product, which is currently named ANSTOSS 2022.
1.) Conditions of Participation
Do not install or use the game if you do not agree to the terms of this agreement.
You represent and guarantee that you are eighteen (18) years of age or older and that you are not a manager, employee, representative, provider, independent contractor, executive or managing director of a developer or publisher of video and/or computer games. IF YOU ARE UNDER 18 YEARS OLD, YOU ARE NOT ALLOWED TO PARTICIPATE IN THE BETA TEST PROGRAM WITHOUT THE PERMISSION OF YOUR GUARDIAN.
You declare, that your participation in the Beta Test is entirely voluntary (and for your personal use only). You agree that your participation in the Beta Test is not an employment contract or an offer of such a contract between you and 2TA. Furthermore, you declare that 2TA expects you to participate in the Beta Test only in your spare time. You agree, that with your participation in the Beta Test you are not entitled to ownership claims, rights to the game and will not receive any further (explicit or implicit) compensation.
2.) Duration of the Agreement
The Beta Test starts with the installation, copying, downloading, accessing or otherwise use of the Beta Materials, and ends with the end of the Beta Test (as stipulated in the confirmation e-mail), unless it is otherwise extended or terminated at the sole discretion of 2TA. Some clauses in this Agreement take effect after the expiration of the Agreement. 2TA may terminate your participation in the Beta Test (in writing or through e-mail message) at its sole discretion for any reason and at any time during the beta test program without providing any compensation for you.
You agree that 2TA is not providing any hardware or software, beside the game software of ANSTOSS 2022 in the Beta Materials, for the Beta Test or for the connection to the servers of 2TA. You are free to terminate your activity as a volunteer tester of the game at any time and for any or no reason in writing or by e-mail message.
3.) Licence
You are granted a revocable, limited right to install the Beta Materials on a single computer for the sole purpose to evaluate the title (as permitted in clause 4.)
You are not allowed to use, copy, modify, sell, rent, lease, distribute, transmit, disclose any part of the Beta Materials (if this is not provided in this agreement.)
2TA reserves all other rights.
You are not allowed
- to sub-license, to transfer, to distribute the Beta Materials or to authorize their use,
- to decompile or to disassemble the Beta Materials or to undergo reverse engineering,
- to share your Beta Test account with a third party.
This Agreement is personal to you and you may not assign, transfer, sub-license, deal with, charge, or delegate any of your rights or obligations under this agreement.
At the end of the Beta Test or your participation in it, all license rights granted herein are suspended immediately.
4.) Obligations of the participant
With the participation in the beta program it is expected that you suggest changes, improvements and additions to the game, as well as provide an analysis of the game and its features (collectively “Feedback”):
- to test, evaluate and analyze the game as requested by 2TA (amongst others function,
features, performance, balancing, hardware compatibility),
- to provide feedback, analysis, suggestions and comments; especially bug reports and test results.
It is understood that it is your responsibility as part of your participation in the beta program, to report all known bugs, abuse of bugs, undocumented features or other errors and problems associated with the game and the beta software ("bugs"), once they are found.
You acknowledge that the feedback on the experience of users is the purpose of the agreement of the Beta Program and Beta Materials which in turn will improve the Beta Program, and the Beta Materials. You agree that we may contact you by e-mail or other means to obtain your feedback regarding your experience with the Beta Program and the Beta Materials; as well as other transaction-related matters regarding your obligations under this Beta Agreement and your participation in the Beta Program. You hereby declare and warrant that you are authorized to enter into this agreement and to assign the rights stated in. You declare and warrant that the feedback is created by you and does not contravene any intellectual property rights of third parties.
Any feedback in any form, in particular e-mail, text messages in forums and / or orally delivered, is to the sole and exclusive ownership of 2TA and/or its licensors. You hereby transfer all your rights and interest in the feedback as well as all related intellectual property rights to 2TA. You agree that 2TA and/or its licensors have an unrestricted and irrevocable right to your feedback or consequential derivative works in any (yet unknown) way without any compensation (remuneration) to your benefit.
It is understood that you need to return any and all copies of the game and the Beta Software that was supplied to you for testing, in any format at the request of 2TA. The return of the material does not affect your obligation to treat the Confidential Information disclosed to you as strictly confidential.
