Fillable SOFTWARE BETA TESTER NONDISCLOSURE AGREEMENT (Non-Disclosure Agreement)

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SOFTWARE BETA TESTER NONDISCLOSURE AGREEMENT (Non-Disclosure Agreement)

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Country of origin: US
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Copyright © 2018 NonDisclosureAgreement.com. All Rights Reserved.
SOFTWARE BETA TESTER NONDISCLOSURE AGREEMENT
This is an agreement, effective __________________, 20___, between __________________
(“Company”) and __________________ (“Tester”), in which Tester agrees to test software known as
____________________________________ (the “Software”) and keep Company aware of the test
results.
1. Company’s Obligations
Company shall provide Tester with a copy of Software and any necessary documentation and
instruct Tester on how to use it and what test data is desired by Company.
Upon satisfactory completion of the testing:
[Choose one]
☐ – Company shall furnish Tester with one free copy of the production version of Software,
contingent upon Company’s decision to proceed with production of Software.
☐ – Company shall _______________________________________________________________.
2. Tester’s Obligations
Tester shall test Software under normally expected operating conditions in Tester’s environment
during the test period. Tester shall gather and report test data as agreed upon with Company. Tester
shall allow Company access to Software during normal working hours for inspection, modifications,
and maintenance.
3. Software a Trade Secret
The software is proprietary and a valuable trade secret of the Company. It is entrusted to Tester only
for the purpose set forth in this Agreement. Tester shall maintain Software in the strictest confidence.
Tester will not, without Company’s prior written consent:
(a) disclose any information about Software, its design and performance specifications, its
code, and the existence of the beta test and its results to anyone other than Tester’s
employees who are performing the testing and who shall be subject to non-disclosure
restrictions at least as protective as those set forth in this Agreement;
(b) copy any portion of Software or documentation, except to the extent necessary to perform
beta testing; or
(c) reverse engineer, decompile or disassemble Software or any portion of it.
4. Security Precautions
Copyright © 2018 NonDisclosureAgreement.com. All Rights Reserved.
Tester shall take reasonable security precautions to prevent Software from being seen by
unauthorized individuals whether stored on Tester’s hard drive or on physical copies such as CD-
ROMS, diskettes or other media. Tester shall lock all copies of Software and associated
documentation in a desk or file cabinet when not in use.
5. Term of Agreement
The test period shall last from __________________, 20___ until __________________, 20___.
This Agreement shall terminate at the end of the test period or when Company asks Tester to return
Software, whichever occurs first. The restrictions and obligations contained in Clauses 4, 7, 8, 9 and
10 shall survive the expiration, termination or cancellation of this Agreement, and shall continue to
bind Tester, its successors, heirs and assigns.
6. Return of Software and Materials
Upon the conclusion of the testing period or at Company’s request, Tester shall within 10 days return
the original and all copies of Software and all related materials to Company and delete all portions of
Software from computer memory.
7. Disclaimer of Warranty
Software is a test product and its accuracy and reliability are not guaranteed. Tester shall not rely
exclusively on Software for any reason. Tester waives any and all claims Tester may have against
Company arising out of the performance or nonperformance of Software.
SOFTWARE IS PROVIDED AS IS, AND COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability
Company shall not be responsible for any loss or damage to Tester or any third parties caused by
Software. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT
OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF SOFTWARE OR ANY
PERFORMANCE OF THIS AGREEMENT.
9. No Rights Granted
This Agreement does not constitute a grant or an intention or commitment to grant any right, title or
interest in Software or Company’s trade secrets to Tester. Tester may not sell or transfer any portion
of Software to any third party or use Software in any manner to produce, market or support its own
products. Tester shall not identify Software as coming from any source other than Company.
10. No Assignments
This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or
obligations under this Agreement.
Copyright © 2018 NonDisclosureAgreement.com. All Rights Reserved.
11. General Provisions
(a) Relationships: Nothing contained in this Agreement shall be deemed to constitute either
party a partner, joint venturer or employee of the other party for any purpose.
(b) Severability: If a court finds any provision of this Agreement invalid or unenforceable, the
remainder of this Agreement shall be interpreted so as to best to effect the intent of the
parties.
(c) Integration: This Agreement expresses the complete understanding of the parties with
respect to the subject matter and supersedes all prior proposals, agreements,
representations, and understandings. This Agreement may not be amended except in a
writing signed by both parties.
(d) Waiver: The failure to exercise any right provided in this Agreement shall not be a waiver
of prior or subsequent rights.
(e) Attorney Fees and Expenses: In a dispute arising out of or related to this Agreement, the
prevailing party shall have the right to collect from the other party its reasonable attorney
fees and costs and necessary expenditures.
(f) Governing Law: This Agreement shall be governed in accordance with the laws of the
State of __________________.
(g) Jurisdiction: The parties consent to the exclusive jurisdiction and venue of the federal and
state courts located in [insert county and state in which parties agree to litigate] in any action
arising out of or relating to this Agreement. The parties waive any other venue to which either
party might be entitled by domicile or otherwise.
Company
Signature _________________________
Print Name _________________________
Title _________________________
Date _________________________
Tester
Signature _________________________
Print Name _________________________
Date _________________________
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SOFTWARE BETA TESTER NONDISCLOSURE AGREEMENT (Non-Disclosure Agreement)

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Completed 21 December 2020

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