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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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BETA TEST AGREEMENT
__________, referred to as "the developer" of a computer program
described as:
_________, referred to as "the computer software"
and __________, referred to as the "test-site" desire to enter
into an agreement whereby __________ will "beta-test" the
computer software, IT IS AGREED:
That __________ 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 __________.
Test-Site will keep a log of usage, and will provide the log to
__________ at regular intervals. __________ will report any
failures of the software to operate properly to Developer.
__________ 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 __________ after the beta test and
will not be disclosed to any third parties.
__________ reserves the right to recall the software at any time,
and to require __________ to permanently erase with a file wiping
utility that permanently erases files the software.
__________ by releasing the software for beta test does not
guarantee support for the product.
The beta-test period shall begin on ______________ and is
scheduled to end on __________. ___________ 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 __________ to its commercial customers. However,
should __________ determine not to release the software to the
general public, __________ may continue to use the final version
delivered by __________, unless __________ 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 in consideration of the, 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: __________________________
______________________________________________
__________
______________________________________________
__________