TESTING AGREEMENT
Confidential Pre-Release Testing Agreement
These Terms apply to any confidential testing of pre-release application Roshambo: Clash of Rock-Paper-Scissors (including alpha and beta testing) operated by Wittywala Interactive Design Private Limited (a.k.a. Wala Interactive) of G – 93, Upperground floor, G Block, Saket, New Delhi -110017 ("Testing"). Your participation in any Testing and use of the pre-release application is subject to these Terms which form a binding agreement between you and us.
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The Testing will be conducted in English. The game code, in-game news and updates, and any communication from us will be in English and your feedback must be provided in English.
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You must be over 13 years of age to take part in Testing, and if you are between age 13 and 18, you have obtained consent from your parent/guardian to do so.
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You must keep confidential all information relating to the pre-release application and the Testing. You must not discuss the Testing or pre-release application with anyone except us and other people taking part in the Testing ("Testers"). In particular, you must not discuss the Testing or pre-release application with anyone associated with a competing videogame format or publisher, a news or information service (whether television, magazine, newspaper or otherwise) or in any online forum or chat room, other than our official Testing forum. Any codes or passwords which give access to pre-release application or Testing forums are personal to you and must not be shared with anyone else.
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You must keep the pre-release application secure. You are licensed to use the pre-release application on a non-exclusive, revocable, non-transferable, limited basis and you must only use it for the Testing. You must not copy the pre-release application, give or sell it to anyone, try to reverse engineer it, nor use it to create derivative works.
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At all times during the Testing you must act lawfully, with respect towards other Testers.
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From time to time during the Testing we may modify the pre-release application and related content and services automatically and without notice. Modifications may cause loss of data or content and loss of function or utility. You hereby authorise us to make all such modifications and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.
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We will use any personal information which you give us when you register, or in the course of the Testing, to operate the Testing and for research and analysis, in particular to improve the pre-release application and our other products and services, and in accordance with the Wala Interactive’s Privacy Policy. You agree that we may contact you in connection with the Testing and to collect your feedback on the pre-release application.
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You agree that your suggestions for improvements, enhancements and other changes to the pre-release application, and our other products and services, and any material which you provide to us during the Testing, will belong to us and may be implemented by us, in whole or in part, without any payment or other compensation to you or anyone else. If your suggestions are not your own original ideas, please do not submit them.
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We reserve the right to suspend or cancel any Testing or your access to any pre-release application at any time in our absolute discretion. If we believe that you are in breach of any of these Terms or any other relevant terms, we may terminate your participation in any Testing and the Testing community.
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To the extent permitted by applicable law, these Terms shall be construed and interpreted in accordance with the laws of India and the contract between you and us shall be deemed to have been formed and performed in India. We may assign our rights and obligations under these Terms to any of our affiliates and sub-contractors without your consent provided that such assignment does not adversely affect your rights under these Terms.