This Beta Test Agreement (“Agreement”) is made and effective this {Date on which agreement is made} (Date) by and between {Name of developer (the party which has developed the product/technology)?} (“Developer”) and {Name of recipient (the party which will beta test the product)?} (“Recipient”). Developer is the owner of a prototype product identified as {What is the name of the product which is tested ?}(“Product”) that it desires to have tested by a prospective user in what is commonly referred to as a “Beta Test”.
The Product contains valuable, confidential, trade secret information owned by Developer. The Recipient desires to test and evaluate the Product’s suitability for use in its business. Therefore, in consideration of the promises set forth herein, the parties agree as follows:
- Arrangement.
Developer agrees to provide to the Recipient the Product, and Recipient accepts the Product, subject to the terms of this Agreement. Recipient agrees to test and evaluate the Product as provided herein, report to Developer with respect to the usefulness and functionality of Product, and return the Product to Developer at the conclusion of the Beta Test, all pursuant to this Agreement. - Non-Disclosure.
A. Recipient acknowledges and agrees that in providing the Product, Developer may disclose to Recipient certain confidential, proprietary trade secret information of Developer (the “Confidential Information”). Confidential Information may include, but is not limited to, the Product, computer programs, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information, and business plans. During this Agreement and for a period of {Number of months for which the confidential information/ product be kept with recipient?} thereafter, Recipient agrees that it will not, without the express prior written consent of Developer, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information: a) is or becomes generally available to the public through no fault of Recipient; b) is rightfully received by Recipient from a third party without limitation as to its use; or c) is independently developed by Recipient. At the termination of this Agreement, Recipient will return the Product and all other Confidential Information to Developer.
B. Recipient also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble, decompile, reverse engineer, or otherwise tamper with the Product or any firmware, circuit board or software provided therewith….
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