Non-Disclosure Agreement for Closed Alpha
This is an agreement between COFA Games (Vuka Karadžića 7a, 11000 Belgrade, Serbia) and you, the tester, to which you agree upon launching this game and participating in the closed testing phase.
COFA Games and the player shall sometimes hereafter be referred to individually as the “Party”, and collectively as the “Parties”, and the parties agree as follows:
1. You are a participant in closed-access testing for COFA Games’ Awakening of Heroes and Awakening of Towers games.
2. You agree to keep confidential and not to communicate without express permission from an authorized representative of COFA Games and to use only for the benefit of COFA Games and for no other purpose during or after your arrangement with COFA Games any and all information learned or obtained by The tester that is not public information and relates to:
a) Products Awakening of Heroes and Awakening of Towers, as well as any other goods, products, processes, or services that COFA Games, its subsidiaries, or affiliates, have developed or acquired, are in the process of developing or acquiring, or shall develop or acquire in the future, including but not limited to software, code, graphics, artworks, gameplay details and strategies, characters, characterizations, private forum contents, promotional materials, non-public contact information of staff members, gameplay screenshots and videos, marketing plans and your participation in the closed-access test.
b) The business plans or strategies of COFA Games, its subsidiaries, or affiliates, including, but not limited to, product plans, marketing plans, financial plans, and all researched and development plans, including all data produced by such efforts.
c) The business plans of current or potential COFA Games customers including, but not limited to, product plans, marketing plans, financial or purchase plans, and all research and development plans, including all data produced by such efforts, such information being acquired in the course of performing the duties of a The tester of COFA Games.
3. You acknowledge and agree that any and all of the information described in paragraph 1 above:
a) Is STRICTLY CONFIDENTIAL and PROPRIETARY TO COFA Games, its subsidiaries, affiliates, customers, vendors, or other entities doing business with COFA Games, its subsidiaries, or affiliates; and
b) Constitutes a TRADE SECRET, as that term is defined under law.
4. You agree that any and all computer programs, documentation, inventions, products, processes, or related materials (collectively “Inventions”) pertaining or applicable to the past, present, or future business of COFA Games, its subsidiaries, or affiliates that you develop at any time during your association with COFA Games, its subsidiary, or affiliate(s) shall be the sole and exclusive property of COFA Games, its subsidiaries, or affiliates. You further agree that with regard to such Inventions:
a) You will promptly and fully communicate to COFA Games, its subsidiaries, or affiliates all such inventions that are conceived by the you during the period of affiliation, result from suggestions by you made on behalf of COFA Games, its subsidiaries, or affiliates, or are developed, tested, or improved using resources of COFA Games and relate to the business, work, products, or other developments of COFA Games, its subsidiaries, or affiliates.
b) You will fully assist, at the expense of COFA Games, its subsidiaries, or affiliates, in the preparation and filling of patent or copyright applications or related documentation in any and all countries chosen by COFA Games, its subsidiaries, or affiliates and will assign all rights, title, and interest in and to such Inventions to COFA Games, its subsidiary, or affiliate.
5. You agree to make this Non Disclosure Agreement known to any and all prospective future contractors, employees, agents, or consultants and to secure the agreement of such contractors, employers, agents, or consultants to abide by the terms of this Non Disclosure Agreement. You may not give your access to the game and forum away to anyone else.
6. You agree that the terms of this Non Disclosure Agreement are continuing in nature and shall be enforceable against the tester after the tester’s and COFA Games’ mutual separation, for any reason, or affiliation with COFA Games, its subsidiary, or affiliate.
COFA Games shall reserve the right to claim damages in case of culpable breach of these points or other duties of care.
COFA Games shall accept this offer of a contractual penalty. COFA Games reserves the right to immediately terminate all privileges granted to you regarding your testing participation in case of a breach of this agreement, including but not limited to forum access and the ability to download and play the closed-access and/or subsequent versions of the game.
7. Neither Party acquires any intellectual property rights, including patents, designs, trademarks, copyright or trade-secrets, under this Agreement.
8. This Agreement does not create any agency or partnership relationship between the Parties and shall not constitute or imply any promise to make any purchase of products or services by either Party or its affiliated companies.
9. All additions or modifications to this Agreement must be made in writing and must be signed by both parties.
10. Serbian Low applies to this agreement. The exclusive place of jurisdiction for any possible disputes arising out of this agreement is agreed to be the court that has competence for COFA Games. However, COFA Games reserves the right to take you to court at its own discretion, at the court place which according to the law has jurisdiction for you in the matter in question.