2.6 Beta Tester's Confidentiality Obligations
"Confidential Information" shall mean (a) any and all information relating to or contained in the Products, Software, Documentation, or other materials supplied to Beta Tester by Company in connection with the Beta Testing, including, without limitation, information relating to the performance, conditions, capabilities, and contents of the Products and Software, methods of reporting and conducting, modification schedule, modification process and its progress in the Beta Testing, AND RECIPIENT'S FEEDBACK, OPINIONS, SUGGESTIONS, AND COMMENTS (POSITIVE AND/OR NEGATIVE) REGARDING THE PRODUCT AND THE SOFTWARE, (b) the existence and the terms of this Agreement, (c) the Square Enix ID and password used by Beta Tester, or by any other Beta Tester, (d) THE IDENTITY OF BETA TESTER AND THE FACT THAT BETA TESTER IS PARTICIPATING IN THE BETA TEST, and (e) any and all information relating to the future or proposed products, services, or business operations of Company. Confidential Information includes, without limitation, all such information disclosed to Beta Tester prior to the execution of this Agreement. Beta Tester acknowledges and agrees that the Confidential Information constitutes valuable trade secrets of Company and (subject to the other terms of this Section 2.6) agrees to keep Confidential all Confidential Information, and only use Confidential Information in connection with Beta Tester's participation in the Beta Test.
Beta Tester shall not disclose, publish, distribute, transmit, post, or otherwise make available, directly or indirectly, any Confidential Information to Others. IN OTHER WORDS, YOU MAY NOT POST OR PUBLISH IN ANY WAY YOUR EXPERIENCE IN THE BETA TEST OR YOUR OPINION OF THE NON-RETAIL VERSION OF FINAL FANTASY XIV ONLINE. However, at some point during the Beta Test, Company may officially announce on the official Beta Test website or via email that certain specified materials may be uploaded and published.
However, Beta Tester may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that Beta Tester shall give Company a written notice prior to disclosure within a reasonable time and shall cooperate with Company in any efforts to obtain a protective order or its equivalent and shall comply with the same.
Confidential Information will not, however, include any information that Recipient can prove by documentation (a) was publicly known and made generally available in the public domain prior to the time of disclosure to Beta Tester by Company, (b) became publicly known and made generally available after disclosure to Beta Tester by Company through no action or inaction of Beta Tester, or (c) was in the possession of Beta Tester, without confidentiality restrictions, at the time of disclosure by Company, as shown by Beta Tester's files and records. BETA TESTER HEREBY ACKNOWLEDGES AND AGREES THAT, EVEN AFTER THE COMMERCIAL VERSION OF THE PRODUCT HAS BEEN RELEASED TO THE PUBLIC, BETA TESTER'S CONFIDENTIALITY OBLIGATIONS SHALL CONTINUE, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN.
Beta Tester shall compensate Company for expenses incurred and any damages sustained by the Company as a result of breach of this Section 2.6 by the Beta Tester or by an individual receiving Confidential Information from Beta Tester in violation of this Section 2.6.
Beta Tester, in reporting feedback, opinions, suggestions, and comments to Company, shall not make an account of any personal matter pertaining to Beta Tester or Others.