Finally, the NDA defines the confidentiality of the test and its data. Here, you determine what your testers can talk about, what they keep to themselves and for how long. 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. 2. The recipient agrees that it is strictly confidential at all times and does not transmit confidential information (as defined below) to third parties, unless this information has been approved in writing by the Entity and does not use the confidential information for any purpose other than the Service`s evaluation. The recipient only authorizes staff members who need to be aware of and who have signed confidentiality agreements or who are subject to confidentiality obligations at least as restrictive as those contained in them.
“confidential information,” any non-public material and information made available to the recipient or made available to the recipient by the company, including products and services, information about technology, know-how, processes, software programs, research, development, financial information and information provided by the entity through third parties; This clause stipulates that the software is made available to the tester “as it should be.” You do not guarantee the software and the tester waives any claims against your company resulting from the use of the Software. For example, if the claimed functions are not performed. 3. The recipient`s obligations with respect to some of the confidential information end when the recipient is able to demonstrate that: (a) it was available to the public at the time of transmission to the recipient; (b) it entered the public domain without fault of the recipient after the recipient was transmitted to the recipient; (c) it was held by the recipient at the time of transmission to the recipient; (d) was, quite rightly, communicated to the recipient, without any obligation of trust, after the communication to the recipient; or (e) it was developed by staff or recipient agents who did not have access to the information provided to the recipient. Upon evaluation of the Service by the recipient or at the request of the entity, the recipient immediately returns to the Entity all documents, notes and other material documents and renders the destruction, in electronic form, of all documents, notes, software, data and other materials that constitute confidential information and all copies of those documents. 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.
The licensee is responsible for all costs and expenses related to the use of the beta product and the completion of all testing and evaluation activities. You will certainly have some criteria that will define who can participate in your beta test, and you will indicate them here.