THIS AGREEMENT is made by and between Kraf Commercial Services (“Company”), and a registered user of edugroups.org (“User”).
GENERAL TERMS AND CONDITIONS
- Kraf Commercial Services has developed edugroups.org including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Platform”).
- Service Provider desires that the Platform be tested prior to general release.
- User wishes to serve as a Beta test site for Platform;
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
- Service Provider grants to User a non-exclusive, non-transferable license to use the Platform solely for Beta testing and Beta use from effective date of registration to 30 days after official release date of the products(s), subject to the term and conditions below.
- In consideration for receiving a copy of the Platform for testing, User agrees to serve as a “Beta Site” for the Platform and will notify Service Provider of all problems and ideas for enhancements which come to User’s attention during the period of this Agreement, and hereby assigns to Service Provider all rights, titles and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
- User agrees that Platform is the sole property of Service Provider until it is officially released and includes valuable trade secrets of Service Provider. User agrees to treat Platform as confidential and will not without the express written authorization of :
3.1 Demonstrate, copy, sell or market Platform to any third party; or
3.2 Publish or otherwise disclose information relating to performance or quality of the Platform to any third party; or
3.3 Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Platform or any portion thereof.
- Platform is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. Platform may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Platform is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of Platform remains with User. In no event shall Service Provider be liable for any damage whatsoever arising out of the use of or inability to use Platform, even if Service Provider has been advised of the possibility of such damages.
- The User, upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to User’s business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Service Provider. User may be requested to provide a quote to Service Provider that may be used in a press release.
- This License Agreement shall be governed, construed and enforced in accordance with the laws of Malaysia. Any notice required by this Agreement shall be given by email to registered User’s email address or such other address as may be given from time to time under the terms of this notice provision.
- This Agreement constitutes the entire and only agreement between the parties for Platform and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements, altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
- User shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
- Failure of Service Provider to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
- If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.
Users which have agreed to participate in the Open Beta test have caused their duly authorized representatives to execute this Agreement.
Kraf Commercial Services
Name: Anis Farid bin Abdul Malik
Title: Principal Administrator
Date: 15th August 2016