WARGAMING GROUP LIMITED, a company incorporated in Cyprus (company number: HE290868) with its registered office at: 105 Agion Omologiton Avenue, Nicosia 1080, Republic of Cyprus, including its Affiliates as defined below (“Wargaming”), and you (“you”, “Tester”) as an individual engaged by Wargaming in testing of one or several video-games, including but not limited to Steel Hunters (collectively, the “Game”).

Wargaming and the Tester are hereinafter jointly referred to as the “Parties”.

“Affiliate” means an individual or entity (i) which directly or indirectly controls, or is controlled by, or is under common control with, or is otherwise connected with or related to Wargaming; and/or (ii) owns or controls fifty percent (50.0%) or more of the outstanding voting securities, capital stock or power of Wargaming; and/or (iii) in which Wargaming owns or controls fifty percent (50.0%) or more of its outstanding voting securities, capital stock or power.

Wargaming will engage you in testing the Game. Such testing may include alpha-, beta-, super-test or any other testing phase irrespective of its name (collectively, the “Test”). This Agreement will apply to all the testing phases that you take part in. During the Test, Wargaming will share with you, or make available to you, certain Confidential Information, which you undertake to keep confidential and not disclose to anyone as set out in this Agreement.

“Confidential Information” shall mean information which relates to Wargaming and/or the Game that Wargaming disclosed or made available to the Tester in oral, visual or written form (including graphic material) in connection with the Test. Confidential Information includes but is not limited to:

• proprietary information, trade secret and know-how; Game prototype, Game client, and logs and files relating thereto; gameplay, game mechanics, and user interface; software code, audio, video, audiovisual works, screenshots, graphics, text, logo, name, plot, setting and characters; manuals and other written materials; business and development plans; hardware and software solutions and their use; existing and currently developed technologies and their use;
  
• task for the Test and testing methods as well as the Tester’s impressions and comments about the Test and the Game;
  
• the terms of this Agreement;
  
• information otherwise reasonably expected to be treated in a confidential manner under the circumstances of disclosure under this Agreement or by the nature of the information itself.

When the Tester receives or gets access to confidential information from Wargaming, the Tester will:

• use it only for the Test according to instructions from Wargaming and not for any other purpose;
  
• hold it in strict confidence and not disclose it to anyone without Wargaming’s prior written permission, including on the Internet, radio or television, at conferences and seminars, in public places or in any other manner which results or may result in disclosure of Confidential Information;
  
• not make video, photo or other recordings of Confidential Information without Wargaming’s prior written permission;
  
• not copy, reduce into writing, or summarize any Confidential Information (unless required for the Test and permitted by Wargaming) and keep all reasonable controls over any copies;
  
• not modify, reproduce, create derivative works from, decompile, reverse engineer, disassemble, hack or otherwise interfere with, any Confidential Information or any part of it.

When requested by Wargaming, the Tester shall promptly:

• deliver all documents, materials and other tangible objects containing the Confidential Information that has been disclosed by Wargaming to the Tester, which for the avoidance of doubt includes all copies or extracts thereof or notes derived therefrom that are in the possession of the Tester;
  
• permanently delete, destroy and erase all electronic copies of the Confidential Information from any computer or data storage system into which the Confidential Information was entered;
  
• make no further use of the Confidential Information.

5.1. Wargaming owns or licenses its Confidential Information and any Intellectual Property Rights in it as well as any ancillary disclosed material, assets or information. Wargaming grants no license or any other type of right, title or interest whatsoever in or to them.

5.2. “Intellectual Property Rights” means: any and all patents, trademarks, service marks, brand names, logos, design rights, database rights, copyright (including rights in computer software and databases), goodwill, get up, trade dress, trade, business or domain names, rights in inventions, know-how, trade secrets and confidential information, moral rights, publicity rights, performance rights, synchronization rights, mechanical rights and other intellectual property rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registerable including all granted applications and all applications for registration in respect of any of the same.

6.1. If the Tester discloses the Confidential Information in violation of this Agreement or otherwise violates this Agreement, the Tester shall compensate Wargaming and its licensors for all losses arising out of or relating to such disclosure or violation.

6.2. The Tester acknowledges that if there is an unauthorized disclosure of Confidential Information, monetary damages may not be adequate to remedy the harm suffered by Wargaming and therefore Wargaming may seek equitable relief (including injunctive relief and/or specific performance) as well as monetary damages against the Tester.

6.3. Besides, Wargaming may ban the Tester from the Test and impose restrictions on his or her use of Wargaming’s games and resources, including block the Tester’s game account. For the avoidance of doubt, violation of clause 3(e) above shall result in a legal action and a lifetime ban from all Wargaming games.

7.1. This Agreement shall come into effect upon its acceptance by the Tester and remain in force for the entire period of his or her participation in the Test.

7.2. For the avoidance of doubt, the Tester agrees that if he or she participates in several stages of the Test, this Agreement will whether they run simultaneously or one after another, with or without breaks between them).

7.3. The confidentiality and non-use restrictions in relation to the Confidential Information received by the Tester during the term of this Agreement shall remain valid indefinitely.

If a court or other body of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be invalid or unenforceable, the other provisions will remain in full force and effect. The Parties agree that they will amend this Agreement to make it valid and enforceable as necessary.

9.1. If you are from Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, or Uzbekistan this Agreement shall be governed by the laws of Russia without regard to its conflicts of laws principles. In such case, any dispute, controversy or claim arising out of or relating to this Agreement, including but not limited to its formation, performance, breach, termination or invalidity, shall be settled by the Moscow Arbitration Court.

9.2. If you are from any other country not mentioned in clause 9.1 above, this Agreement shall be governed by the laws of the Republic of Cyprus without regard to its conflicts of laws principles. In such case, any dispute, controversy or claim arising out of or relating to this Agreement, including but not limited to the formation, performance, breach, termination or invalidity thereof, as well as matters concerning infringement of intellectual property rights, shall be settled by arbitration in accordance with the CEDRAC arbitration rules. The Parties further agree that: (a) the appointing authority shall be the CEDRAC Court; (b) the number of arbitrators shall be one; (c) the place of arbitration shall be Nicosia, Republic of Cyprus; (d) the language to be used in the arbitral proceedings shall be English.

9.3. The Parties agree that Wargaming may disclose the court or arbitration proceedings and their outcome to the public.

The Tester confirms that by ticking a checkbox and/or clicking a button confirming acceptance hereof, he or she fully accepts the terms of this Agreement as if it was signed on paper.