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By accepting this Non-Disclosure agreement, you accept the following terms in full:
If you have been given access to this software via the digital storefront Steam and you are not an official employee or partner of Octato ApS or GmbH, you accept that you are an external tester (hereafter referred to as Tester) of the gaming software known as “Airhead” (hereafter “the software”) and accept the below defined Agreement of Non-Disclosure.
Agreement of Non-Disclosure
The Tester accepts that they are prohibited from sharing, reproducing, or in any other way disclosing any confidential or proprietary information (including but not limited to the software), they receive from Octato ApS, no matter the medium of said information.
All reporting of or informing about issues or lacking features of the software must be done through the Airhead Discord Server, which the Tester will receive access to as part of receiving access to the software.
The terms of use and rules of conduct for all parts of the Airhead Discord Server must be observed and followed, and it is the Tester’s responsibility to stay oriented about any changes to said rules and terms.
The tester, by accepting this non-disclosure agreement accept the following terms:
1. Confidential or Proprietary Information
1.1 "information" is to be understood as any information or data, no matter their medium, that has been made available to the Tester as part of the testing process of the software, whether by Octato ApS, other tester,s or any other representative of Octato ApS.
“Information” includes any copyrighted, trademarked, or original material made by Octato ApS, any media produced by the Tester that make use of said information, and any knowledge of Octato ApS’ processes or practices both technical and as part of Octato ApS’ production in general, the Tester may come into possession of, as well as any similar information the Tester comes into possession of by any means.
1.1 Information is to be considered confidential or proprietary if:
⦁ The information explicitly states that the information is confidential or proprietary.
⦁ Octato ApS’ representatives communicate verbally or in writing to the Tester that the information is confidential or proprietary.
⦁ The Tester should be able to realize, within reason, that the information is confidential or proprietary.
1.3 Any information that falls under one of the following exceptions to the precious stated terms are no longer to be considered confidential or proprietary.
⦁ Information that, upon being disclosed to the Tester, had already been made available to the public or was widely known by the public.
⦁ Information that is made available to the public or becomes widely known by the public, after the Tester received the information, in so far as this happens without the interference of the Tester, and without any breaches of this non-disclosure agreement.
⦁ Information the Tester was provably in possession of before receiving them from Octato ApS, in so far as that information was in no way acquired from Octato ApS, directly or indirectly.
⦁ Information the Tester receives from a third party that has legal possession of that information, and that the information was not acquired from Octato ApS, directly or indirectly.
2. The TESTER’S Obligations
2.1 Per this agreement the Tester must:
⦁ Preserve the confidentiality of any confidential or proprietary information, and in no way disclose the information to any third party.
⦁ Take reasonable precautions to ensure that no third party gains unintended access to the confidential or proprietary information.
⦁ Refrain from copying, reproducing, distribute, or disclosing confidential or proprietary information to anyone, except employees or partners of Octato ApS who are directly involved in testing the software (with the condition that these employees or partners are also under obligation to preserve the confidentiality of the information).
2.2 The Tester is allowed to disclose any confidential or proprietary information, if this is mandatory by law or if any official agency demands it.
3. Ownership and Guarantees
3.1 The Tester accepts that all ownership and all rights to any confidential or proprietary information solely belongs to Octato ApS and that no license, patent, copyright. trademark, or any similar rights or ownership is passed to the Tester as part of this agreement.
3.2 Octato ApS can not be held liable for any inaccuracies, lacks, or non-usabilities of the confidential or proprietary information. The Tester accepts that no guarantees of any kind are made concerning the confidential or proprietary information as part of this agreement.
3.3 As an exception, Octato ApS guarantees that Octato ApS has the right to disclose the confidential or proprietary information.
4. Entry Into Force, Duration, and Termination
4.1 This agreement enters into force at the moment of acceptance but may apply to confidential or proprietary information Octato ApS has disclosed to the Tester prior to the acceptance of this agreement.
4.2, Octato ApS can without forewarning withdraw any and all rights given to the Tester as part of this agreement, if the agreement has not been upheld in full.
4.2 The rights and obligations imparted by this agreement regarding confidential or proprietary information is to stay in effect until the end of the year 2023.
5. Additional Terms
5.1 This agreement is the complete basis for the disclosure and treatment of confidential or proprietary information shared between Octato ApS and the Tester and supersedes any prior agreements made in regards to these affairs.
5.2 This agreement can only be modified or terminated by written communication between the Tester and Octato ApS. No delay or mistakes in the enforcement of any right afforded by this agreement is to be interpreted as a relinquishment of such a right.
