But if they did so then they would be in violation of the Waypoint license and then the court wouldn't uphold the contract because it violated the law. It would also indicate bad faith so the judge would make them pay costs and more.

IIUC, you're supposed to share the certificate proving it's a version of the waypoint nda, and the text is only on the website, so no one else can change it.

PSA: Don’t infringe the copyright license for the form. Don’t infringe the trademark for “Waypoint”. Don’t commit fraud in the inducement.

Obvious fraud like that would never hold up in court.