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Albertdup
02-15-2006, 10:56 PM
For all of those people who just skipped reading the NDA here it is again. Please read and keep to the rules.

NEWTEK QUALIFIED PUBLIC BETA NON-DISCLOSURE AGREEMENT

Whereas NewTek is Currently developing the version 9.0 update to the product LightWave 3D (hereafter "Product"), and Beta Tester desires to participate in Testing said Product updates, and in consideration therefore be among the first to receive such Product updates, the Beta Tester accepts the Product and such updates to the Product as is, subject to the terms below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. NewTek agrees to deliver the Product and designated Product updates, and the Beta Tester agrees, upon request of NewTek, to review and test the Product, including documentation and all features of the Product, and further agrees to report to NewTek on the Product performance, reporting on strengths and weaknesses, deficiencies, defects, and other aspects of the Product, and include comments relating to the potential additional features that would enhance the Product. Beta Tester agrees to do so and provide information reasonably requested by NewTek on the forums provided by NewTek, and to report promptly for the initial reporting.

2. Beta Tester acknowledges that it is accepting the Product and Product Updates with the understanding that these are the test generation of the Product, that it is testing the Product both for adequacy of features and for defect deficiencies and accepts all risks relating thereto. Beta Tester agrees that NewTek is not liable for any damages of any kind to Beta Tester, whether they be commercial damages, lost profits, lost time, or any other kind as a result of any deficiencies, defects, inadequacies, or other losses. NewTek's only obligation is to correct actual Product defects under the manufacturer's warranty. NewTek does not warrant or represent that any features exist or the adequacy of the features.

3. Beta Tester agrees that it shall not disclose to any other party any proprietary information provided by NewTek to Beta Tester, nor shall Beta Tester disclose to any other party the content of any communication between NewTek and Beta Tester regarding Product, Product Testing, and reports. Beta Tester shall not disclose its status as a Beta Tester, nor any information regarding the Product or Product update in test.

4. Nothing in the Agreement shall be interpreted as requiring NewTek to provide upgrades of the Product beyond the first production version of the Software portion of the Product or Product Update being tested under this agreement.

5. Beta Tester acknowledges that information provided to NewTek by the Beta Tester about Beta Tester's experience in the industry, sales or distribution records, beta testing experience or otherwise, whether such information is provided to NewTek verbally or in writing, in any applications is true and correct.

6. This is the entire agreement of the parties. As of the date of execution, there are no other agreements between the parties relating to the Product not expressly included herein. The parties except as in writing signed by both parties may not modify this Agreement.


This Agreement is governed be the laws of the State of Texas and any disputes pertaining to the agreement are subject to the sole jurisdiction of the courts in Texas. Beta Tester's obligations to Test shall continue only until the production version of the product is on the market. The above recitals are hereby made a part of this Agreement NewTek, Inc., 5131 Beckwith Blvd, San Antonio, TX 78249.

mattclary
02-16-2006, 05:33 AM
Also, see below.
VVVVVVVVVVVV

evenflcw
02-16-2006, 08:02 AM
Also, note this part of the Open Beta FAQ (http://www.newtek.com/lightwave/lw9_betafaq.php):


Am I allowed publicly display work created with and during the LightWave v9 Open Beta?
Yes. You are welcome to publicly post imagery created with the use of the LightWave v9 Open Beta software. However, per the terms of the NDA, you are not allowed to discuss the fact that you are a member of the LightWave v9 Open Beta program of how the software was used to create the imagery.

So show us those funky ACT APS SSS renders, but tell us your daughter drew them! :D

lwaddict
02-16-2006, 08:37 AM
Read number 3 again...

Beta Tester agrees that it shall not disclose to any other party any proprietary information provided by NewTek to Beta Tester, nor shall Beta Tester disclose to any other party the content of any communication between NewTek and Beta Tester regarding Product, Product Testing, and reports. Beta Tester shall not disclose its status as a Beta Tester, nor any information regarding the Product or Product update in test.

Ergo...isn't posting the agreement a no no as well?

Shhh...now go play