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NON-DISCLOSURE AGREEMENT
Please read carefully and follow all instructions. Your contract will be reviewed and, once approved, you will be given access to the appropriate forums.
OZYSOFT Games [Publisher] and Tester as entered below [Tester] agree that Tester will participate in the OZYSOFT Games Alpha Test Team under the terms of this Alpha Test Agreement [Agreement]. As used in this Agreement, the term Game refers to all games tested while on the Alpha Test Team and its user manual and all other documentation.
1. Term: This Agreement shall be effective as of the date that it is accepted by both parties and shall continue for a specified period.
2. Testing and Reporting: Tester agrees to report to Publisher any flaws he or she discovers in the game, up until the date of the first commercial sale of the Game. Tester understands that prompt and accurate reports are of great value to Publisher and promises best efforts to provide such reports.
3. Confidential Information: Tester acknowledges that as a participant in the Game's Alpha test, Tester will be given confidential trade secret information. Specifically, Tester agrees that the characteristics, performance, and potential shipment date of the Game, the Game itself (including all software, images, screenshots, and any documentation) and this Agreement are all Confidential Information and constitute trade secrets of the Publisher.
Tester acknowledges that disclosure of Confidential Information could cause serious harm to Publisher and, as an essential term and condition of participating in the test, agrees not to disclose Confidentail Information to any person or organization. During the Non-Disclosure Period, Tester agrees not to dissiminate, publish, or otherwise communicate any review, account, description or other information concerning the Game, except directly to Publisher or with express prior written consent of Publisher.
Tester further agrees not to copy, decompile, or reverse engineer the Game at any time during or after the Alpha test.
4. Ownership: Tester acknowledges having no ownership of the Game, its copyright, its trademark, nor any other intellectual property rights in the Game from this Agreement. Tester further acknowledges that no such ownership will be acquired through this Agreement.
Tester agrees that the contents of all oral, written, electronic reports to Publisher, and any other materials, information or ideas, concepts, and know-how provided by Tester (including corrections to problems in the Game and documentation) become property of Publisher and may be used by Publisher for all business purposes, without any accounting or any payment to Tester. Under no circumstances will Publisher become liable for any payment to Tester for any information that Tester provides, whether concerning the Game or otherwise, no matter how such information is used by Publisher or anyone else.
5. Risks: Tester understands that the Game may have errors and produce unexpected results. Tester agrees that any use of the Game, whether as part of this Alpha test or otherwise, will be entirely at Tester's own risk. Tester agrees to backup data and take any other appropriate measures to protect programs and data.
THE GAME IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. PUBLISHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PUBLISHER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL OR COINSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF PUBLISHER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY TESTER OR FOR ANY THIRD PARTY CLAIM.
Please read carefully and follow all instructions. Your contract will be reviewed and, once approved, you will be given access to the appropriate forums.
OZYSOFT Games [Publisher] and Tester as entered below [Tester] agree that Tester will participate in the OZYSOFT Games Alpha Test Team under the terms of this Alpha Test Agreement [Agreement]. As used in this Agreement, the term Game refers to all games tested while on the Alpha Test Team and its user manual and all other documentation.
1. Term: This Agreement shall be effective as of the date that it is accepted by both parties and shall continue for a specified period.
2. Testing and Reporting: Tester agrees to report to Publisher any flaws he or she discovers in the game, up until the date of the first commercial sale of the Game. Tester understands that prompt and accurate reports are of great value to Publisher and promises best efforts to provide such reports.
3. Confidential Information: Tester acknowledges that as a participant in the Game's Alpha test, Tester will be given confidential trade secret information. Specifically, Tester agrees that the characteristics, performance, and potential shipment date of the Game, the Game itself (including all software, images, screenshots, and any documentation) and this Agreement are all Confidential Information and constitute trade secrets of the Publisher.
Tester acknowledges that disclosure of Confidential Information could cause serious harm to Publisher and, as an essential term and condition of participating in the test, agrees not to disclose Confidentail Information to any person or organization. During the Non-Disclosure Period, Tester agrees not to dissiminate, publish, or otherwise communicate any review, account, description or other information concerning the Game, except directly to Publisher or with express prior written consent of Publisher.
Tester further agrees not to copy, decompile, or reverse engineer the Game at any time during or after the Alpha test.
4. Ownership: Tester acknowledges having no ownership of the Game, its copyright, its trademark, nor any other intellectual property rights in the Game from this Agreement. Tester further acknowledges that no such ownership will be acquired through this Agreement.
Tester agrees that the contents of all oral, written, electronic reports to Publisher, and any other materials, information or ideas, concepts, and know-how provided by Tester (including corrections to problems in the Game and documentation) become property of Publisher and may be used by Publisher for all business purposes, without any accounting or any payment to Tester. Under no circumstances will Publisher become liable for any payment to Tester for any information that Tester provides, whether concerning the Game or otherwise, no matter how such information is used by Publisher or anyone else.
5. Risks: Tester understands that the Game may have errors and produce unexpected results. Tester agrees that any use of the Game, whether as part of this Alpha test or otherwise, will be entirely at Tester's own risk. Tester agrees to backup data and take any other appropriate measures to protect programs and data.
THE GAME IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. PUBLISHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PUBLISHER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL OR COINSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF PUBLISHER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY TESTER OR FOR ANY THIRD PARTY CLAIM.