This is an agreement, between Mobile Games Entertainment Ltd. ("MGE") and Beta Tester (”Tester”), in which Tester agrees to test games and keep Mobile Games Entertainment Ltd. aware of the test results.
BETA PARTICIPATION AGREEMENT
Important: Please read this Beta Test Program Participation Agreement (“Participation Agreement”) carefully as it sets out the terms and conditions you must agree to in order to participate in the Private Beta Test Program.
You agree to provide reasonable feedback to MGE, about your experiences testing provided video and mobile games.
Beta Test Materials
MGE shall provide you with all the information (“Beta Test Materials”) required for participation in the Beta Test Program. You may be obligated to return some or all of the Beta Test Materials sent to you, if so, company will supply you with the necessary instructions.
Ownership of Beta Test Materials
You understand that MGE shall own all of the Beta Test Materials, including without limitation all intellectual property rights therein. You shall keep the Beta Test Materials free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Beta Test Materials. You shall keep the Beta Test Materials in your possession, custody and control in your own home. You will be responsible for any loss or damage to the Beta Test Materials.
Confidential Nature of Beta Test Materials
You acknowledge and agree that
- the Beta Test Materials are the confidential information of MGE
- the Beta Test Materials are pre-release materials and not intended for public release;
- disclosure of any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of MGE, will cause significant and irreparable harm to MGE, the extent of which may be difficult to ascertain. Accordingly, you agree MGE shall be entitled to injunctive
Participant’s Warrants and Representations
You warrant and represent that you:
- own your mobile phone and do not share it with anyone else
- own your computer and do not share it with anyone else
- will continue to have access to the Internet through an Internet service provider (“ISP”) for the duration of the test
- will not post any comments or other communications which may be offensive or threatening
- acknowledge and agree that you have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose during your participation in the Beta Test Program or use of any of the Beta Test Materials
- agree that MGE may remove any content created by you for any reason
- will not disclose any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of MGE
- will only use the Beta Test Materials in your home or office and you will not give any public exhibitions or displays using the Beta Test Materials
- will continue to have access to the Internet through an Internet service provider (“ISP”) for the duraagree that if you allow anyone else to use the Beta Test Materials in your home or office you accept responsibility for their acts, including any violations of this agreement which could result in the termination of your accounttion of the test
- will immediately notify MGE if you find or become aware that the Beta Test Materials are in the possession of a third party, and you will use your best efforts to help recover the Beta Test Materials and to prevent any further loss
- will use the content and tools made available to you through the Beta Test Program only for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Private Beta Test Program
- will not misappropriate any of the intellectual property of MGE or any other party as such misappropriation may result in legal prosecution
SERVICES ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, VMS / VM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, VMS / VM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO HOST WEBSITES PROVIDED UNDER THE PRIVATE BETA TEST PROGRAM AT ANY TIME YOU WANT. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM THAT ARE BEYOND THE REASONABLE CONTROL OF VMS / VM. YOU AGREE THAT VMS / VM HAS NO LIABILITY FOR SUCH DISCONTINUANCE.
This Participation Agreement will be effective from the time you subscribed to our test list until terminated. You may terminate this Participation Agreement at any time by returning the materials sent to you and providing MGE written notification of your termination by sending an email to firstname.lastname@example.org. Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Participation Agreement or if you fail to provide reasonable feedback in a timely manner. MGE also reserves the right to terminate your account or the Beta Test Program at any time with or without cause.
Copy of Participation Agreement
Should you have any questions concerning this Participation Agreement please contact Mobile Games Entertainment Ltd., J. Kozarca 7, HR-31207 Tenja, Croatia
If you do not agree to be bound by the terms and conditions of this Agreement, do not continue any further. By submitting an application for a Beta Tester at MGE you are once again representing that:
- you wish to participate in the Beta Test Program
- you have read this entire Participation Agreement
- you specifically agree to be bound by all of the above listed terms and conditions