Overview

A Proof of Concept Agreement may be used when a provider of goods, services, or technology offers samples or access to newly developed technology to assess whether it will perform in accordance with its specification and deliver the results sought by the customer. The agreement differs from an Evaluation Agreement, which is typically used for feature complete, out-of-the-box software or products. In most cases, a Proof of Concept Agreement will include services to assist the client make use of the service. It may be provided free of charges, or with charges waived.

See, Is it a Software Evaluation or a Proof of Concept?

1. Agreement
Bargain: Evaluation of product or services
Term: Evaluation period
Price: Standard fees, discounted fees, fee waiver, no fees

2. Performances
What must the provider do?
+ Provide access to technology or provision of samples
+ Provide services (defined in the agreement or separate SOW)
What must the customer do?
+ Provide content or other materials for processing
+ Provide feedback
+ Grant license to derivative works and feedback
What can the provider do?
+ Terminate the agreement on notice
+ Collect de-identified statistical and performance data

3. Assurances
+ Provider representation of no IP infringement
+ Provider product or service warranties: none; product or services provided as-is
+ Provider disclaimer of all other warranties
+ Provider ownership of IP associated with product or services
+ Customer ownership of customer information

4. Remedies
+ Indemnity for 3rd IP claims

Guidance
A Guidance has not been defined yet.
1. Overview

A Proof of Concept Agreement may be used when a provider of goods, services, or technology offers samples or access to newly developed technology to assess whether it will perform in accordance with its specification and deliver the results sought by the customer. The agreement differs from an Evaluation Agreement, which is typically used for feature complete, out-of-the-box software or products. In most cases, a Proof of Concept Agreement will include services to assist the client make use of the service. It may be provided free of charges, or with charges waived.

See, Is it a Software Evaluation or a Proof of Concept?

1. Agreement
Bargain: Evaluation of product or services
Term: Evaluation period
Price: Standard fees, discounted fees, fee waiver, no fees

2. Performances
What must the provider do?
+ Provide access to technology or provision of samples
+ Provide services (defined in the agreement or separate SOW)
What must the customer do?
+ Provide content or other materials for processing
+ Provide feedback
+ Grant license to derivative works and feedback
What can the provider do?
+ Terminate the agreement on notice
+ Collect de-identified statistical and performance data

3. Assurances
+ Provider representation of no IP infringement
+ Provider product or service warranties: none; product or services provided as-is
+ Provider disclaimer of all other warranties
+ Provider ownership of IP associated with product or services
+ Customer ownership of customer information

4. Remedies
+ Indemnity for 3rd IP claims

2. Discussion A Guidance has not been defined yet.