5.) Confidentiality Undertaking / Non-disclosure clauses
In the course of performing the Permitted Purpose, 2TA has agreed to disclose to you certain valuable confidential information, including code, screenshots, render images, artwork, text, plot and other assets or narrative from the Game and information about the Game, including its features, functionality, levels, gameplay, characters, environments, development, release dates and other information about the Game which you learn as a result of this agreement and performing the Permitted Purpose, (which are all together “Confidential Information”) (except as otherwise set out in this agreement). To avoid misunderstanding, please note that “Confidential Information” includes the existence and terms of this agreement, the Game and the Permitted Purpose (which includes your feedback, any other participant feedback in the beta program, and the feedback and comments by any 2TA employee) and any information in relation to proposed or future games, services or business processes of 2TA.
5.1. In consideration of the disclosure of Confidential Information to you by 2TA for the Permitted Purpose only, you hereby agree and undertake as follows, that you comply with the following restrictions:
a. not to use the Confidential Information for any purpose other than in respect of the Permitted Purpose which are strictly subject to the Restrictions set out in the agreement;
b. not to disclose or discuss or reveal the existence of the Confidential Information to any person, firm or company nor exploit the Confidential Information except to the extent permitted herein;
c. to keep the Confidential Information undisclosed;
d. to ensure that the Confidential Information is protected with no less than the same degree of care and security measures which you would apply to your own confidential information, trade secrets and sources, but in no event applying less than a high standard of care. To the extent any FTP or other passwords are made available to access any Confidential Information you shall treat such passwords and FTP addresses as Confidential Information;
e. not directly or indirectly disclose any Confidential Information (in whole or in part) to any person (or allow it to be disclosed) or make copies of it;
f. that any Information about the Game referring to the Confidential Information shall not, under any circumstances, be disclosed, whether in whole or part, or otherwise made available to the public;
g. that, if you play the Game (or part of it), this is to be considered Confidential Information and that playing the Game (or part of it) and any contents you see or hear during such playing of the Game are Confidential Information and shall not be disclosed or discussed or revealed, whether in any article, publication, or otherwise under any circumstances whatsoever;
h. that the Confidential Information shall not be disclosed, published, distributed, transmitted, referred to, reported, or otherwise communicated directly or indirectly to anyone not permitted under this Agreement, (and therefore, for avoidance of doubt, shall not appear on the internet) at any time. For clarity: there is a complete communications, media and disclosure “black-out”;
i. that no Confidential Information will appear in any media. Other media includes, without limitation, social networking sites such as Facebook, Twitter, Linkedin, Tumblr, YouTube, etc, and no Confidential Information shall be shared with any publications or websites;
j. that no recording in any form, whether as photographs or video or audio footage shall be taken or recorded by you while you may be playing the Game or during any demonstration, and that you shall not make any other copies in any format of Confidential Information which may be made available to you.
5.2. Upon you becoming aware that Confidential Information has been disclosed in breach of the terms of this Agreement, you shall immediately inform 2TA of the full circumstances of any such disclosure and the information which has been disclosed and cooperate with all requests of 2TA to try to reduce and minimize the damage caused by such disclosure.
5.3. You shall on 2TA’s request destroy, delete or return any copies of Confidential Information which may have been provided or made available to you.
5.4. Notwithstanding the provisions of this Agreement, Confidential Information shall not include any information which:
a. is in the public domain at the time of disclosure;
b. is required to be disclosed by any applicable law, government or regulatory body;
c. is agreed in writing by 2TA not to be confidential.
You need to do your utmost to secure confidential information and to prevent unauthorized use or disclosure thereof. Your obligation to maintain the confidentiality of the Beta materials continues until 2TA make all the game items or the entire game and the content you are testing, available publicly or publicly distributes the game.
6.) Property Rights
The game software is proprietary to, and a valuable TRADE SECRET of, 2TA. It is entrusted to you only for the purpose set forth in this Agreement. You shall maintain Software in the strictest confidence. Except for the herein granted revocable, limited license 2TA reserves all rights, title and interest (including all intellectual property and proprietary rights) in and to the Confidential Information / Beta Materials (including all goodwill therein) and including any part thereof, shall as between the parties be and remain the sole and exclusive property of 2TA and no rights, title, interest or licenses to the Confidential Information is granted to you by this Agreement 2TA makes no express or implied warranty or representation concerning its Confidential Information, or the accuracy or completeness of the Confidential Information. All title and interest in and to any physical and digital materials embodying the Confidential Information, including any pre-release code version of the Game and any media onto which the same may be recorded which may be sent to you for the Permitted Purpose, remain the sole and exclusive property of 2TA subject only to the limited license for using such material for the Permitted Purpose on and subject to the provisions of this agreement.
