Writing the Software Beta Testers Contract document
SOFTWARE BETA TESTER AGREEMENT
Please review and sign the following Tester's Agreement if you are interested in receiving a pre-release copy ("Beta") of our software ("Software Product" or "Software"). You must read and agree to the following Terms and Conditions. If you have any questions concerning the Agreement, please contact us at Email Address for further assistance. THIS AGREEMENT is made this Current Day day of Current Month, Current Year by and between Company Name ("Tester") and Company Name ("Company").
I, the undersigned ("Tester"), do hereby declare that I have read, understand and agree to the following terms and conditions:
I agree and understand this may not be a full and final release version of the Software Product and that this product is strictly for the purpose of testing, reviewing and evaluating ("the testing") the Software Product for the benefit of Company. I agree not to use this product for Commercial Purposes and understand that it is for review and testing purposes only. I agree not to distribute the Software or make it available in any format to any other party whatsoever. This includes, but is not limited to multiple installations, installing it on another team member, developer, employee or other third party computer.
This Agreement is for a SINGLE user, SINGLE installation license.
Terms and Conditions
Company shall provide Tester with a copy of the Software, Registration key, documentation and any necessary passwords required to fully operate the Software. Tester is granted a single user copy of the Software.
Company will endeavor and make every effort to respond to Tester's questions and problems via email.
Tester's Duties and Obligations
Tester agrees to assist Company in its ongoing development of Company's programs ("Software Product"). Tester is willing to provide input in written and verbal form to Company to the best of their ability. Both parties acknowledge that the Software Product may contain "bugs" ("Errors") and other issues and instances that may adversely affect the use or performance of the Software Product, the Tester's computer, software, operating system or hardware. Tester should take every care and precaution to preserve his or her data in order to avoid any loss or damage as a result of his or her using the Software Product.
Tester and Company acknowledge and agree that the Software and all other documents, communications and information ("Confidential Information") related to the development of Company, or third-party materials transmitted or made available to Tester in connection with this Agreement will constitute valuable trade secrets of Company. Tester shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without Company's prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
Company has the right to terminate this Agreement for any reason with 48 hours prior written notice. Company will have no further obligation, whether financial or otherwise, to Tester after such cancellation. Company may terminate this Agreement immediately upon Tester's refusal or inability to perform ("Breach") any of the provisions of this Agreement.
Limited Warranty and Limitation on Damages
Company warrants the Software will conform to the Specifications listed in the product documentation, the Company web site or other collateral related to the Software. This warranty shall be the exclusive warranty available to Tester. Tester waives any other warranty, express or implied.
Tester acknowledges that Company does not warrant that the Software will work on all platforms, unless a specific platform is set forth in writing by Company. Tester acknowledges that Company is not responsible for the results obtained by Tester when using the Software. Tester acknowledges that Company is not responsible for fixing problems in the Software, whether discovered by Tester or not during the term of this Agreement.
Except as otherwise expressly stated herein, Tester waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is limited to the amount of any compensation received from Company.
This Agreement shall be governed by and construed in accordance with the laws of the State of State. Exclusive jurisdiction and venue shall be in the County County, State Superior Court.
This Agreement shall be binding upon and inure to the benefit of Tester and Company and their respective successors and assigns, provided that Tester shall not assign any of his obligations under this Agreement without Company's prior written consent. Use of Comments, Quotes and Testimony for Promotional and Instructional Purposes. Tester grants Company the right to use any and all comments, whether written or not, that Tester may make in regards to the Software Product to be used in promotional purposes or for use in other marketing venues or efforts developed by Company.
No Responsibility for Loss
Company is not responsible for any down time, lost files, improper links or any other loss that may occur in the operation of the Software; provided however any such difficulty is not a result of failure by Company to perform pursuant to the terms of this Agreement.
Relationship and Compensation
Tester understands and agrees that he or she shall not receive any compensation for performing the testing and that Tester's relationship with Company will be that of an independent. Nothing in this Agreement shall construe that at any time Tester and Company have an Employee-Employer relationship, that Tester is an employee of Company, or that any such partnership, joint venture or other relationship exists between Tester and Company. Tester acknowledges that he or she is not entitled to any of the benefits offered to Company's employees, nor shall Tester be eligible to receive worker's compensation, health insurance or other group benefits offered by Company.
Tester agrees not to represent themselves as an agent, representative or other legal representative of Company for any purpose whatsoever.
Each party represents and warrants that, on the date first written above, they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below: