You will certainly have some criteria that will define who can participate in your beta test, and you will indicate them here. A “No-Conflict” provision must be included to keep your competitors away from your beta test. You should also mention the registration channels and the process by which your testers can join the program. This clause is often ignored for closed beta versions, as participating testers have been previously verified and selected by the developer. However, for an open beta agreement to be opened, these rules and mechanisms must be clearly stated and clarified. Here is an example of Square Enix: 7. The beneficiary`s obligations under this agreement remain at each termination of this agreement. 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. There are inexpensive ways that can provide you with strong intellectual property protection. Confidentiality agreements and the protection of trade secrets can work very well, especially in combination with exceptional innovation design and speed.
This type of contract should define the ownership of the application, limit the use of the application to the “limited exit” period and limit it to that person, limit the liability of your start-up, describe the impact on product abuse and provide a forum for litigation. It should be noted that all staff, directors, consultants and external experts should be required to sign agreements requiring them to pass on all intellectual property related to the company. You also want to extend IP protection through agreements with non-employees, including suppliers, outsourced designers, engineers and consultants, as well as through testing facilities. When planning a beta test, a common error by app developers is not taken into account with respect to the legality of the test.