Beta Code Clause Samples
The Beta Code clause defines the terms under which software or products labeled as "beta" are provided to users. Typically, this clause clarifies that beta versions are pre-release, may contain bugs, and are offered for testing and feedback purposes rather than for production use. It often limits the provider's liability for issues arising from the use of beta code and may restrict support or warranties. The core function of this clause is to set user expectations, allocate risk, and protect the provider from claims related to the instability or incomplete nature of beta software.
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Beta Code. 7.4.1 Portions or all of certain EDA Software may contain code for experimental testing and evaluation (which may be either alpha or beta, collectively “Beta Code”), which may not be used without SISW’s explicit authorization. Upon SISW’s authorization, SISW grants to Customer a temporary, nontransferable, nonexclusive license for experimental use to test and evaluate the Beta Code without charge for a limited period of time specified by SISW. SISW may choose, at its sole discretion, not to release the Beta Code commercially in any form.
7.4.2 If SISW authorizes Customer to use the Beta Code, Customer agrees to evaluate and test the Beta Code without compensation under normal conditions as directed by SISW and provide SISW with feedback.
7.4.3 Customer agrees to maintain Beta Code in confidence and shall restrict access to the Beta Code, including the methods and concepts utilized therein, solely to those employees and Customer location(s) authorized by SISW to perform beta testing. Customer agrees that any written evaluations and all inventions, product improvements, modifications, or developments that SISW conceived or made during or subsequent to Customer’s evaluation of the Beta Code, including those based partly or wholly on Customer’s feedback, will be the exclusive property of SISW. SISW will have exclusive rights, title, and interest in all such property. The provisions of this Section 7.4.3 shall survive termination of the Agreement.
Beta Code. If Customer chooses to participate in a pre-release test program, the following provisions apply to the pre- release test Software:
3.1 Tripwire may offer pre-release code for experimental testing and evaluation (“Beta Code”). If Tripwire authorizes Customer to use Beta Code, Tripwire grants to Customer a temporary, nontransferable, nonexclusive license for experimental use to test and evaluate Beta Code in a non-production environment without charge for up to 60 days unless otherwise specified by Tripwire in writing. This grant and Customer’s use of Beta Code shall not be construed as marketing or offering to sell a license to Beta Code, which Tripwire may choose not to release commercially in any form.
3.2 Customer agrees to evaluate and test Beta Code under normal conditions as directed by Tripwire. Customer acknowledges the experimental nature of Beta Code and agrees not to rely on correct functioning or performance of Beta Code. Customer will contact Tripwire periodically during Customer’s use of Beta Code to discuss any malfunctions or suggested improvements. Upon completion of Customer’s evaluation and testing, Customer will send a written evaluation, which may be in the form of an email, of Beta Code to Tripwire, including its strengths, weaknesses and recommended improvements.
3.3 Customer agrees to maintain Beta Code in confidence and shall restrict access to Beta Code, including any functionality, methods and concepts, solely to those employees authorized by Tripwire to perform Beta Code testing. Customer agrees that any written evaluations and all inventions, product improvements, modifications or developments that Tripwire conceived or made during or subsequent to this Agreement, including those based partly or wholly on Customer’s feedback, will be the exclusive property of Tripwire. Tripwire will have exclusive rights, title and interest in all such property.
Beta Code. Software may contain code for experimental testing and evaluation (“Beta Code”), which may not be used without Mentor Graphics’ explicit authorization. Upon Mentor Graphics’ authorization, Mentor Graphics grants to you a temporary, nontransferable, nonexclusive license for experimental use to test and evaluate the Beta Code without charge for a limited period of time specified by Mentor Graphics. This grant and your use of the Beta Code shall not be construed as marketing or offering to sell a license to the Beta Code, which Mentor Graphics may choose not to release commercially in any form. If Mentor Graphics authorizes you to use the Beta Code, you agree to evaluate and test the Beta Code under normal conditions as directed by Mentor Graphics. You will contact Mentor Graphics periodically during your use of the Beta Code to discuss any malfunctions or suggested improvements. Upon completion of your evaluation and testing, you will send to Mentor Graphics a written evaluation of the Beta Code, including its strengths, weaknesses and recommended improvements. You agree that any written evaluations and all inventions, product improvements, modifications or developments that Mentor Graphics conceived or made during or subsequent to this Agreement, including those based partly or wholly on your feedback, will be the exclusive property of Mentor Graphics. Mentor Graphics will have exclusive rights, title and interest in all such property. The provisions of this section 3 shall survive the termination or expiration of this Agreement.