Welcome to the „Kalypso Media Mobile Beta Test".
Please fill in the form below to apply for the „Kalypso Media Mobile Beta Test“.
Please understand that the number of participants is limited. You will be notified via email in case you are eligible.
If you need help or if you have any questions, please contact us via e-mail or visit our forum:
What we collect
We may collect the following information:
What we do with the information we gather
We require this information to ensure functionality of the software application and to understand your needs and provide you with a better service, in particular for the following reasons:
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Do not install or use the game if you do not agree to the terms of this agreement. You represent and guarantee that you are eighteen (18) years of age or older and that you are not a manager, employee, representative, provider, independent contractor, executive or managing director of a developer or publisher of video and/or computer games. IF YOU ARE UNDER 18 YEARS OLD, YOU ARE NOT ALLOWED TO PARTICIPATE IN THE BETA TEST PROGRAMME WITHOUT THE PERMISSION OF YOUR GUARDIAN.
You declare, that your participation in the Beta Test is entirely voluntary (and for your personal use). You agree that your participation in the Beta Test is not an employment contract or an offer of such a contract between you and KALYPSO. Furthermore, you declare that KALYPSO expects you to participate in the Beta Test only in your spare time. You agree, that with your participation in the Beta Test you are not entitled to ownership claims, rights to the game and will not receive any further (explicit or implicit) compensation.
The Beta Test starts with the installation, copying, downloading, accessing or otherwise use of the Beta Materials, and ends with the end of the Beta Test (as stipulated in the confirmation e-mail), unless it is otherwise extended or terminated at the sole discretion of KALYPSO. Some clauses in this Agreement take effect after the expiration of the Agreement. KALYPSO may terminate your participation in the Beta Test (in writing or through e-mail message) at its sole discretion for any reason and at any time during the programme without providing any compensation for you.
You agree that KALYPSO is not providing any hardware or software for the Beta Test or for the connection to the servers of KALYPSO. You are free to terminate your activity as a volunteer tester of the game at any time and for any or no reason in writing or by e-mail message.
You are granted a revocable, limited right to install the Beta Materials on a single computer for the sole purpose to evaluate the title (as permitted in clause 4.) You are not allowed to use any part of the Beta Materials, copy, modify, sell, rent, lease, distribute, transmit, disclose, (if this is not provided in this agreement.) KALYPSO reserves all other rights.
You are not allowed
This Agreement is personal to you and you may not assign, transfer, sub-licence, deal with, charge, or delegate any of your rights or obligations under this agreement. At the end of the Beta Test or your participation in it, all license rights granted herein end immediately.
With the participation in the beta program it is expected that you suggest changes, improvements and additions to the game, as well as provide an analysis of the game and its features (collectively "Feedback"):
It is understood that it is your responsibility as part of your participation in the beta program, to report all known bugs, abuse of bugs, undocumented features or other errors and problems associated with the game and the beta software ("bugs"), once they are found.
You acknowledge that the feedback on the experience of users is the purpose of the agreement of the Beta Program and Beta Materials which in turn will improve the Beta Program, and the Beta Materials. You agree that we may contact you by e-mail or other means to obtain your feedback regarding your experience with the Beta Program and the Beta Materials; as well as other transaction-related matters regarding your obligations under this Beta Agreement and your participation in the Beta Program. You hereby declare and warrant that you are authorized to enter into this agreement and to assign the rights stated in. You declare and warrant that the feedback is created by you and does not contravene any intellectual property rights of third parties.
Any feedback in any form, in particular e-mail, text messages in forums and / or orally delivered, is to the sole and exclusive ownership of KALYPSO and/or its licensors. You hereby transfer all your rights and interest in the feedback as well as all related intellectual property rights in Kalypso. You agree that Kalypso and/or its licensors have an unrestricted and irrevocable right to your feedback or consequential derivative works in any (yet unknown) way without any compensation (remuneration) to your benefit.
It is understood that you need to return any and all copies of the game and the Beta Software that was supplied to you for testing, in any format at the request of KALYPSO. The return of the material does not affect your obligation to treat the Confidential Information disclosed to you as strictly confidential.
In the course of performing the Permitted Purpose, KALYPSO has agreed to disclose to you certain valuable confidential information, including code, screenshots, render images, artwork, text, plot and other assets or narrative from the Game and information about the Game, including its features, functionality, levels, gameplay, characters, environments, development, release dates and other information about the Game which you learn as a result of this agreement and performing the Permitted Purpose, (which are all together "Confidential Information") (except as otherwise set out in this agreement). To avoid misunderstanding, please note that "Confidential Information" includes the existence and terms of this agreement, the Game and the Permitted Purpose (which includes your feedback, any other participant feedback in the beta program, and the feedback and comments by any KALYPSO employee) and any information in relation to proposed or future games, services or business processes of KALYPSO.
