This is a legal agreement between you (“You”) and Fingersoft Oy, a company organized and existing under Finnish law (Business ID 2506444-9), relating to Fingersoft’s games’ (“Games”) beta tests organized by Fingersoft. Your acceptance to this agreement is an unconditional requirement for Your participation in the Games’ beta tests. This agreement is in addition to Fingersoft’s End-User License Agreement and precedes any conflicting terms set therein regarding your use of the Games. For clarity, all information relating to the Games shall be considered to be confidential, unless explicitly stated otherwise by Fingersoft or the terms set in this Agreement.
- Definition of confidential information. In this Agreement the term “Confidential Information” shall refer to any and all information relating or arising from the Games’ beta test in any form, including but not limited to, idea, gameplay, drawings, graphics, effects, audio, video, monetization, research, software, services, development, projects, designs, products, Games’ content generated by You, inventions, processes, data, documents and materials. Any confidentiality obligation shall not apply to information which:
- is in the public domain at the time of disclosure to You by Fingersoft;
- becomes to the public domain after the time of disclosure by Fingersoft to You through no fault attributable to You;
- is independently developed by You without any reference to the Confidential Information;
- is in Your possession rightfully from a third party and not disclosed breaching any confidentiality obligation of such third party; or
- is disclosed to You in accordance with laws, regulations or orders of any governmental authorities.
- Confidentiality obligation. You shall keep all Confidential Information secret, and shall not disclose the same to any third party without the prior written consent of Fingersoft. You shall not use any Confidential Information for any purpose other than as intended by Fingersoft for the purposes of the Games’ beta testing.
- Ownership of the Confidential Information. You hereby acknowledge and accept that the Games and all Confidential Information shall remain the sole and exclusive property of Fingersoft.
- Return of documentation and materials. You agree to return to Fingersoft and/or permanently delete (whichever is applicable) all documentation and materials relating to the Games upon Fingersoft’s request.
- Term of this Agreement. This Agreement shall be valid for five (5) years from Your acceptance of it.
- Governing law and jurisdiction. This Agreement shall be constructed under and be subject to the laws of Finland excluding its choice of law provisions. Any controversy or dispute arising between You and Fingersoft shall be exclusively submitted to the district court of Oulu.
- Remedies. You acknowledge and accept that any breach of any provision of this Agreement by You will cause irreparable harm, damage and loss to Fingersoft, and that Fingersoft may seek preliminary and permanent injunctive relief against the breach or threatened breach, in addition to any other remedies which may be available, including but limited to claim for damages.
- Acknowledgement. By clicking “Accept” or installing any Games You hereby acknowledge and accept to be bound by the foregoing Agreement.