Hey there! Thanks for stopping by to check out the gdgt beta.
We can't wait to let you play with the site and get your feedback! Before we go any further, we ask that that you read and agree to our non-disclosure agreement. We hope you'll appreciate our concern for confidentiality -- especially since so much of our work isn't yet complete.
Also, by entering the site you also acknowledge that you have been explicitly invited and authorized to view this beta by a manager of PastFuture, Inc.
Thanks, and welcome!
gdgt Beta Participant NDA
1. Proprietary and Confidential Information.
You (the "Participant") hereby acknowledge and agree that your relationship with PastFuture, Inc. ("Company") is one of high trust and confidence and that, in the course of interaction with the Company, Participant may have access to and contact with Proprietary Information (as defined herein) and Confidential Information (as defined herein). Participant agrees to hold all such Proprietary Information and Confidential Information in strict confidence, not to disclose it to others or use it in any way, commercially or otherwise, and not to allow any unauthorized person access to it, either before or after expiration or termination of this agreement. Participant further agrees to take all action necessary to protect the confidentiality of the Proprietary Information and Confidential Information including, without limitation, implementing and enforcing operating procedures to minimize the possibility of unauthorized use or copying of the Proprietary Information and Confidential Information. For the purposes of this agreement, "Proprietary Information" shall mean all information (whether or not patentable and whether or not copyrightable), owned, possessed or used by the Company, including, without limitation, formulas, vendor information, customer information, apparatus, equipment, trade secret, process, research, report, technical data, know-how, computer program, software, software documentation, hardware design, technology, marketing or business plan, forecast, unpublished financial statement, budget, license, price, cost and employee list that is communicated to, learned of, developed or otherwise acquired by Participant in the course of Participant's interaction with the Company, including, but not limited to the website maintained at gdgtbeta.com and/or any related websites (the "Site"). For the purposes of this agreement, "Confidential Information" shall mean (i) all information furnished by the Company or any of its representatives, whether furnished before or after the date hereof, whether oral or written, and regardless of the manner in which it is furnished, including, but not limited to information located on the Site, (ii) all analyses, compilations, forecasts, studies, interpretations or other documents accessible on the Site, (iii) the existence and terms of this agreement and (iv) any non-public information pertaining to the Company, including, but not limited to, its business purpose and activities. The Proprietary Information and Confidential Information shall remain the property of the Company. No rights to use, license or otherwise exploit the Proprietary Information and Confidential Information are granted to you, by implication or otherwise. Participant will not by virtue of Company's disclosure of the Proprietary Information and Confidential Information and/or Participant's use of the Proprietary Information and Confidential Information acquire any rights with respect thereto, all of which rights shall remain exclusively with the Company. This agreement shall survive the termination of the Participant's participation for any reason, and shall be governed by the laws of the State of California, excluding that body of laws dealing with conflict of laws.
2. Restrictions.
You may not, directly or indirectly, (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the software, content, materials or any user submissions on the Site (collectively, the "Materials"); or (b) copy the Materials or engage in any other acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of the Company and the copyright owner; or (c) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Site or the Materials, in whole or in part; or (d) remove any proprietary notices or labels on the Site or Materials.
You are responsible for your communications and your use of the Website. You may not, under any circumstances, do any of the following: (a) post or transmit any message which is libelous or defamatory; (b) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (d) use the Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (e) intercept or attempt to intercept email or other private communications not intended for you; (f) send email to users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which users or other Internet users need to respond (except as otherwise expressly permitted by the Company; (g) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (h) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (i) upload files that contain a virus or corrupted data; (j) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the Site; (k) falsify the source or origin of software or other material contained in a file that you upload to a BBS or the Site; (l) use the Site in a manner that adversely affects the availability of its resources to other users; (m) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not authorized to access or use the Site; (n) falsely purport to be an employee or agent of the Company; (o) cause repeated disruptive incidents; (p) act, or fail to act, in your use of the Site, in a manner that is contrary to applicable law or regulation; (q) distribute in any medium any part of the Site, including, but not limited to, any user submissions, without the Company's prior written consent; (r) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the content therein; or (s) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this agreement. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. The Company reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
3. User Representations.
You represent and warrant to the Company that: (i) you are over the age of thirteen (13) and have the power, authority or consent to enter into and perform your obligations under this agreement; (ii) all information provided by you to Company is truthful, accurate and complete; (iii) you shall comply with all terms and conditions of this agreement; (iv) that by registering for and accessing the Site, you expressly acknowledge, consent to and agree to be bound by the terms of this agreement; (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number; and (vi) if you contribute a user submission on the Site or through the Site, you represent and warrant that you own or otherwise control the rights or have the necessary consents to upload or post such user submissions in the manner contemplated by the Site and this agreement.