You acknowledge that 2TA and / or its licensors own all intellectual property rights in the beta materials, in particular all patent rights, copyrights, inventions, trade secrets, presentation, trademarks and intellectual property rights therein. You are not allowed to remove the copyright notice and other proprietary notices from the beta materials. You agree that this agreement will be stored with all printed and electronic copies of the beta materials and documentation that form the beta materials. You agree to prevent any unauthorized copy of the beta materials.
YOU HEREBY AGREE THAT DAMAGES MAY NOT BE AN ADEQUATE REMEDY FOR BREACH OF THIS AGREEMENT AND THAT 2TA MAY BE ENTITLED TO EQUITABLE RELIEF, INCLUDING INJUNCTION AND SPECIFIC PERFORMANCE IN THE EVENT OF ANY BREACH OR THREATENED BREACH OF THE PROVISIONS OF THIS AGREEMENT BY YOU AND THAT YOU SHALL NOT OPPOSE THE GRANTING OF SUCH RELIEF. FURTHER YOU AGREE TO INDEMNIFY AND KEEP FULLY INDEMNIFIED 2TA AT ALL TIMES AGAINST ALL AND ANY COSTS, CLAIM, DAMAGES, LOSSES OR LIABILITIES ARISING DIRECTLY OR INDIRECTLY (INCLUDING ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, LOSS OF PROFIT, LOSS OF REPUTATION AND LOSS OF OPPORTUNITY) OUT OF ANY BREACH BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT.
In the event that you breach any of the terms of this Agreement or the Code of Conduct of the beta program, 2TA may cancel your access to the beta program and take the available remedies.
YOU ACKNOWLEDGE THAT THE GAME AND ALL BETA SOFTWARE PRODUCTS ARE PRE-RELEASE. YOU ACKNOWLEDGE THE GAME AND THE BETA SOFTWARE MAY CONTAIN ERRORS OR DEFECTS, AND ANY PRODUCTS ARE NOT FINAL. THE GAME AND THE BETA SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
2TA SHALL NOT BE LIABLE TO YOU OR ANYONE FOR INDIRECT, SPECIAL, INCIDENTAL DAMAGES, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR ANY COMPLAINT ARISING IN CONNECTION WITH THIS AGREEMENT, THE GAME UNDER THIS AGREEMENT OR ANY OTHER MATERIALS PROVIDED WITH THE BETA MATERIALS.
7.) Support
2TA provides no support for the game and the Beta Software.
However, 2TA may set up an email address and / or a private forum for you, where questions and / or comments regarding the Beta Materials can be sent. 2TA makes no representations or warranties regarding the correctness of any response to your email(s) or posts, statements or advice from other members made in the forum.
You acknowledge that the game and Beta Software will run in a test environment, that game characters, character data, or any other value or status indicators that you achieve through game play in the beta program can be delete or changed by 2TA at any time in its sole discretion, and that such data will probably not be exported into the game when it is released commercially.
8.) Severability Clause
If any provision of this Agreement is wholly or partially invalid or unenforceable, that provision will be amended as least as far as necessary to make it valid and enforceable. The validity and enforceability of the remaining provisions of this Agreement will not be affected.
This Agreement is the complete and entire understanding between the parties with respect to its subject matter and shall remain in full force and effect in relation to each part of Confidential Information until such Confidential Information ceases to be confidential.
This Agreement may be amended by 2TA at any time at its sole discretion. You agree to check regularly for new information and terms that govern your participation in the Beta Program. If revisions of conditions that affect existing elements of the Beta Program come into effect they will be made available by 2TA. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and agreements between the parties.
This Agreement shall be governed by and construed in accordance with the laws of Germany. Both parties hereby submit to the non-exclusive jurisdiction of the courts of Germany. The English language version of this Agreement is the original.
