Now let`s look at the clauses that are most often contained in a beta test agreement, their meaning and meaning. This clause introduces the parties to the agreement and the desired outcome of the agreement. It also contains a definition of all the specific terms used in the agreement. Terms such as beta-test, beta-feedback, etc., are explained in detail to specify what they refer to throughout the agreement. Here is an example of Paragon software: 2. The recipient agrees that it will be strictly confidential at all times and will not disclose confidential information (as defined below) to third parties unless this has been approved by the company in writing and will use the confidential information for purposes other than the evaluation of the service. The recipient only authorizes staff members who need to be aware of and who have signed confidentiality agreements or who are subject to confidentiality obligations at least as restrictive as those contained in them. “confidential information,” any non-public material and information made available to the recipient or made available to the recipient by the company, including products and services, information about technology, know-how, processes, software programs, research, development, financial information and information provided by the entity through third parties; In this clause, the developer defines his right to change the terms of the beta agreement and whether this requires the tester`s approval. It should also inform the developer`s responsibility, if it exists, to notify testers of these changes and the channels accepted for this notification. In general, the more beta testers you include, the more flexible you should be to change. Here`s another example of Talend: here you want to discover your application property, code, design, brands and all the associated intellectual characteristics. They also want to make it clear that no rights are granted to testers unless they are explicitly mentioned in the agreement. Here is an example of Parallels software: This beta test agreement (“Agreement”) governs the disclosure of information by LiquidSpace, Inc.
(“Company” at ` (the “recipient”). In the event that a court considers a clause or provision of the agreement to be illegal or unenforceable, dissociability ensures that only that clause is declared invalid, while the rest of the agreement remains in force. It can also be formulated in such a way that a revision of the clause makes it enforceable rather than completely nullifying it. Here`s an example of Ampetronic: Feedback is the subject of the beta test, and this clause indicates the responsibilities of testers in terms of feedback.