The "Receiving Party” identified by their e-mail, first name, last name, postal address and date of birth.
Hereinafter referred to individually as "Party" or collectively as "Party(ies)".
For the purpose of the following provisions, the term Recipient shall be used to refer to you. The term Disclosing Party shall be used to refer to Nacon.
IT IS HEREBY RECALLED, AGREED AND SET FORTH AS FOLLOWS:
As part of the launch of the Closed BETA version of the new video game "TOUR DE FRANCE", (hereinafter referred to individually as the "Game") NACON is organizing a test with players including the Receiving Party. During this test, Confidential Information, as defined in Article 2 of this Agreement, will be exchanged.
The Receiving Party acknowledges that the said Confidential Information is strategic and that any unauthorized disclosure, under the conditions defined below, could constitute a direct and certain prejudice for the Disclosing Party.
Article 1 - Subject: The purpose of this Agreement is to govern the rights and obligations relating to the disclosure, use and protection of Confidential Information as defined in Article 2 below, for the duration of this Agreement, disclosed by a Disclosing Party to the Receiving Party, in respect of the Game. The Recipient Party agrees not to disclose to any other third party, natural person and/or legal entity, the "Confidential Information" defined in this Agreement.
Article 2 - Definition of Confidential Information: The term "Confidential Information" covers all information or data, particularly of a legal, financial, artistic, technical and/or commercial nature, as well as all photographs, images and videos of the Game presented by the Disclosing Party to the Recipient Party in the context of the Closed Beta of the Game, regardless of the medium, particularly in writing or orally, in accordance with the terms of this Agreement.
Article 3 - Non-disclosure of Confidential Information :
3.1 As of the entry into force of this Agreement and for the duration provided for in Article 5 of this Agreement, the Recipient Party undertakes to:
a) protect and keep strictly confidential the Confidential Information,
b) not to disclose/disseminate in any manner and/or for any purpose the images and/or videos of the Game
c) not to disclose the Confidential Information in any way whatsoever and, if applicable, if he/she is an employee of a company, both inside and outside the company employing him/her, and in particular not to disseminate any Confidential Information relating to the Game on the Internet and/or on social networks.
Article 4 - Remedies: The Recipient Party acknowledges that any violation or attempted violation of this Agreement is likely to cause the Disclosing Party damages and that without prejudice to the possible remedies to obtain compensation for the damage suffered, the Disclosing Party will be free to take all necessary emergency measures to stop the infringement, in application of the common law.
Article 5 - Duration: This Agreement between the Parties is concluded from the date of acceptance and for the period of the Closed Beta of the Game, that started 2 April 2024, and until the NDA is officially lifted by the Disclosing Party or for a period of one year from the date of agreement.
Article 6 - Applicable Law and Jurisdiction: This Agreement is subject to French law. Any dispute relating to the interpretation, performance or validity of this Agreement shall be submitted by the most diligent Party to the jurisdiction of the Commercial Court of Lille, in the absence of an amicable settlement between the Parties within one (1) month of the sending of a registered letter with acknowledgement of receipt by the Party invoking the difficulty.