To participate in the Beta Test for ANSTOSS 2022 (closed beta), you must read and accept the terms of the following Beta Test Agreement. Therefore, please read the agreement carefully. These Terms of Use are an agreement between you and 2tainment GmbH (2TA). This agreement describes the terms and conditions on which 2TA gives you sole access to the Beta Test, so that you can play a pre-release product, which is currently named ANSTOSS 2022.
1.) Conditions of Participation
Do not install or use the game if you do not agree to the terms of this agreement.
You represent and guarantee that you are eighteen (18) years of age or older and that you are not a manager, employee, representative, provider, independent contractor, executive or managing director of a developer or publisher of video and/or computer games. IF YOU ARE UNDER 18 YEARS OLD, YOU ARE NOT ALLOWED TO PARTICIPATE IN THE BETA TEST PROGRAM WITHOUT THE PERMISSION OF YOUR GUARDIAN.
You declare, that your participation in the Beta Test is entirely voluntary (and for your personal use only). You agree that your participation in the Beta Test is not an employment contract or an offer of such a contract between you and 2TA. Furthermore, you declare that 2TA expects you to participate in the Beta Test only in your spare time. You agree, that with your participation in the Beta Test you are not entitled to ownership claims, rights to the game and will not receive any further (explicit or implicit) compensation.
2.) Duration of the Agreement
The Beta Test starts with the installation, copying, downloading, accessing or otherwise use of the Beta Materials, and ends with the end of the Beta Test (as stipulated in the confirmation e-mail), unless it is otherwise extended or terminated at the sole discretion of 2TA. Some clauses in this Agreement take effect after the expiration of the Agreement. 2TA may terminate your participation in the Beta Test (in writing or through e-mail message) at its sole discretion for any reason and at any time during the beta test program without providing any compensation for you.
You agree that 2TA is not providing any hardware or software, beside the game software of ANSTOSS 2022 in the Beta Materials, for the Beta Test or for the connection to the servers of 2TA. You are free to terminate your activity as a volunteer tester of the game at any time and for any or no reason in writing or by e-mail message.
3.) Licence
You are granted a revocable, limited right to install the Beta Materials on a single computer for the sole purpose to evaluate the title (as permitted in clause 4.)
You are not allowed to use, copy, modify, sell, rent, lease, distribute, transmit, disclose any part of the Beta Materials (if this is not provided in this agreement.)
2TA reserves all other rights.
You are not allowed
- to sub-license, to transfer, to distribute the Beta Materials or to authorize their use,
- to decompile or to disassemble the Beta Materials or to undergo reverse engineering,
- to share your Beta Test account with a third party.
This Agreement is personal to you and you may not assign, transfer, sub-license, deal with, charge, or delegate any of your rights or obligations under this agreement.
At the end of the Beta Test or your participation in it, all license rights granted herein are suspended immediately.
4.) Obligations of the participant
With the participation in the beta program it is expected that you suggest changes, improvements and additions to the game, as well as provide an analysis of the game and its features (collectively “Feedback”):
- to test, evaluate and analyze the game as requested by 2TA (amongst others function,
features, performance, balancing, hardware compatibility),
- to provide feedback, analysis, suggestions and comments; especially bug reports and test results.
It is understood that it is your responsibility as part of your participation in the beta program, to report all known bugs, abuse of bugs, undocumented features or other errors and problems associated with the game and the beta software ("bugs"), once they are found.
You acknowledge that the feedback on the experience of users is the purpose of the agreement of the Beta Program and Beta Materials which in turn will improve the Beta Program, and the Beta Materials. You agree that we may contact you by e-mail or other means to obtain your feedback regarding your experience with the Beta Program and the Beta Materials; as well as other transaction-related matters regarding your obligations under this Beta Agreement and your participation in the Beta Program. You hereby declare and warrant that you are authorized to enter into this agreement and to assign the rights stated in. You declare and warrant that the feedback is created by you and does not contravene any intellectual property rights of third parties.
Any feedback in any form, in particular e-mail, text messages in forums and / or orally delivered, is to the sole and exclusive ownership of 2TA and/or its licensors. You hereby transfer all your rights and interest in the feedback as well as all related intellectual property rights to 2TA. You agree that 2TA and/or its licensors have an unrestricted and irrevocable right to your feedback or consequential derivative works in any (yet unknown) way without any compensation (remuneration) to your benefit.
