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Vector 2 - Closed Beta Test NDA
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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.

10. General Provisions

(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