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[size=18]Beta Tester Non-Disclosure Agreement[/size]
[size=14]Fall of an Empire[/size]
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Parties
This Beta Tester Non-Disclosure Agreement (Agreement) is entered into by and between Joe Gibbs, trading as JG Games, with a principal place of business in Melbourne, Victoria, Australia (Developer), and the undersigned beta tester (Tester).
Purpose
Developer is providing Tester with access to pre-release versions of the video game Fall of an Empire (Game) solely so that Tester can evaluate gameplay and provide feedback. The parties wish to ensure that non-public materials are protected.
Definitions
License for Testing
Developer grants Tester a limited, non-transferable, revocable license to install, access, and play the Game solely for internal testing and feedback. Tester may create personal backup copies necessary for that purpose but may not otherwise copy, distribute, sell, sublicense, loan, or transfer the Game or any portion thereof.
Confidentiality Obligations
Tester shall:
Permitted Public Sharing
Tester may post screenshots or video recordings derived from their own gameplay, provided such content does not provide third parties with access to Game files or non-public distribution links and does not reveal information that Developer has expressly marked as confidential in writing.
Term and Termination
This Agreement begins on the Effective Date (the date of Tester's signature) and will remain in effect until all Confidential Information becomes public through an authorized release by Developer. Developer may terminate Tester's participation at any time upon notice. Sections concerning confidentiality, license restrictions, remedies, and governing law survive termination.
Return or Destruction
Upon Developer's request or upon termination of this Agreement, Tester will promptly delete or return all Confidential Information (including backups) and, if requested, certify in writing that such materials have been deleted or returned.
Remedies
Tester acknowledges that unauthorized disclosure or distribution of the Game may cause irreparable harm to Developer, for which monetary damages may be inadequate, and agrees that Developer will be entitled to seek injunctive or equitable relief without the need to post bond, in addition to any other remedies available at law or in equity.
Governing Law
This Agreement is governed by the laws of the State of Victoria, Australia, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts located in Victoria for any dispute arising out of or relating to this Agreement.
Entire Agreement
This Agreement constitutes the entire understanding between the parties concerning the subject matter and supersedes any prior agreements or discussions. No amendment or waiver is effective unless in writing and signed by both parties. If any provision is held unenforceable, the remaining provisions will continue in full force.
[size=18]Beta Tester Non-Disclosure Agreement[/size]
[size=14]Fall of an Empire[/size]
[/center]
Parties
This Beta Tester Non-Disclosure Agreement (Agreement) is entered into by and between Joe Gibbs, trading as JG Games, with a principal place of business in Melbourne, Victoria, Australia (Developer), and the undersigned beta tester (Tester).
Purpose
Developer is providing Tester with access to pre-release versions of the video game Fall of an Empire (Game) solely so that Tester can evaluate gameplay and provide feedback. The parties wish to ensure that non-public materials are protected.
Definitions
- Confidential Information means any non-public information disclosed by Developer to Tester in connection with the beta, including builds, executables, assets, tools, source files, documentation, feedback logs, distribution links, and communications. Confidential Information includes information that Developer identifies as confidential at the time of disclosure.
- Confidential Information excludes information that (a) is or becomes public through no breach of this Agreement; (b) was already known to Tester without obligation of confidentiality; (c) is independently developed without reference to the Confidential Information; or (d) is rightfully received from a third party without restriction. Screenshots or videos captured by Tester during normal gameplay may be shared publicly, provided they do not contain Game files, download links, build access credentials, or other materials that would allow third parties to obtain the Game.
License for Testing
Developer grants Tester a limited, non-transferable, revocable license to install, access, and play the Game solely for internal testing and feedback. Tester may create personal backup copies necessary for that purpose but may not otherwise copy, distribute, sell, sublicense, loan, or transfer the Game or any portion thereof.
Confidentiality Obligations
Tester shall:
- Use the Confidential Information only to evaluate the Game and provide feedback to Developer.
- Take reasonable measures to safeguard Confidential Information, including protecting download links, build files, and access credentials from public disclosure.
- Not share, upload, sell, lease, or otherwise distribute any Game files, archives, executables, source assets, or tools.
- Not knowingly enable any third party to obtain the Game outside of Developer-approved channels, including after commercial release.
- Promptly notify Developer of any suspected or actual unauthorized disclosure, loss, or misuse of Confidential Information.
Permitted Public Sharing
Tester may post screenshots or video recordings derived from their own gameplay, provided such content does not provide third parties with access to Game files or non-public distribution links and does not reveal information that Developer has expressly marked as confidential in writing.
Term and Termination
This Agreement begins on the Effective Date (the date of Tester's signature) and will remain in effect until all Confidential Information becomes public through an authorized release by Developer. Developer may terminate Tester's participation at any time upon notice. Sections concerning confidentiality, license restrictions, remedies, and governing law survive termination.
Return or Destruction
Upon Developer's request or upon termination of this Agreement, Tester will promptly delete or return all Confidential Information (including backups) and, if requested, certify in writing that such materials have been deleted or returned.
Remedies
Tester acknowledges that unauthorized disclosure or distribution of the Game may cause irreparable harm to Developer, for which monetary damages may be inadequate, and agrees that Developer will be entitled to seek injunctive or equitable relief without the need to post bond, in addition to any other remedies available at law or in equity.
Governing Law
This Agreement is governed by the laws of the State of Victoria, Australia, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts located in Victoria for any dispute arising out of or relating to this Agreement.
Entire Agreement
This Agreement constitutes the entire understanding between the parties concerning the subject matter and supersedes any prior agreements or discussions. No amendment or waiver is effective unless in writing and signed by both parties. If any provision is held unenforceable, the remaining provisions will continue in full force.