It is clear that this clause is only used in beta test agreements concluded and is used to preserve their confidentiality. Here, testers agree not to disclose any information about the application (features, code, architecture, etc.) or its tests (bugs, falls, performance, etc.) without the developer`s prior written consent. Testers often also recognize that any violation of this clause can cause irreparable harm to which the developer is entitled to omission and/or fair relief. Certain provisions relating to information that may be available to the public and the duration of the NDA`s implementation are adopted. In addition, you would like to indicate how long the NDA will remain in force and whether and for how long it will survive the termination of the contract. Here is an example of Syngli: this clause requires the tester to return the software when the tests are completed and remove it from any computer on which it was installed. Now let`s look at the clauses that are most often contained in a beta test agreement, their meaning and meaning. 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: Beta products have not yet been released and are available exclusively for internal and non-commercial testing.
Beta products cannot be exported to a commercial service level; can be changed before publication. BETA PRODUCTS ARE THEREFORE OFFERED “AS WE SHALL SEE” WITHOUT ANY GUARANTEES. SQUARE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL DEVICE OR WRITTEN BY AGENTS OR EMPLOYEES OF SQUARE MAY GIVE RISE TO A WARRANTY. THE RECIPIENT ACCEPTS ALL RISKS ASSOCIATED WITH DOWNLOADING, ACCESSING AND USING BETA PRODUCTS. SQUARE MAY, IN ITS SOLE DISCRETION, AT ANY TIME, TERMINATE OR DISCONTINUE THE BETA PRODUCT (S), DISCONTINUE RECIPIENT`S PARTICIPATION, OR REMOVE RECIPIENT`S FEEDBACK. This is only the legal language for “the duration of the beta test.” You want to specify here the originally expected duration of your beta test after the end of the license. If your beta test is not timed, you should also mention the test extensions and as advertised. In addition, you should define here the right of both parties to terminate this agreement and for what reasons. Beta testing contracts generally give both parties the right to terminate the contract following a notification, for one reason or another. Here is an example of Talend: (a) transmit all software information, their design and performance specifications, code and the presence of the beta test and its results to people other than the tester`s employees who perform the tests and who are subject to confidentiality restrictions at least as protective as those provided in this agreement; This agreement does not require Square to disclose confidential information or grant the recipient intellectual property rights to Square, except for the limited right to use confidential information for this purpose.