IMPORTANT: This Non-Disclosure Agreement (NDA) is required for participation in the Otherchess beta testing program. By signing this agreement, you acknowledge that you have read, understood, and agree to be bound by its terms.
1. PARTIES
1.1 Disclosing Party: Michael Trestman, an individual doing business as Otherchess (incorporation pending).
1.2 Receiving Party: The individual user accessing the Otherchess beta testing program ("Receiving Party").
2. PURPOSE
2.1 The Receiving Party wishes to participate in the beta testing program for "Otherchess," an innovative expansion chess variant game currently in development and patent pending.
2.2 In connection with this beta testing, the Disclosing Party may disclose to the Receiving Party certain confidential and proprietary information.
3. DEFINITION OF CONFIDENTIAL INFORMATION
3.1 "Confidential Information" means any and all information disclosed by the Disclosing Party to the Receiving Party, either directly or indirectly, in writing, orally, or by inspection of tangible objects, which is designated as "Confidential," "Proprietary," or some similar designation, or which should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.
3.2 Confidential Information includes, but is not limited to:
- Game mechanics, rules, and gameplay systems
- Board layouts, piece movements, and strategic elements
- User interface designs and user experience features
- Technical architecture and implementation details
- Business plans, marketing strategies, and financial information
- Patent applications and intellectual property details
- Beta testing feedback and improvement suggestions
- Any other information marked as confidential or proprietary
4. NON-USE AND NON-DISCLOSURE
4.1 The Receiving Party agrees not to use the Confidential Information for any purpose other than participating in the beta testing program.
4.2 The Receiving Party agrees not to disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party.
4.3 The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its own confidential information of like importance, but in no event less than reasonable care.
5. PATENT PENDING NOTICE
5.1 The Receiving Party acknowledges that the Otherchess game concept, mechanics, and related innovations are the subject of pending patent applications.
5.2 The Receiving Party agrees not to file any patent applications or seek any intellectual property protection for inventions or concepts that are substantially similar to or derived from the Confidential Information.
5.3 The Receiving Party acknowledges that any improvements, modifications, or derivative works created during beta testing shall be the sole property of the Disclosing Party.
6. BETA TESTING SPECIFIC TERMS
6.1 The Receiving Party acknowledges that the Otherchess game is in beta development and may contain bugs, errors, or incomplete features.
6.2 The Receiving Party agrees to provide constructive feedback and report any issues discovered during testing.
6.3 The Receiving Party acknowledges that the game may be modified, updated, or discontinued at any time during the beta period.
6.4 The Receiving Party agrees not to attempt to reverse engineer, decompile, or disassemble the game software.
7. TERM AND TERMINATION
7.1 This Agreement shall remain in effect for a period of five (5) years from the date of execution.
7.2 Upon termination of this Agreement, the Receiving Party shall immediately cease all use of the Confidential Information and return or destroy all copies of Confidential Information in its possession.
7.3 The obligations of confidentiality and non-use shall survive termination of this Agreement for a period of five (5) years.
8. REMEDIES
8.1 The Receiving Party acknowledges that any breach of this Agreement may cause irreparable harm to the Disclosing Party for which monetary damages may be inadequate.
8.2 The Disclosing Party shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.
9. GENERAL PROVISIONS
9.1 This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof.
9.2 This Agreement may not be modified except in writing signed by both parties.
9.3 This Agreement shall be governed by and construed in accordance with the laws of the United States.
9.4 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
SIGNATURE
By clicking "I Agree" during the registration process, the Receiving Party acknowledges that they have read, understood, and agree to be bound by the terms of this Non-Disclosure Agreement.
Receiving Party (User):
(Electronic Signature via "I Agree" button)
Date:
(Date of electronic agreement)
IMPORTANT: This is a legally binding agreement. Please read it carefully before proceeding with registration. If you do not agree to these terms, do not proceed with the beta testing program.