It is understood that you need to return any and all copies of the game and the Beta Software that was supplied to you for testing, in any format at the request of 2TA. The return of the material does not affect your obligation to treat the Confidential Information disclosed to you as strictly confidential.
5.) Confidentiality Undertaking / Non-disclosure clauses
In the course of performing the Permitted Purpose, 2TA has agreed to disclose to you certain valuable confidential information, including code, screenshots, render images, artwork, text, plot and other assets or narrative from the Game and information about the Game, including its features, functionality, levels, gameplay, characters, environments, development, release dates and other information about the Game which you learn as a result of this agreement and performing the Permitted Purpose, (which are all together “Confidential Information”) (except as otherwise set out in this agreement). To avoid misunderstanding, please note that “Confidential Information” includes the existence and terms of this agreement, the Game and the Permitted Purpose (which includes your feedback, any other participant feedback in the beta program, and the feedback and comments by any 2TA employee) and any information in relation to proposed or future games, services or business processes of 2TA.
5.1. In consideration of the disclosure of Confidential Information to you by 2TA for the Permitted Purpose only, you hereby agree and undertake as follows, that you comply with the following restrictions:
a. not to use the Confidential Information for any purpose other than in respect of the Permitted Purpose which are strictly subject to the Restrictions set out in the agreement;
b. not to disclose or discuss or reveal the existence of the Confidential Information to any person, firm or company nor exploit the Confidential Information except to the extent permitted herein;
c. to keep the Confidential Information undisclosed;
d. to ensure that the Confidential Information is protected with no less than the same degree of care and security measures which you would apply to your own confidential information, trade secrets and sources, but in no event applying less than a high standard of care. To the extent any FTP or other passwords are made available to access any Confidential Information you shall treat such passwords and FTP addresses as Confidential Information;
e. not directly or indirectly disclose any Confidential Information (in whole or in part) to any person (or allow it to be disclosed) or make copies of it;
f. that any Information about the Game referring to the Confidential Information shall not, under any circumstances, be disclosed, whether in whole or part, or otherwise made available to the public;
g. that, if you play the Game (or part of it), this is to be considered Confidential Information and that playing the Game (or part of it) and any contents you see or hear during such playing of the Game are Confidential Information and shall not be disclosed or discussed or revealed, whether in any article, publication, or otherwise under any circumstances whatsoever;
h. that the Confidential Information shall not be disclosed, published, distributed, transmitted, referred to, reported, or otherwise communicated directly or indirectly to anyone not permitted under this Agreement, (and therefore, for avoidance of doubt, shall not appear on the internet) at any time. For clarity: there is a complete communications, media and disclosure “black-out”;
i. that no Confidential Information will appear in any media. Other media includes, without limitation, social networking sites such as Facebook, Twitter, Linkedin, Tumblr, YouTube, etc, and no Confidential Information shall be shared with any publications or websites;
j. that no recording in any form, whether as photographs or video or audio footage shall be taken or recorded by you while you may be playing the Game or during any demonstration, and that you shall not make any other copies in any format of Confidential Information which may be made available to you.
5.2. Upon you becoming aware that Confidential Information has been disclosed in breach of the terms of this Agreement, you shall immediately inform 2TA of the full circumstances of any such disclosure and the information which has been disclosed and cooperate with all requests of 2TA to try to reduce and minimize the damage caused by such disclosure.
5.3. You shall on 2TA’s request destroy, delete or return any copies of Confidential Information which may have been provided or made available to you.
5.4. Notwithstanding the provisions of this Agreement, Confidential Information shall not include any information which:
a. is in the public domain at the time of disclosure;
b. is required to be disclosed by any applicable law, government or regulatory body;
c. is agreed in writing by 2TA not to be confidential.
You need to do your utmost to secure confidential information and to prevent unauthorized use or disclosure thereof. Your obligation to maintain the confidentiality of the Beta materials continues until 2TA make all the game items or the entire game and the content you are testing, available publicly or publicly distributes the game.
