7. The beneficiary`s obligations under this agreement will continue to apply after the termination of this contract. This agreement is governed by California laws and will be interpreted accordingly. The beneficiary agrees that a breach of this agreement causes irreparable harm to the company for which the recovery of damages would not be sufficient and that, therefore, the company is entitled to obtain requests for omission in a timely manner under this agreement, as well as an additional discharge which may be granted by a competent court. The beneficiary does not cede or transfer the rights or obligations arising from this agreement without the company`s prior written consent. In this clause, you indicate the type of license that will be granted to the tester and the restrictions that can be imposed. 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`s an example of Atari: You can`t or can`t provide support for your app for your testers, one way or another, that`s where you can list your support conditions. Whichever support you choose, you would like to indicate that it will be provided at your own discretion to assist them in their testing activities. Here`s an example of Apple: the software product that accompanies this agreement in draft version, and all associated materials, 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. Besides the legal aspects, always your beta tester to sign a BPA has many indirect benefits. First, we place expectations The tester relates to what they expect from the program and what is being asked of them. In addition, formalizing the agreement will help your testers recognize the importance of the roles they play and make them more likely to give useful feedback. 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 is an example of the Paragoni apps: this clause makes the Betatester understand that the software is only provided for evaluation purposes and that you are not responsible for the damage caused by the use of the software by the beta tester. For example, if it damages the tester`s hard drive. This clause describes the software tester`s tasks of collecting and reporting test data. There is nothing to add here. Now let`s look at the clauses that are most often contained in a beta test agreement, their meaning and meaning. This is a valid agreement between `Companies` and `Companies`