Github Terms Github Research Program Terms (GitHub)
The GitHub Research Program Terms set out the rules for participating in GitHub’s research programme, covering confidentiality of pre-release information, rights to participant feedback, privacy, and liability limits. They are published and maintained by GitHub, a widely trusted source in the open-source and developer ecosystem.
[company name] Research Program Terms
Welcome to the [company name] Research Program (the "Program")! To participate, we’ll need you to agree to a special set of terms, the [company name] Research Program Agreement (“Agreement”).
This Agreement is a legal agreement between you (“you”, "your") and [company name], Inc. (“[company name]”, “we”, or “us”). Be sure to read this Agreement carefully – you can only be a Program participant if you accept all the terms of this Agreement. By participating in the Program in any way – for example, by accessing information about [company name] products or services that aren’t yet available to the general public – you’re agreeing to be bound by all the terms of this Agreement.
Your Feedback
We’re always trying to improve our products and services, and your feedback as a Program participant will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services through the Program (collectively, “Feedback”), then we need the legal rights to use and analyze that information for those purposes. In legalese, that means you grant [company name] a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.
Confidentiality
[company name] may provide you with access to special information that isn’t available to the rest of the world for the purpose of providing feedback to us through the Program (the "Purpose"). Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.
You agree that any non-public information we share with you or that you may have access to as a Program participant will be considered [company name]’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the Purpose stated above, and not for any other purpose. You should use the same degree of care as you would with your confidential information but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party.
You understand that unauthorized disclosure or use of our Confidential Information could cause us irreparable harm, and significant injury that may be difficult for us to quantify. Accordingly, you agree that we’ll have the right to seek immediate injunctive relief to make sure you comply with this Agreement, in addition to any other rights and remedies we may have. If you are required by law, regulation or a valid binding order of a court of competent jurisdiction to disclose our Confidential Information, you may do so, but only if you notify us before you do, and do your best to limit such disclosure and to seek confidential, protective treatment of such information.
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About this template
What is this template?
This document is a participation agreement that combines a feedback license with a one-way non-disclosure agreement. It is not an employment contract or a standard software license, but it does include a perpetual license grant for any intellectual property contributed as feedback.
When should you use it?
Use this when inviting users to test pre-release features or join focus groups where they will see confidential roadmaps. The nearest alternative is a standard One-Way NDA, but this version is better for research because it includes a broad license to use suggestions.
What's inside
| Clause | Name | What it does |
|---|---|---|
| A | Your Feedback | Participant grants a perpetual, worldwide license to the company to commercially exploit any suggestions or code contributions provided during the Program. |
| B | Confidentiality | The participant must maintain secrecy of non-public information and agrees that the company may seek injunctive relief for unauthorized disclosures. |
| D | Privacy | The company may use personal information for research contact, and the participant may withdraw consent or request data deletion at any time. |
| F | Disclaimer of Warranties | All Confidential Information and materials provided through the Program are delivered as is without any warranty of merchantability or fitness. |
| G | Limitation of Liability | The company excludes liability for loss of profits, data, or exemplary damages, even if informed of the possibility of such losses. |
| H.1 | Governing Law | This agreement is governed by the laws of California and the United States, with exclusive jurisdiction in San Francisco. |
Who it's for
- an individual accessing unreleased software products to provide feedback
- a developer contributing code or algorithms to a research program
- a participant in California subject to San Francisco court jurisdiction
How long it runs and how it's signed
California note
This version is drafted for California. US contract and employment rules vary by state, so it will not transfer cleanly elsewhere. Tell GitLaw where the parties are and it adjusts the draft.
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