5.3 This agreement is subject to Danish law.
5.4 Any dispute that might arise as a product of this agreement must be handles by the Danish courts.
If you have been given access to this software via the digital storefront Steam and you are not an official employee or partner of Octato ApS or GmbH, you accept that you are an external tester (hereafter referred to as Tester) of the gaming software known as “Airhead” (hereafter “the software”) and accept the below defined Agreement of Non-Disclosure.
Agreement of Non-Disclosure
The Tester accepts that they are prohibited from sharing, reproducing, or in any other way disclosing any confidential or proprietary information (including but not limited to the software), they receive from Octato ApS, no matter the medium of said information.
All reporting of or informing about issues or lacking features of the software must be done through the Airhead Discord Server, which the Tester will receive access to as part of receiving access to the software.
The terms of use and rules of conduct for all parts of the Airhead Discord Server must be observed and followed, and it is the Tester’s responsibility to stay oriented about any changes to said rules and terms.
The tester, by accepting this non-disclosure agreement accept the following terms:
1. Confidential or Proprietary Information
1.1 "information" is to be understood as any information or data, no matter their medium, that has been made available to the Tester as part of the testing process of the software, whether by Octato ApS, other tester,s or any other representative of Octato ApS.
“Information” includes any copyrighted, trademarked, or original material made by Octato ApS, any media produced by the Tester that make use of said information, and any knowledge of Octato ApS’ processes or practices both technical and as part of Octato ApS’ production in general, the Tester may come into possession of, as well as any similar information the Tester comes into possession of by any means.
1.1 Information is to be considered confidential or proprietary if:
⦁ The information explicitly states that the information is confidential or proprietary.
⦁ Octato ApS’ representatives communicate verbally or in writing to the Tester that the information is confidential or proprietary.
⦁ The Tester should be able to realize, within reason, that the information is confidential or proprietary.
1.3 Any information that falls under one of the following exceptions to the precious stated terms are no longer to be considered confidential or proprietary.
⦁ Information that, upon being disclosed to the Tester, had already been made available to the public or was widely known by the public.
⦁ Information that is made available to the public or becomes widely known by the public, after the Tester received the information, in so far as this happens without the interference of the Tester, and without any breaches of this non-disclosure agreement.
⦁ Information the Tester was provably in possession of before receiving them from Octato ApS, in so far as that information was in no way acquired from Octato ApS, directly or indirectly.
⦁ Information the Tester receives from a third party that has legal possession of that information, and that the information was not acquired from Octato ApS, directly or indirectly.
2. The TESTER’S Obligations
2.1 Per this agreement the Tester must:
⦁ Preserve the confidentiality of any confidential or proprietary information, and in no way disclose the information to any third party.
⦁ Take reasonable precautions to ensure that no third party gains unintended access to the confidential or proprietary information.
⦁ Refrain from copying, reproducing, distribute, or disclosing confidential or proprietary information to anyone, except employees or partners of Octato ApS who are directly involved in testing the software (with the condition that these employees or partners are also under obligation to preserve the confidentiality of the information).
2.2 The Tester is allowed to disclose any confidential or proprietary information, if this is mandatory by law or if any official agency demands it.
3. Ownership and Guarantees
3.1 The Tester accepts that all ownership and all rights to any confidential or proprietary information solely belongs to Octato ApS and that no license, patent, copyright. trademark, or any similar rights or ownership is passed to the Tester as part of this agreement.
3.2 Octato ApS can not be held liable for any inaccuracies, lacks, or non-usabilities of the confidential or proprietary information. The Tester accepts that no guarantees of any kind are made concerning the confidential or proprietary information as part of this agreement.
3.3 As an exception, Octato ApS guarantees that Octato ApS has the right to disclose the confidential or proprietary information.
4. Entry Into Force, Duration, and Termination
4.1 This agreement enters into force at the moment of acceptance but may apply to confidential or proprietary information Octato ApS has disclosed to the Tester prior to the acceptance of this agreement.
4.2, Octato ApS can without forewarning withdraw any and all rights given to the Tester as part of this agreement, if the agreement has not been upheld in full.
4.2 The rights and obligations imparted by this agreement regarding confidential or proprietary information is to stay in effect until the end of the year 2023.
5. Additional Terms
5.1 This agreement is the complete basis for the disclosure and treatment of confidential or proprietary information shared between Octato ApS and the Tester and supersedes any prior agreements made in regards to these affairs.
5.2 This agreement can only be modified or terminated by written communication between the Tester and Octato ApS. No delay or mistakes in the enforcement of any right afforded by this agreement is to be interpreted as a relinquishment of such a right.
5.3 This agreement is subject to Danish law.
5.4 Any dispute that might arise as a product of this agreement must be handles by the Danish courts.