DIY Legal Forms

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Beta Test Agreement

(This agreement provides for a person to act as a private (secret) beta site for a program. It includes liability limits since the program is a test, and options for other issues like free copies, access to the site to for the programmer.)


[Name], referred to as "the developer" of a computer program described as:

[Name], referred to as "the computer software"

and [Name], referred to as the "test-site" desire to enter into an agreement whereby [Name] will "beta-test" the computer software, it is agreed:

That [Name] will provide full working copies of the computer software to test-site for beta-test.

That test-site agrees that it will keep the existence of the beta-test confidential, and will require that the users of the software agree to this condition, and will use the software otherwise in the ordinary course of the business of test-site.

Test-Site acknowledges that the software is the property of and is copyrighted by [Name].

Test-Site will keep a log of usage, and will provide the log to [Name] at regular intervals. [Name] will report any failures of the software to operate properly to Developer.

[Name] will have the right, after the close of usual business hours, once monthly during the beta-test period, to make back-ups of the computer program, and the reports and files generated by the computer program. Any reports and files generated by the program will be destroyed by [Name] after the beta test and will not be disclosed to any third parties.

[Name] reserves the right to recall the software at any time, and to require [Name] to permanently erase with a file wiping utility that permanently erases files the software.

[Name] by releasing the software for beta test does not guarantee support for the product.

The beta-test period shall begin on [Date] and is scheduled to end on [Date]. [Name] may be extended by the parties upon agreement.

As compensation for the services supplied by the beta-test site, the beta-test site will be provided a copy of the final tested and released version of the software with the same support as is provided by [Name] to its commercial customers. However, should [Name] determine not to release the software to the general public, [Name] may continue to use the final version delivered by [Name], unless [Name] determines to recall the same as is provided herein.

Test-site acknowledges that the program is not in final or fully tested form. Accordingly, failures may occur, and data or other results generated by the program may be inaccurate. Given that this is a "test" of the software, TEST SITE AGREES THAT IT WILL NOT MAKE ANY CLAIM BASED ON FAILURES AGAINST DEVELOPER BASED ON THE FAILURE OF THE SOFTWARE TO CONFORM TO ITS DESCRIPTION OR SPECIFICATIONS.

Dated: ________



*** If Required By State Law ***

This Section for Notary:


State of _________

County of ________ [County]

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

Signature ________

My commission expires: _____