Give two attorneys a task to draft and contract/agreement and they don't look a like. A lot of the common causes in a contract can be written in a summarized general format or could be very specific. A confidentiality clause/NDA could be very basic or very expansive in terms of what it lays out. It all really depends on comfort level between the parties and what issues maybe particularly concerning for each party. If you think improper disclosure is a big concern than a more through NDA would be a good idea.
1) If you want to use the 2nd NDA you need to edit it further. Its original purpose was as an NDA inconnection with something like a situation in which a developer needs to tell a publisher about the project in order to see whether they are interested in funding said project but don't want the publisher to tell anyone about the project.
2) First agreement refers to the game. Better off calling it a project or something else. I am not sure what the industry term for this would be.
3) Company should not be just defined as a company, I would consider another name one that includes a company or an individual.
Edited by tboxx, 27 February 2013 - 11:44 AM.