Khoo Systems Development - Beta Test Agreement
Upon occasion, Khoo Systems will enter into a Beta Test Agreement with clients (new or existing) to achieve the end goal of releasing new functionality to the wider software user base. Khoo Systems will, at their discretion, enter into such an arrangement under an agreement similar to below.
If you have any questions about the Khoo Systems Beta Test Agreement, please contact us here.
Arrangement and Definitions
Within this agreement, "Software" refers to the specific Khoo Systems platform which is being tested. "You" refers to the client/business entering into this arrangement with Khoo Systems. Scope of this agreement is the licensing (not selling) of the chosen Khoo Systems platform to You, as the ‘user’ (either an individual or an entity). Khoo Systems 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 Beta Testing Agreement. However, we do not guarantee that you will be selected to participate in the Beta Testing.
Participants are chosen at Khoo Systems' discretion.
Copyrights and Ownership
License and Acceptable Use
Disclaimer of Liability and Warranties
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 Khoo Systems 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. Khoo Systems shall immediately terminate this Agreement and any Licensee rights with respect to the Beta Software without notice in the event of improper disclosure of Khoo Systems Beta Software as specified under the Confidentiality section 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 Khoo Systems (or, at Khoo Systems' 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 and a 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.
The Tester will not disclose Software or any comments regarding Software to any third party without the prior written approval of Khoo Systems. 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 Khoo Systems; or
(d.) generally made available to third parties by Khoo Systems without restriction on disclosure.
During your participation in the Beta Testing Program. Khoo Systems is not obligated to provide you with any maintenance, technical or other support for the Software.
You agree to abide by any support rules and policies that Khoo Systems provides to you in order to receive such support. You acknowledge that Khoo Systems has no express or implied obligation to announce or make available a commercial version of the 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 Licensee’s use of the Beta Product under this Agreement, for the Term agreed. At Khoo Systems discretion, Setup & Development fees may be reduced by a given percentage as recognition for your testing input.
As with our Terms, these are governed under United Kingdom law and its jurisdictions.