# Beta Non-Disclosure Agreement (NDA)

**Template only — not legal advice.** OinkWave should have qualified counsel review and adapt this agreement before sending it to beta testers. Jurisdiction, entity name, and contact details must be filled in.

**Related:** Software license, responsibilities, broadcasting, and abuse — see **`OINKSCAPE_END_USER_LICENSE_AND_TERMS.md`** (separate from this NDA).

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## OinkScape beta program — mutual confidentiality

**Effective date:** _______________

This Beta Non-Disclosure Agreement (“**Agreement**”) is between:

**OinkWave** (“**OinkWave**,” “**we**,” “**us**”), with a principal place of business at:  
_________________________________________________________________,

and

**Beta tester** (“**you**”), named: _______________________________, email: _______________________________.

### 1. Purpose

OinkWave is providing you early access to **OinkScape** and related materials (the “**Beta Program**”) so you can test pre-release software and give feedback. This Agreement protects **Confidential Information** shared in connection with the Beta Program.

### 2. Confidential Information

“**Confidential Information**” means all non-public information OinkWave discloses or makes available to you in connection with the Beta Program, including without limitation:

- Pre-release software, installers, binaries, and source excerpts (if any);
- Product plans, roadmaps, features, designs, and specifications;
- Performance data, bug reports, security findings, and internal communications labeled confidential or reasonably understood to be confidential;
- Business, marketing, pricing, or partnership information not publicly announced.

Confidential Information does **not** include information that you can demonstrate: (a) was public without breach of this Agreement; (b) you lawfully received from a third party without restriction; or (c) you independently developed without use of Confidential Information.

### 3. Your obligations

You agree to:

1. **Use** Confidential Information solely to participate in the Beta Program and provide feedback to OinkWave.  
2. **Not disclose** Confidential Information to anyone except OinkWave, unless we give prior written consent.  
3. **Protect** Confidential Information using at least reasonable care (and no less than you use for your own similar information).  
4. **Not reverse engineer, decompile, or disassemble** Beta software except to the limited extent expressly permitted by applicable law notwithstanding this restriction.  
5. **Not circumvent** technical or contractual limits (including install keys, seat limits, or beta expiry) except as we authorize in writing.

### 4. Feedback

If you provide suggestions, comments, or other feedback about the Beta (“**Feedback**”), you grant OinkWave a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize Feedback without obligation to you, except where prohibited by law.

### 5. No obligation to release

The Beta Program does not obligate OinkWave to release any product, to continue the Beta Program, or to provide support. We may revoke access at any time.

### 6. Term

This Agreement begins on the Effective Date and continues until the earlier of: (a) one (1) year after OinkWave publicly releases a generally available version of the applicable product; or (b) written termination by OinkWave. Sections that by nature should survive (including confidentiality for trade secrets, Feedback license, and limitations) survive termination.

### 7. Remedies

You acknowledge that unauthorized disclosure may cause irreparable harm for which money damages are inadequate. OinkWave may seek injunctive relief in addition to other remedies.

### 8. Beta incentive — lifetime license (optional grant)

If OinkWave has communicated to you that beta participants will receive a **complimentary lifetime license** to OinkScape (or named product) as a thank-you, that grant is subject to: (a) your material compliance with this Agreement through the end of the Beta Program; and (b) the final license terms OinkWave provides at or before general release. OinkWave may define “lifetime” as the commercial life of the product or service. This subsection does not limit OinkWave’s right to terminate for breach.

### 9. General

- **Governing law:** _______________ (state/country), excluding conflict-of-law rules.  
- **Entire agreement:** This Agreement is the entire understanding on this subject, superseding prior oral or written communications on confidentiality for the Beta Program.  
- **Assignment:** You may not assign this Agreement without our consent.  
- **Electronic acceptance:** Signing electronically or clicking “I agree,” or installing Beta software after receiving this Agreement, constitutes acceptance.

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**OinkWave**  

Signature / Name: ___________________________  
Title: ___________________________  
Date: ___________________________

**Beta tester**  

Signature / Name: ___________________________  
Date: ___________________________