This clause, also known as the beta “non-responsibility clause,” explicitly states that the “AS IS” application provided is authorized and contains errors and stability issues. 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: you`ll certainly have some criteria that will define who can participate in your beta test, and you`ll indicate them here. A “No-Conflict” provision must be included to keep your competitors away from your beta test. You should also mention the registration channels and the process by which your testers can join the program. This clause is often ignored for closed beta versions, as participating testers have been previously verified and selected by the developer. However, for an open beta agreement to be opened, these rules and mechanisms must be clearly stated and clarified. Here`s an example of Square Enix: Here you want to define your property on the application, its code, its design, its brands and all the intellectual characteristics associated with it. 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: Parties entering the beta test agreement may indicate their preferential settlement method in this clause. You can indicate a jurisdiction and jurisdiction to which disputes are settled in accordance with the laws of that jurisdiction.
Alternatively, both parties may agree to submit to binding arbitration, in which they resolve their disputes through mutually elected arbitrators. In addition, a mixture of the two approaches can be used if you indicate the arbitration procedure as non-binding. Here is an example of Splunk: if a court considers a clause or provision of the agreement to be illegal or unenforceable, the 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 Tester agrees to report any errors, errors or defects detected in any software or other hardware, where Beta Tester has been allowed to access the beta test. Beta Tester understands that prompt and accurate notification is the purpose of beta testing and is committed to using the best efforts to provide frequent reporting on all aspects of the product both positively and negatively and recognizes that any improvements, modifications and modifications resulting from or in connection with the beta-tester contribution to the project remain or will be the exclusive property of the part of the publication “Even if your application is fairly flawless and well accepted , beta-private will give you more control over your marketing message when publishing. This way, you can control how and when your app appears and what messages you`re trying to transmit through your marketing efforts. The software product that is included in this Draft Contract and all related documents, including documentation and information (together the “Product”), are copyrighted. The scope of this agreement is the license (not the sale) of the “product” to you as a “user” (a natural person or a legal person). PARAGON reserves all rights not expressly granted. 8.1 AVG Beta Software, all information on beta test progress and results, feedback, product information and any other proprietary technology or know-how provided to you in any form by AVG Technologies via the beta portal or as part of AVG Beta Software`s testing and evaluation are confidential (“Confidential Information”).