You need to do your utmost to secure confidential information and to prevent unauthorized use or disclosure thereof. Your obligation to maintain the confidentiality of the Beta materials continues until KALYPSO make all the game items or the entire game and the content you are testing, available publicly or publicly distributes the game.
Except for the herein granted revocable, limited license KALYPSO reserves all rights, title and interest (including all intellectual property and proprietary rights) in and to the Confidential Information / Beta Materials (including all goodwill therein) and including any part thereof, shall as between the parties be and remain the sole and exclusive property of KALYPSO and no rights, title, interest or licences to the Confidential Information is granted to you by this Agreement KALYPSO makes no express or implied warranty or representation concerning its Confidential Information, or the accuracy or completeness of the Confidential Information. All title and interest in and to any physical and digital materials embodying the Confidential Information, including any pre-release code version of the Game and any media onto which the same may be recorded which may be sent to you for the Permitted Purpose, remain the sole and exclusive property of KALYPSO subject only to the limited licence for using such material for the Permitted Purpose on and subject to the provisions of this agreement.
You acknowledge that KALYPSO and / or its licensors own all intellectual property rights in the beta materials, in particular all patent rights, copyrights, inventions, trade secrets, presentation, trademarks and intellectual property rights therein. You are not allowed to remove the copyright notice and other proprietary notices from the beta materials. You agree that this agreement will be stored with all printed and electronic copies of the beta materials and documentation that form the beta materials. You agree to prevent any unauthorized copy of the beta materials.
You hereby agree that damages may not be an adequate remedy for breach of this Agreement and that KALYPSO may be entitled to equitable relief, including injunction and specific performance in the event of any breach or threatened breach of the provisions of this Agreement by you and that you shall not oppose the granting of such relief. Further you agree to indemnify and keep fully indemnified KALYPSO at all times against all and any costs, claim, damages, losses or liabilities arising directly or indirectly (including any direct, indirect or consequential losses, loss of profit, loss of reputation and loss of opportunity) out of any breach by you of any of the provisions of this Agreement. In the event that you breach any of the terms of this Agreement or the Code of Conduct of the beta program, KALYPSO may cancel your access to the beta program and take the available remedies.
YOU ACKNOWLEDGE THAT THE GAME AND ALL BETA SOFTWARE PRODUCTS ARE PRE-RELEASE. YOU ACKNOWLEDGE THE GAME AND THE BETA SOFTWARE MAY CONTAIN ERRORS OR DEFECTS, AND ANY PRODUCTS ARE NOT FINAL. THE GAME AND THE BETA SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
KALYPSO SHALL NOT BE LIABLE TO YOU OR ANYONE FOR INDIRECT, SPECIAL, INCIDENTAL DAMAGES, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR ANY COMPLAINT ARISING IN CONNECTION WITH THIS AGREEMENT, THE GAME UNDER THIS AGREEMENT OR ANY OTHER MATERIALS PROVIDED WITH THE BETA MATERIALS.
KALYPSO provides no support for the game and the Beta Software. However, KALYPSO may set up an email address and / or a private forum for you, where questions and / or comments regarding the Beta Materials can be sent. KALYPSO makes no representations or warranties regarding the correctness of any response to your email(s) or posts, statements or advice from other members made in the forum.
You acknowledge that the game and Beta Software will run in a test environment, that game characters, character data, or any other value or status indicators that you achieve through game play in the beta program can be delete or changed by KALYPSO at any time in its sole discretion, and that such data will probably not be exported into the game when it is released commercially.
If any provision of this Agreement is wholly or partially invalid or unenforceable, that provision will be amended as least as far as necessary to make it valid and enforceable. The validity and enforceability of the remaining provisions of this Agreement will not be affected. This Agreement is the complete and entire understanding between the parties with respect to its subject matter and shall remain in full force and effect in relation to each part of Confidential Information until such Confidential Information ceases to be confidential.
This Agreement may be amended by KALYPSO at any time at its sole discretion. You agree to check regularly for new information and terms that govern your participation in the Beta Program. If revisions of conditions that affect existing elements of the Beta Program come into effect they will be made available by KALYPSO. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and agreements between the parties.
This Agreement shall be governed by and construed in accordance with the laws of Germany. Both parties hereby submit to the non-exclusive jurisdiction of the courts of Germany. The English language version of this Agreement is the original.
Kalypso Media Group GmbH
Telefon: +49 6241 506 19 00
Telefax: +49 6241 506 19 11
Worms am Rhein
HRB 40520 AG Mainz
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Copyright © 2015 Kalypso Media GmbH.
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