Non-Disclosure Agreement (NDA)

1. Parties

This Non-Disclosure Agreement ("Agreement") is entered into between:

• Forward Audio (the "Disclosing Party"), a company developing audio software and plugins
• The Beta Tester (the "Receiving Party"), an individual participating in the beta testing program

2. Purpose

The purpose of this Agreement is to protect confidential and proprietary information related to the faDrumAlign beta software and associated materials that will be disclosed during the beta testing program.

3. Confidential Information

Confidential Information includes, but is not limited to:

• The faDrumAlign beta software and all its features, functionality, and capabilities
• Technical specifications, algorithms, and implementation details
• User interface designs, workflows, and user experience elements
• Performance metrics, test results, and feedback data
• Documentation, manuals, and instructional materials
• Marketing plans, release schedules, and business strategies
• Any other information marked as confidential or that would reasonably be considered confidential

4. Obligations of the Receiving Party

The Receiving Party agrees to:

• Maintain Confidentiality: Keep all Confidential Information strictly confidential and not disclose it to any third parties
• Limited Use: Use the Confidential Information solely for the purpose of beta testing and providing feedback
• No Public Disclosure: Not publish, post, or share any information about the beta software on social media, forums, blogs, or any public platforms
• No Screenshots/Recordings: Not take screenshots, screen recordings, or any other form of documentation of the software without explicit written permission
• Secure Storage: Take reasonable measures to protect the confidentiality of the information
• No Reverse Engineering: Not attempt to reverse engineer, decompile, or disassemble the software

5. Exceptions

The obligations of confidentiality do not apply to information that:

• Is or becomes publicly available through no breach of this Agreement
• Was known to the Receiving Party prior to disclosure
• Is independently developed by the Receiving Party without use of Confidential Information
• Is required to be disclosed by law or court order (with prior notice to Forward Audio)

6. Return of Materials

Upon termination of the beta testing program or upon request by Forward Audio, the Receiving Party agrees to:

• Return or destroy all materials containing Confidential Information
• Delete all copies of the beta software from their systems
• Provide written confirmation of compliance with these requirements

7. Duration

This Agreement remains in effect for a period of 3 years from the date of signing, or until the information becomes publicly available through official Forward Audio channels, whichever occurs first.

8. Consequences of Breach

The Receiving Party acknowledges that any breach of this Agreement may cause irreparable harm to Forward Audio. In the event of a breach:

• Forward Audio may seek immediate injunctive relief
• The Receiving Party may be liable for damages
• The Receiving Party will be immediately removed from the beta program
• Future participation in Forward Audio programs may be prohibited

9. Intellectual Property

All intellectual property rights in the beta software and related materials remain the exclusive property of Forward Audio. No rights or licenses are granted to the Receiving Party except as explicitly stated in this Agreement.

10. Governing Law

This Agreement is governed by the laws of Germany. Any disputes arising from this Agreement will be subject to the jurisdiction of German courts.

11. Contact Information

For questions regarding this NDA or the beta testing program, please contact:

Forward Audio
Email: contact (at) forward-audio (dot) com
Website: www.forward-audio.com