Beta Software Terms and Conditions (Open Beta)
Please note that this document is currently awaiting an update for the
GDPR. In the meantime, new GDPR-ready
standard clauses for data protection and data processing
are available in our
GDPR & Data Protection Group.
These Beta Software Terms and Conditions (Open Beta) incorporate a basic
software licence which allows the user to use the software for testing and
evaluation purposes for a limited period of time. Due to the open and
public nature of the testing, the user is permitted to make unaltered
copies of the software for installation on multiple computers and is not
bound by obligations of confidentiality or non-disclosure.
Testing is an essential part of the software development process. Whether
the software in question is a new version constructed from the ground up or
a simple patch or service pack, it must be tested on a range of different
computers in order to identify bugs, errors, flaws or shortcomings.
In-house testing is important, but cannot allow the developer to adequately
assess the software’s performance in the real world. This is where beta
testing comes in. Often beta testing is done in the form of an “open beta”.
Users will generally download the software for free, subject to terms and
conditions (and usually an in-built time limitation).
This set of terms and conditions have been designed for use in open beta
tests. Specifically, these terms and conditions are designed to be included
on a website and “accepted” immediately prior to the downloading of the
beta software in question.
This template has been designed to protect the developer from potential
liability for data loss, damage to computers and similar factors. The user
is made aware in clear terms that the beta software is provided “as is” and
may put their computer at risk.
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the document.
Developers may prefer to conduct a more focussed “closed” beta test. In
such cases, users are either invited to test the software or must apply to
join the testing programme. The terms and conditions for such testing will
place more obligations on the user. An alternative set of beta testing
terms and conditions has been created to specifically govern closed beta
programmes. Beta Testing Agreements are also available, designed for use in
more specialised (generally business or industry-oriented) beta programmes.
These Beta Software Terms and Conditions (Open Beta) contain the following
3. Licence and Use of Software
4. Disclaimer of Warranties and Liability
5. Beta Test Period
6. Software Updates
8. Reporting and Feedback
9. Data Protection
11. Relationship of Parties
14. Law and Jurisdiction
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