TERMS OF TESTS

Subject matter of ToT

  1. In accordance with these Terms of Tests (“ToT”), the author undertakes to provide the prototype or access to a prototype simulation in an appropriate program (“Prototype”) to: Realms Distribution limited liability company with registered office in Wrocław (50-127), address: ul. Św. Mikołaja 58, entered in the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number 0000637257, NIP (Taxpayer Identification Number): 8992798122, hereinafter referred to as "the Company" and the Company undertakes to to conduct Prototype tests and provide feedback to the author. 
  2. With the mutual consent of the Parties, the Author will provide the Company with a copy of the Prototype. The Company may request additional information or materials from the author for testing purposes.  Failure to provide the necessary information, materials, or Prototype upon the Company's request may result in the inability to conduct tests, thereby relieving the Company of any liability and releasing it from the obligation to perform the tests.
  3. Both Parties mutually agree that the contact or tests conducted by the Company do not constitute a promise to release the Prototype or support the author in any way and are not binding on either party. In the event of the Company expressing interest in releasing the Prototype or its development, the parties will enter into a separate agreement.

 

Non - disclosure clause

  1. The Parties undertakes to keep strictly confidential any information provided by the other Party that constitutes a business secret or know-how of either Party (hereinafter: Confidential Information), which has been disclosed to the other Party during the prototype testing under these ToT.
  2. The Parties may expand the obligations set out above in a separate agreement.

 

Final provisions

  1. The ToT is concluded for the performance of the Prototype test.
  2. In the case that any provision of the ToT is or becomes invalid or ineffective, the remaining provisions of the ToT shall continue to be valid and the invalid provision shall be replaced by a provision which, as far as legally permissible, best achieves the intended economic purpose of the invalid or ineffective provision and the intentions of the Parties.
  3. All changes and additions to the ToT shall be in writing otherwise being null and void.
  4. In matters not regulated by the ToT, the provisions of the Civil Code and other generally applicable provisions of Polish law shall apply.
  5. In the case of a change of the correspondence address indicated in the ToT’s compilation or e-mail address, each Party shall immediately notify the other Party of the change in writing, otherwise delivery to the previous known address / e-mail address shall be deemed effective.
  6. Any disputes that may arise in connection with this ToT shall be resolved amicably through negotiations. In case negotiations are not conducted or do not bring the expected results within 30 days from the date of informing the other Party about the dispute in writing, a given Party has the right to refer the dispute for settlement to the court competent for the seat of the Company.