The Software Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the “Software”), is copyrighted. Scope of this agreement is the licensing (not selling) of the “Software” to You, as the ‘user’ (either an individual or an entity). Murasu Systems Sdn. Bhd. and Grow Momentum (S) Pte. Ltd. (collectively known as Murasu) reserves all rights not expressly granted.
Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Alpha or Closed Beta Testing (collectively “Beta Programme”). However, we do not guarantee that you will be selected to participate in the final Beta Testing.
Ownership and Copyright of the Software and all copies thereof remain with Murasu. The Software is copyrighted and is protected by Malaysia and Singapore copyright laws and international treaty provisions. You will not remove copyright notices from the Software. You agree to prevent any unauthorised copying of the Software. Except as expressly provided herein, Murasu does not grant any express or implied right to you under Murasu patents, copyrights, trademarks, or trade secret information.
Limited License. As a Beta Tester, you are entitled to access, download or install, and operate the Software solely for the purposes of performing your obligations under this Agreement. You may not sell, license, or transfer the Software, or reproductions of the Software to other parties In any way. You may download or Install, and operate the Software on the devices the Software is configured and activate it with the email address and serial number provided to you on sign-up.
Limitation on Liability Provision of any Software under this Agreement is experimental and shall not create any obligation for Murasu to continue to develop, productise, support, repair, offer for sale or in any other way continue to provide or develop Software either to you or to any other party. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Murasu OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Murasu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term and Termination
Unless otherwise terminated as specified under this Agreement, your rights with respect to the Beta Software will terminate upon the earlier of (a) the initial commercial release by Murasu of a generally available version of the Beta Software or (b) automatic expiration of the Beta Software based on the system date. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to Murasu (or destroy), the Beta Software, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
Beta Testers Duties
You, as a Beta Tester, agree to report any flaws, errors or imperfections discovered in any software or other materials where you have been granted access to the Beta Test. You understand that prompt and accurate reporting is the purpose of the Beta Tests and undertake to use best efforts to provide frequent reports on all aspects of the Software both positive and negative and acknowledge that any improvements, modifications and changes arising from or in connection with your contribution to the Software, remain or become the exclusive property of Murasu.
You will not disclose Software or any comments regarding Software to any third party without the prior written approval of Murasu. You will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. You will not be liable for the disclosure of any confidential information which is:
(a) in the public domain other than by a breach of this Agreement on your part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to you without any limitation on use or disclosure prior to its receipt from Murasu; or (d) generally made available to third parties by Murasu without restriction on disclosure.
No Support and Maintenance
During your participation in the Beta Program or in a particular seed, Murasu is not obligated to provide you with any maintenance, technical or other support for the Software. If, at Murasu’s option, such support is provided. it will be provided in addition to your normal warranty coverage for your computer and/or device. You agree to abide by any support rules and policies that Murasu provides to you in order to receive such support. You acknowledge that Murasu has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Software licensed hereunder.
Fees and Costs
There are no license fees for your use of the Software under this Agreement.
You are responsible for all costs and expenses associated with the use of the Software and the performance of all testing and evaluation activities.
This Agreement is personal to you. You shall not assign or otherwise transfer any rights or obligations under this Agreement.
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.
Choice of Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of Malaysia in the case of Murasu Systems Sdn Bhd and Singapore in the case of Grow Momentum (S) Pte Ltd.