Scope of this Agreement
The Software-Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the “Product”), is copyrighted. Scope of this agreement is the licensing (not selling) of the “Product” to You, as the ‘user’ (either an individual or an entity). MyMahotsav.com ( A portfolio of MavensWood Investments Ltd.) reserves all rights not expressly granted.”
Eligibility and Enrolment
Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Closed Beta Testing. However, we do not guarantee that you will be selected to participate in the Beta Testing.
All applicants are required to have a registered ID with MyMahotsav.com prior to submitting their application.
BY SELECTING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT: (1) YOU ARE 13 YEARS OF AGE OR OLDER, AND IF YOU ARE BETWEEN AGE 13 and 18, YOU HAVE OBTAINED CONSENT FROM YOUR PARENT OR GUARDIAN; AND (2) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.”
Copyrights and Ownership
License and Acceptable Use
Disclaimer of Liability and Warranties
Term and Termination
Unless otherwise terminated as specified under this Agreement. Licensee’s rights with respect to the Beta Software will terminate upon the earlier of (a) the initial commercial release by MyMahotsav.com 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. MyMahotsav.com shall immediately terminate this Agreement and any Licensee rights with respect to the Beta Software without notice in the event of improper disclosure of MyMahotsav’s Beta Software as specified under Section 6 (Confidentiality) below. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using, and will return to MyMahotsav (or, at MyMahotsav’s request, destroy), the Beta Software, Documentation, and all other tangible items in Licensee’s possession or control that are proprietary to or contain Confidential Information.
Feedback “BETA TESTERS DUTIES”
Beta Tester agrees to report any flaws, errors or imperfections discovered in any software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Project, remain or become the exclusive property of the Disclosing Party”
Confidentiality and Non-Disclosure
The Tester will not disclose Software or any comments regarding Software to any third party without the prior written approval of MyMahotsav.com. The Tester 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. The Tester 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 Tester’s part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) rightfully known to Tester without any limitation on use or disclosure prior to its receipt from MyMahotsav.com; or (d.) generally made available to third parties by MyMahotsav.com without restriction on disclosure.”
Support: No Support and Maintenance; Future Products
You may or may not be providing support for your app to your testers, either way, this is where you list your support terms. Regardless of what level of support you decide to provide, you want to state that it is provided at your sole discretion to assist them in their testing activities.
During your participation in the Beta Program or in a particular seed, MyMahotsav.com is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software. If. at MyMahotsav.com’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 MyMahotsav.com provides to you in order to receive such support. You acknowledge that MyMahotsav.com 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 Pre-Release Software licensed hereunder.
Fees and Payment
There are no license fees for Registered users/ Licensee’s use of the Beta Product under this Agreement.
Licensee is responsible for all costs and expenses associated with the use of the Beta Product and the performance of all testing and evaluation activities.
This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.”
This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
Governing Law and Jurisdiction / Arbitration
Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in London or Buckinghamshire.
Communicating the Beta Participation Agreement
We expect to keep communication open, feedbacks and updates to the software to be regularly published and accessible to the Beta testers.