Beta Test Agreement



  1. Parties:

Parties to this Agreement are HAEMIMONT GAMES AD, seat and address: BIC IZOT, Hi-tech Park, office 409, 7th km, Tzarigradsko chaussee Blvd, Sofia, BULGARIA (“Developer”) and the Beta Test Applicant, approved by the Developer for participation in the Beta Test by receiving a confirmation e-mail from the Developer (“Tester”).


  1. Entering into the Agreement

By accepting applying for the Beta Test, the Beta Test Applicant gives his/her consent to enter this Agreement. The Developer gives its consent to enter this Agreement by sending a confirmation e-mail to the approved Beta Test Applicant. The Agreement comes into effect at the moment of receiving the confirmation e-mail.


  1. Duration of the Agreement

This Agreement is effective until the end of the Beta Test period, as stipulated in the confirmation e-mail. Some clauses in this Agreement have effect after the expiration of the Agreement.


  1. Product and Beta Test (Object and Subject of the Agreement)

The Developer is the owner of a prototype video game product The First Templar (the "Product") which it desires to have tested by the Tester in what is commonly referred to as "Beta Test".


The Product contains valuable, confidential, trade secret information owned by Developer.


The Tester desires to test and evaluate the Product for suitability for its usage.


The Developer agrees to provide to Tester the Product, and Tester accepts the Product, subject to the terms of this Agreement. Tester agrees to test and evaluate the Product as provided herein, to provide feedback to Developer with respect to the usefulness and functionality of Product (“Feedback”), and to terminate the usage of the Product at the conclusion the Beta Test.


  1. Feedback

The Tester will provide Feedback as soon as practical, including any perceived defect in the Product and an evaluation of the Product, including both positive and negative aspects.


  1. Licenses

The Tester will have a limited, non-exclusive, nontransferable license to use the Product up to the end of the Beta Test period, as stipulated in the confirmation e-mail. Because the Product is a "Beta Test" version only and is not error or bug free, the Tester agrees that he/she will use the Product entirely on his/her own risk. The Developer is not liable for any direct or indirect damage, suffered by the Tester from the usage of the product.


The Tester grants to the Developer a non-exclusive worldwide assignable right for commercial usage, copying and reproducing of the Feedback or any part of it. This right is granted only for the purposes of the Beta Test.


  1. Non Disclosure Clauses:


    1. binding the Tester

The Tester acknowledges and agrees that in providing the Product, Developer may disclose to Tester certain confidential, proprietary trade secret information of Developer (the "Confidential Information"). Confidential Information may include, but is not limited to, the Product, computer programs, manuals, development tools, design documents. The Tester will not disclose any Confidential Information or any part of it to any third party, which is known to the Tester due to his/her participation in the Beta Test.


The Tester declares that he/she is not affiliated in any way to the game industry or the press related to the game industry. The Tester acknowledges that if this declaration is not true, the Tester will cease his/her participation in the Beta Test immediately.


The Tester will not provide any information about the Product obtained through participation in the Beta Test to any third party, for any press announcements, reviews, interviews, articles or the like.


The Tester shall not duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the Product or any part of it.


This Clause will be in force and will have legal effects during the validity of the Agreement and after its termination.


    1. binding the Developer

The Developer will not disclose to any third party the Personal Information provided by the Beta Test Applicant, including name(s), e-mail address, year of birth and Country of residence (“Personal Information”). This Clause will be in force and will have legal effects during the validity of the Agreement and after its termination.


  1. Developer’s Warranties and Limitations of Liability.

The Developer represents and warrants that it has the requisite right and legal authority to grant the license and provide the Product and the Confidential Information as contemplated by this Agreement. THE DEVELOPER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT OR ANY OTHER CONFIDENTIAL INFORMATION AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


  1. No Assignment

The Tester cannot assign this Agreement without the prior written consent of Developer.


  1. Final Agreement

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.


  1. Governing Law

This Agreement is to be governed by, construed and enforced according to the applicable legislation of the Republic of Bulgaria.


  1. Arbitration

The parties agree that they will use their best efforts to amicably resolve any dispute arising out of or relating to this Agreement. All disputes arising out of this contract or related to its violation, termination or nullity that cannot be resolved amicably shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or more arbitrators appointed in accordance with these Rules.