NON DISCLOSURE AGREEMENT *
This Nondisclosure Agreement (the ”Agreement”), effective as of the date you accept this Agreement (“Effective Date ”), is by and between DianDian Interactive Holding (“funplus”) with offices at PO Box309, Ugland House, Grand Cayman, KY1-1104 Cayman Islands, and You, an individual, as a game tester (“You” or “tester”), relating to any and all content pertaining to the Game (defined below). Funplus is engaged in the creation and development of a massively multiplayer online game. If You are selected to be a tester, Your confidential access to and participation in the Closed Beta are subject to the following terms and conditions, which constitute a binding legal agreement between You and Funplus, as of the Effective Date. You hereby expressly represent and agree that you will not disclose, nor make any use of, or benefit from, directly or indirectly, the Confidential Information of funplus and A new simulation game by Funplus. (a) “Confidential Information” as used in this Agreement shall mean any and all information or material, of every kind and form, in electronic or tangible form, relating to the Closed Beta, Game or any other funplus products and services which are made available to You by funplus. Confidential Information includes, but is not limited to, all information relating to the Closed Beta , Your selection as a Closed Beta participant, the Game (including but not limited to information and ideas relating to the Game, software code, designs, graphics, rules, playing strategies, artwork, visual depictions, plot, theme, settings, characters, characterizations, skills, emails, screenshots, marketing emails, marketing and promotional plans, current, future or proposed products or services of funplus written or printed documents, announcements or prereleases, product samples artwork, graphics, promotional and/or marketing items), the Facebook group of Closed Beta, business and/or trade secrets, testing protocols, Agreement, processes, and standards relating to the Game and/or associated products or services of funplus. (b) You agree to hold in strictest confidence and not to disclose or reveal to any person or entity Confidential Information without the express prior written consent of a duly authorized representative of funplus, unless such disclosure is required by law as a judgment of any court of competent jurisdiction. In particular, You must not discuss the Closed Beta with anyone associated with a competing videogame, any videogame publisher or developer, any news or information service (whether television, magazine, online, newspaper or otherwise), or review, report, online blog, or in any online forum of chat room, other than the official Facebook group of Closed Beta or other specifically designated private funplus forum/group. Except as expressly authorized by funplus, You additionally agree not to use any of the Confidential Information for any purpose whatsoever or to disclose any of the Confidential Information at any time to any third party by direct or indirect means. (c) You shall not copy, alter, modify, disassemble, reverse engineer, or decompile the Game, Confidential Information, or any materials received during the Closed Beta without the prior written consent of funplus. (d) Nothing contained in this Agreement shall be construed to create any obligation on the part of funplus to disclose any Confidential Information to You. Funplus reserves the right to suspend, restrict, or cancel the Closed Beta , and/or may terminate Your participation in the Closed Beta at funplus’s sole discretion. (e) You hereby acknowledge that damages would not be an adequate remedy for breach any provision of this Agreement and that the Disclosing You shall be entitled to the remedies of injunction, specific performance and other adequate equitable relief for any threatened or actual breach of this agreement and that no proof of special damage shall be necessary for the enforcement of this agreement. NO Warranty. Funplus makes no warranties, express, implied, or otherwise, regarding the accuracy, completeness, functionality or performance of the Closed Beta, Game, Confidential Information, or associated services and expressly disclaims all such warranties. Funplus further disclaim all liability for any settings selected by You and for any programs, files, or content on or in Your computer, systems, or communications. This agreement shall continue in force from the date hereof until terminated by funplus without prior notice (but we may have )or by You giving funplus not less than one month’s written notice. The obligations hereto relating to the confidentiality and use of Confidential Information shall survive the termination of this agreement for a period of one (1) years. This agreement will be governed by any interpreted in accordance with the Laws of Hong Kong and will be subject to the jurisdiction of the arbitration commission of Hong Kong.
