Beta Software Testing Agreement (Developer Equipment)
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.
This Beta Software Testing Agreement (Developer Equipment) has been
designed to cater for a focussed closed beta test. The agreement is between
a software developer and a specific company for the beta testing of a
particular software product using computer equipment loaned to them by the
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). For software that is
more specialised however, a “closed” format may be preferred.
Under this agreement, the tester is supplied with the software and
equipment free of charge and is required to select suitable employees to
carry out testing in the course of their normal duties. Reporting
obligations are included, requiring the tester to collect information from
its employees with a view to compiling regular reports for the developer.
This template has been designed to protect the developer from potential
liability for data loss, damage to computer systems and similar factors.
The tester is made aware in clear terms that the beta software is provided
“as is” and may put their computers at risk (though in practice the risk
will be lower due to the use of the developer’s equipment). By entering
into the agreement, the tester accepts such risks.
Confidentiality and non-disclosure are an important part of any product
development process. Obligations of confidentiality are imposed by this
agreement, covering information directly relating to the software and to
any additional documentation arising under the agreement.
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.
An alternative version of this agreement is available which does not
provide for the loan of computer equipment by the developer to the tester.
Further beta testing documents are available, designed for use as terms and
conditions accompanying more “open” beta programmes.
This Beta Software Testing Agreement (Developer Equipment) contains the
1. Definitions and Interpretation
2. Nature of the Agreement
3. Licence and Use of Software
4. Disclaimer of Warranties and Liability
5. Beta Test Period
6. Loan of Equipment
7. Software Updates
8. Reports and Feedback
9. Confidentiality and Non-Disclosure
12. Relationship of Parties
15. Entire Agreement
16. Law and Jurisdiction
And the following Schedule:
1. Beta Testing Report
This document is in open format. Either enter the requisite details in the
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