Please note that the following “Non-Disclosure Agreement” (NDA) is a temporary measure
and that it applies only to Vector 2 beta testers during the „closed beta“ test phases of the
game. Fundamentally, testers are allowed to have written discussions about the game
(especially as part of Nekki’s beta test group on Facebook). Restrictions are meant to limit the
circulation of confidential images and videos, as well as unauthorized publications by the
press. Of course, this does not apply to any material that is already in the public domain.
VECTOR 2 BETA TESTER NON-DISCLOSURE AGREEMENT
This is an agreement effective between “Nekki” and the "Tester" (person who gets access to
the beta version of the Vector 2), and for which the Tester agrees to test the Closed Beta
version of the game Vector 2 (in the following called „Software“ or „Game“).
1. Nekki‘s Obligations
Nekki shall provide the Tester with access to the game as well as a game tutorial and any
other pertinent material as currently planned for future public versions of the game.
2. Tester's Obligations
The Tester shall test the Software under normally expected operating conditions in Tester's
environment during the test period. The Tester shall report test data using the mechanisms as
provided by Nekki (e.g.: Bug report forms and forums).
3. Software a Trade Secret
The game „Vector 2“ is proprietary to, and a valuable trade secret of, Nekki. It is entrusted to
Tester only for the purpose set forth in this Agreement. Tester will not, without Nekki's prior
written consent:
(a) Disclose images, videos, sound effects, music or game content to anyone other than Nekki
and other beta testers;
(b) Copy any portion of Software or documentation, except to the extent necessary to perform
beta testing; or
(c) Reverse engineer, decompile or disassemble Software or any portion of it.
4. Security Precautions
Tester shall take reasonable security precautions to prevent Software from being seen by
unauthorized individuals.
5. Term of Agreement
This agreement shall last from the time when tester gets effective access tot he „closed beta“
version of the Software and shall terminate when an „open beta“ or other public version of
Vector 2 becomes available.
6. Disclaimer of Warranty
The Software is a test product and its accuracy and reliability are not guaranteed. The Tester
shall not rely exclusively on Software for any reason. The Tester waives any and all claims the
Tester may have against Nekki arising out of the performance or nonperformance of
Software.
SOFTWARE IS PROVIDED AS IS, AND NEKKI DISCLAIMS ANY AND ALL
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability
Nekki shall not be responsible for any loss or damage to Tester or any third parties caused by
Software. NEKKI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR
TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF SOFTWARE OR
ANY PERFORMANCE OF THIS AGREEMENT.
8. No Rights Granted
This Agreement does not constitute a grant or an intention or commitment to grant any
right, title or interest in Software or Nekki's trade secrets to Tester. Tester may not sell or
transfer any portion of Software to any third party or use Software in any manner to produce,
market or support its own products. Tester shall not identify Software as coming from any
source other than Nekki.
9. No Assignments
This Agreement is personal to the Tester. The Tester shall not assign or otherwise transfer
any rights or obligations under this Agreement.
(a) Relationships: Nothing contained in this Agreement shall be deemed to constitute either
party a partner, joint venture or employee of the other party for any purpose.
(b) Severability: If a court finds any provision of this Agreement invalid or unenforceable, the
remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
(c) Integration: This Agreement expresses the complete understanding of the parties with
respect to the subject matter and supersedes all prior proposals, agreements, representations
and understandings. This Agreement may not be amended except in a writing signed by both
parties.
(d) Waiver: The failure to exercise any right provided in this Agreement shall not be a waiver
of prior or subsequent rights.
(e) Attorney Fees and Expenses: In a dispute arising out of or related to this Agreement, the
prevailing party shall have the right to collect from the other party its reasonable attorney
fees and costs and necessary expenditures.
(f) Governing Law: This Agreement shall be governed in accordance with the laws of the
Russian Federation.
(g) Jurisdiction: The parties consent to the exclusive jurisdiction and venue of the federal and
provincial courts located in Moscow in any action arising out of or relating to this Agreement.
The parties waive any other venue to which either party might be entitled by domicile or
otherwise.
Most recent update: 17.07.2015