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This agreement is made between the below acknowledged voluntary tester (“Tester”)
and Aventurine S.A., presently located at 296 Kifisias Av., Chalandri 15232, Athens,
Greece (“Aventurine”).
C. Aventurine desires to have input from Tester based on the participation of Tester
in the Darkfall Beta test; and,
1. Confidential Information.
2.1 Tester agrees not to use such Confidential Information, or any discussions
concerning such Confidential Information, disclosed to it by Aventurine for
its own use or for any purpose except to provide requested testing
services to Aventurine regarding Darkfall. Tester will not disclose or leak
any Confidential Information of Aventurine, the content of any discussions
concerning such Confidential Information or the fact of such discussions,
to third parties or to the public at large. Tester agrees that it will take all
reasonable measures to protect the secrecy of and avoid disclosure or use
of Confidential Information of Aventurine in order to prevent it from falling
into public domain. The Tester agrees to notify Aventurine in writing of
any misuse of misappropriation of Confidential Information of Aventurine
which may come to Tester's attention.
Tester agrees that during the period of the Beta Test he/she
will refrain from the following:
• Tester will not reveal the fact that he/she is participating in the Beta test of
Darkfall;
• Tester will not make any statement or post any message in any public
forum or email list related to Darkfall or the Beta Test;
• Tester will not allow any third party to observe or view them playing
Darkfall during the Beta test;
• Tester will not take or display any screen shots of Darkfall during the Beta
test unless requested to do so by Aventurine;
• Tester will not make or display any videos of Darkfall during the Beta test
unless requested to do so by Aventurine; and
• Tester will not discuss the fact or the content of the Beta test or Tester’s
opinion or perceptions of Darkfall with any unauthorized third parties:
3.1 Within five (5) days of a request from Aventurine, any materials or
documents which have been furnished to the Tester in conjunction with the
Beta test will be promptly returned, accompanied by all copies of such
documentation, to Aventurine and Tester will destroy any and all digital
versions of Darkfall and any images, videos and other data of any kind
related to the Darkfall Beta test.
4.1 Nothing in this Agreement grants any rights to Tester under patent or
copyright, nor does this Agreement grant Tester any rights in or to
Aventurine's Confidential Information, except the limited rights to review
such Confidential Information and to provide voluntary testing of the
Darkfall for Aventurine as set out in this Agreement.
5. Term.
5.1 The foregoing commitments of the parties will survive any termination of
the Beta test and will continue for a period of five (5) years following the
date of this Agreement.
6.1 This Agreement will be binding upon and for the benefit of Aventurine, its
publisher Audiovisual Enterprises SA, their successors and assigns.
Failure to enforce any provision of this Agreement will not constitute a
waiver of any term hereof. Tester understands and agrees that
Confidential Information is secret and proprietary and of great value to
Aventurine. Tester further understands and agrees that the relationship
with Aventurine is of a confidential nature and imposes an affirmative
obligation upon the Tester to protect, foster and respect the confidentiality
of Confidential Information.
7. Governing Law.
7.1 This Agreement will be governed by and construed in accordance with the
laws of Greece and will be binding upon the parties hereto worldwide.
Tester hereby agrees to the jurisdiction of the appropriate judicial tribunal
in Athens. Tester hereby agrees to the resolution of any and all disputes
arising under this Agreement, or actions to enforce the terms of the
Agreement, in the exclusive jurisdiction of Athens Courts and waives any
objection to such venue or exclusive jurisdiction.
8. Remedies.
8.1 Tester agrees that the obligations of the Tester set out in this Agreement
are necessary and reasonable in order to protect Aventurine and its
business, and expressly agree that monetary damages would be
inadequate to compensate Aventurine for any breach by the Tester of it
covenants and agreements set forth herein. Accordingly, the Tester
agrees and acknowledges that any such violation or threatened violation
will cause irreparable injury to Aventurine and that, in addition to any other
remedies that may be available in law, equity or otherwise, Aventurine will
be entitled to obtain injunctive relief against the threatened breach of the
Agreement or the continuation of any such breach by the Tester, without
the necessity of a bond or proving actual damages.
9.0 Severability.
10.1 The headings in this Agreement are for the sole purpose of convenience of
reference and do not in any way limit or affect the meaning or
interpretation of any of the terms or provisions of this Agreement. This
Agreement is not effective until signed by both parties and constitutes the
entire agreement between the parties with respect to the subject matter
hereof and merges all prior and contemporaneous communications,
whether electronic, oral or written, between the parties with respect to
such subject matter. This Agreement may be executed in counter parts
and facsimile or scanned signatures will be treated as originals for all
purposes.
AVENTURINE SA TESTER
Name: _______________________
email: ________________________
Address: ______________________
______________________________
______________________________
Country: ______________________
By: Spiros Iordanis ______________________________
Forum Name: _________________
Date: 9/27/2008