6.) Property Rights
The game software is proprietary to, and a valuable TRADE SECRET of, 2TA. It is entrusted to you only for the purpose set forth in this Agreement. You shall maintain Software in the strictest confidence. Except for the herein granted revocable, limited license 2TA reserves all rights, title and interest (including all intellectual property and proprietary rights) in and to the Confidential Information / Beta Materials (including all goodwill therein) and including any part thereof, shall as between the parties be and remain the sole and exclusive property of 2TA and no rights, title, interest or licenses to the Confidential Information is granted to you by this Agreement 2TA makes no express or implied warranty or representation concerning its Confidential Information, or the accuracy or completeness of the Confidential Information. All title and interest in and to any physical and digital materials embodying the Confidential Information, including any pre-release code version of the Game and any media onto which the same may be recorded which may be sent to you for the Permitted Purpose, remain the sole and exclusive property of 2TA subject only to the limited license for using such material for the Permitted Purpose on and subject to the provisions of this agreement.
You acknowledge that 2TA and / or its licensors own all intellectual property rights in the beta materials, in particular all patent rights, copyrights, inventions, trade secrets, presentation, trademarks and intellectual property rights therein. You are not allowed to remove the copyright notice and other proprietary notices from the beta materials. You agree that this agreement will be stored with all printed and electronic copies of the beta materials and documentation that form the beta materials. You agree to prevent any unauthorized copy of the beta materials.
YOU HEREBY AGREE THAT DAMAGES MAY NOT BE AN ADEQUATE REMEDY FOR BREACH OF THIS AGREEMENT AND THAT 2TA MAY BE ENTITLED TO EQUITABLE RELIEF, INCLUDING INJUNCTION AND SPECIFIC PERFORMANCE IN THE EVENT OF ANY BREACH OR THREATENED BREACH OF THE PROVISIONS OF THIS AGREEMENT BY YOU AND THAT YOU SHALL NOT OPPOSE THE GRANTING OF SUCH RELIEF. FURTHER YOU AGREE TO INDEMNIFY AND KEEP FULLY INDEMNIFIED 2TA AT ALL TIMES AGAINST ALL AND ANY COSTS, CLAIM, DAMAGES, LOSSES OR LIABILITIES ARISING DIRECTLY OR INDIRECTLY (INCLUDING ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, LOSS OF PROFIT, LOSS OF REPUTATION AND LOSS OF OPPORTUNITY) OUT OF ANY BREACH BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT.
In the event that you breach any of the terms of this Agreement or the Code of Conduct of the beta program, 2TA may cancel your access to the beta program and take the available remedies.
YOU ACKNOWLEDGE THAT THE GAME AND ALL BETA SOFTWARE PRODUCTS ARE PRE-RELEASE. YOU ACKNOWLEDGE THE GAME AND THE BETA SOFTWARE MAY CONTAIN ERRORS OR DEFECTS, AND ANY PRODUCTS ARE NOT FINAL. THE GAME AND THE BETA SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
2TA SHALL NOT BE LIABLE TO YOU OR ANYONE FOR INDIRECT, SPECIAL, INCIDENTAL DAMAGES, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR ANY COMPLAINT ARISING IN CONNECTION WITH THIS AGREEMENT, THE GAME UNDER THIS AGREEMENT OR ANY OTHER MATERIALS PROVIDED WITH THE BETA MATERIALS.
7.) Support
2TA provides no support for the game and the Beta Software.
However, 2TA may set up an email address and / or a private forum for you, where questions and / or comments regarding the Beta Materials can be sent. 2TA makes no representations or warranties regarding the correctness of any response to your email(s) or posts, statements or advice from other members made in the forum.
You acknowledge that the game and Beta Software will run in a test environment, that game characters, character data, or any other value or status indicators that you achieve through game play in the beta program can be delete or changed by 2TA at any time in its sole discretion, and that such data will probably not be exported into the game when it is released commercially.
8.) Severability Clause
If any provision of this Agreement is wholly or partially invalid or unenforceable, that provision will be amended as least as far as necessary to make it valid and enforceable. The validity and enforceability of the remaining provisions of this Agreement will not be affected.
This Agreement is the complete and entire understanding between the parties with respect to its subject matter and shall remain in full force and effect in relation to each part of Confidential Information until such Confidential Information ceases to be confidential.
This Agreement may be amended by 2TA at any time at its sole discretion. You agree to check regularly for new information and terms that govern your participation in the Beta Program. If revisions of conditions that affect existing elements of the Beta Program come into effect they will be made available by 2TA. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and agreements between the parties.
This Agreement shall be governed by and construed in accordance with the laws of Germany. Both parties hereby submit to the non-exclusive jurisdiction of the courts of Germany. The English language version of this Agreement is the original.