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: under this clause, you indicate the type of license that will be granted to the tester and the restrictions that can be put on it. In addition, the developer must indicate here what an “acceptable use” of the product is. For a beta test, a non-exclusive, non-transferable, revocable, limited, revocable license is a usual choice, with the usual limitations of copying, reverse engineering and redistribution. As far as the use of the product is concerned, it should be linked to its documentation and limited by data and live environments. Here is an example of Atari: also called “Beta Disclaimer”, this clause explicitly states that the application “AS IS” is authorized and is known to contain errors and stability problems. Testing is the only goal behind the use of the application and the developer disclaims any responsibility for data loss, damage or loss of profit resulting from the use of the beta application. Similarly, the developer refuses all explicit and unspoken guarantees for the application to be tested and the tester uses the application at his own risk. As you send beta updates, it`s a good place to explicitly state that they are subject to the same conditions. Here`s an example of Paragoni apps: Now let`s take a closer look at the clauses most commonly contained in a beta test agreement, their meaning and importance.
Dispute resolution, applicable legislation and jurisdiction. The parties will endeavour to resolve all disputes relating to this agreement through informal negotiations in good faith. If the first negotiations do not resolve the dispute, the parties would choose a mutually agreed mediator in a mutually agreed place to try to resolve the dispute. If the dispute is not resolved, each party can only appeal to a federal court in the Northern District of California and each party submits irrevocably to the jurisdiction and jurisdiction. The laws of the state of California govern this agreement. The dominant party in a dispute may attempt to recover its legal fees and fees. Any breach of the confidentiality obligations of this Agreement or any unauthorized use of the services or intellectual property of one party by the other party may cause irreparable damage. Under no circumstances can this agreement be subject to the United Nations Convention on International Goods Contracts.