It is important that You read and understand these Terms of Use before You reference the API in Your application or otherwise use the API in any way. The API is only provided under these Terms of Use and by referencing or otherwise using this API You agree to be bound by these Terms of Use. If You do not accept these Terms of Use in their entirety, You must not reference or otherwise use this API.
These Terms of Use commence on the date on which You first reference or otherwise use this API or any Relevant Application.
1.1 “API” means the application programming interface which is made available through www.betavine.net;
1.2 “Duration” means the period from the date on which You accept (or are deemed to accept) these Terms of Use until Vodafone serves notice under Clause 7.1;
1.3 “IPR” means any patent, registered design, copyright, design right, database right, trade mark, service mark, application to register any of the aforementioned rights, trade secret, right in unpatented know-how, right of confidence, and any other intellectual or industrial property right of any nature whatsoever in any part of the world;
1.4 “Relevant Application” means an application which, references, passes arguments to or otherwise uses the API;
1.5 “Vodafone” means Vodafone Group Services Limited (registered office at Vodafone House, The Connection, Newbury, RG14 2FN, England); and
1.6 “You” means the person with the permission to use the API under these Terms of Use.
2.1 Vodafone grants You a non-exclusive, non-transferable, worldwide, royalty-free and limited licence (without the right to sub-license) to use the API for the Duration for your personal and non-commercial testing, development, use and/or evaluation of Relevant Applications. You may not use the API under these Terms of Use with or in relation to the development of any Relevant Application in relation to which you charge a royalty or other usage fee. Please contact webmaster@betavine.net if you would like to discuss such form of development or usage. Any unauthorised use of the API may be treated as an offence under the provisions of the Computer Misuse Act 1990.
2.2 Whilst You will not be charged a licence fee by Vodafone for Your licence to use the API, some uses of the API may incur charges (for example, data transmission costs, SMS or other messaging costs), You are responsible for any such charges, and agree not to attempt (or permit others) to circumvent any such charges. Credits for some of these charges may be available on www.betavine.net – see the site for details.
2.3 You may not sell or otherwise offer access to, distribute, modify, adapt, amend, or otherwise alter the API, or attempt to do any of the foregoing.
2.4 You may not use the API for any purpose, or in any application, the purpose or functionality of which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence or applicable law or which is otherwise objectionable or unlawful.
2.5 If You develop a Relevant Application:
2.5.1 You may distribute such Relevant Application under licence terms of your own choosing, provided that You make no reference to Vodafone, and do not offer any form of guarantee, warranty or other obligation from or on behalf of Vodafone without Vodafone’s express prior written consent; and
2.5.2 You will produce the Relevant Application with reasonable skill and care and in good faith.
3.1 You shall hold harmless, indemnify and keep Vodafone indemnified against all liability, loss, damages, claims, proceedings or actions, settlements, costs and expenses (including legal expenses) awarded against or incurred or paid by Vodafone as a result of or in connection with:
3.2 Your breach of this licence, any terms implied by law or any warranty given by You in relation to a Relevant Application;
3.3 any infringement or alleged infringement of any IPR arising out of your use of the API or any Relevant Application; and
3.3 any breach by You of any applicable laws.
4.1 Vodafone welcomes Your feedback on the performance of the API (including the identification of any errors and bugs), as well as Your general comments and observations on the API. Any such feedback may be sent to webmaster@betavine.net, or otherwise posted on the blogs and discussion forums on www.betavine.net. You grant to Vodafone a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, license, modify, adapt, publish and use such feedback in any way.
4.2 You agree to notify Vodafone as soon as is reasonably possible of any problem known to You that relates to the API.
4.3 You agree that Vodafone may collect personally and non-personally identifying information about Your use of the API. This helps us to better manage and develop our API, and to help us develop and deliver better products and services tailored to our customers’ interests and needs. All collection and usage of such identifying information is governed by the Privacy Policy available at www.betavine.net.
5.1 The API is still under development, is released for test and evaluation purposes only, is not a commercial-grade product and is provided without royalty fee. Consequently, the API is provided “as is” without any warranty of any kind, express or implied or statutory, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. You use the API entirely at Your own risk.
5.2 Vodafone does not guarantee the uptime or uninterrupted service of any services offered by or via the API (including, without limitation, access to the API).
5.3 Vodafone may, from time to time, vary the functionality of the API, which may affect any applications (including, without limitation, any Relevant Applications) using the API. Whilst Vodafone will endeavour to provide notice of changes to the API via the Betavine website (or otherwise), Vodafone reserves the right to change the API without notice.
5.4 Subject to Clause 5.7, Vodafone shall not be liable for any damages (whether direct, indirect, consequential, incidental loss or otherwise) arising from or relating to Your use of the API.
5.5 Vodafone does not warrant that the API will be free from disabling devices or other malicious code.
5.6 The limitations and exclusions of liability in this Clause 5 apply whether the damages arise from breach of contract, negligence, or any other cause of action to the extent that such limitations and exclusions are not prohibited by applicable law.
5.7 Vodafone does not exclude or limit its liability for death or personal injury to the extent arising from negligence.
6.1 You acknowledge that all IPR subsisting in or associated with the API (including without limitation all relevant documentation and manuals, but excluding Relevant Applications) is and remains Vodafone’s property, or that of its licensors (as appropriate).
6.2 You acquire no rights in, or ownership of, any IPR subsisting in or associated with the API (apart from in relation to Your Relevant Applications).
7.1 Vodafone may withdraw the API at any time (and therefore terminate these Terms of Use) on giving You notice in writing, which shall be deemed to include notice by email, posting a notice on or otherwise using any messaging service as may be available on Betavine or other electronic communications medium.
7.2 At the end of the Duration, You will cease to use the API, and shall refrain from using or distributing any Relevant Applications. For the avoidance of doubt, you may continue to offer support for any applications which You developed and distributed prior to the end of the Duration.
8.1 These Terms of Use are personal to You and You have no rights to assign, transfer or sub-contract these Terms of Use.
8.2 These Terms of Use (including without limitation their termination and any proceedings pursuant to such termination) are governed by and shall be construed in accordance with the laws of England and Wales and You irrevocably submit to the exclusive jurisdiction of the English Courts.
8.3 Any subsidiary of Vodafone Group Plc may enforce the terms of these Terms of Use as a named third party beneficiary under the Contracts (Rights of Third Parties) Act 1999.
Version 2.1
Copyright © 2006-2008 Vodafone Group
