2. The recipient agrees that, at all times, confidential information (as defined below) remains strictly confidential and is not passed on to third parties, unless this has been approved in writing by the company and the recipient uses the confidential information for purposes other than evaluating the service. The recipient shall only allow access to confidential information of its personnel who have a need to know and who have signed confidentiality agreements or who are bound by other confidentiality obligations at least as restrictive as those contained therein. “confidential information” means any non-public material and information that the company provides or provides to the recipient, including products and services, information relating to technology, know-how, processes, software, research, development, financial information and information provided by the company to third parties. Another version of this agreement is available, which contains a provision for the loan of computer equipment by the developer to the tester. Additional beta testing materials are available, designed as terms and conditions for “more open” beta programs. The waiver or omission of either party to exercise in any way any right under this Agreement shall not be deemed a waiver of any other rights or remedies to which the party is entitled. This model has been designed to protect the developer from possible liability for data loss, damage to computer systems, and other similar factors. The tester is clearly informed that the beta software is made available “as can be seen” and may endanger his computers. By entering into the contract, the tester accepts such risks. Privacy and secrecy are an important part of any product development process.

This Agreement is committed to confidentiality and includes information directly relating to the Software and any additional documentation arising from the Agreement. The conditions set forth above constitute the entire agreement between the parties and supersede any prior communication or arrangement regarding the subject matter of this Agreement. There are no written or oral agreements directly or indirectly related to this Agreement that are not specified therein. This Agreement may only be amended in writing and signed by both parties. This Beta Testing Agreement (“Agreement”) governs the disclosure of information by LiquidSpace, Inc. (“Company”) to ______ Whether the software in question is a new version that has been completely redesigned, or a simple patch or service pack, it must be tested on different computers to identify errors, errors, defects or defects….

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