It is important that You read and understand the Terms of this Licence before you download the Software. The Software is only provided under the Terms of this Licence and by downloading, installing or using this Software you agree to be bound by this Licence. If you do not accept every one of these Terms you must not download or use the Software, and must remove and destroy all copies of the Software which you may have.
This Licence is granted on the date on which You first download, install or use this Software.
1.1 "Licence" means this licence between You and the Provider relating to Your use of the Software;
1.2 "Licence Period" means the period from Your download of the Software until the Provider serves notice under Clause 6.1;
1.3 "Provider" means the entity identified as the Application Provider on the "Downloads" screen;
1.4 "Software" means the software which you have requested from the Betavine website and which accompanies this Licence;
1.5 "Terms" means the terms and conditions of this Licence; and
1.6 "Vodafone" means Vodafone Group Services Limited (registered office at Vodafone House, The Connection, Newbury, RG14 2FN, England); and
1.7 "You" means an individual person who accepts this Licence and downloads the Software.
2.1 The Provider grants You a non-exclusive, non-transferable, worldwide, royalty-free, fully paid-up, limited Licence (without the right to sub-license) for the Licence Period to use and evaluate the Software for your personal and non-commercial testing and evaluation.
2.2 You may make one copy of the Software for backup.
2.3 You may not sell, distribute, modify, supply, adapt, incorporate, amend, merge or otherwise alter the Software.
3.1 The Provider and Vodafone welcome Your feedback on the performance of the Software (including, without limitation, the identification of any errors, bugs, improvement or modification), as well as Your general comments and observations on the Software (together, "Feedback"). You grant to the Provider and Vodafone a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, license, modify, adapt, publish and use such Feedback in any way.
3.2 You agree to notify the Provider and Vodafone as soon as possible of any problem known to You that relates to the Software.
4.1 The Software is still under development, is released for test and evaluation purposes only, is not a commercial-grade product and is provided without charge. Consequently, the Software 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 Software entirely at Your own risk.
4.2 You are recommended to back up any data prior to using the Software.
4.3 Subject to Clause 4.6, neither the Provider nor Vodafone shall be liable for direct, indirect, consequential or incidental loss or damage arising from or relating to Your use of the Software.
4.4 Neither the Provider nor Vodafone warrants that the Software will be free from any disabling devices or other malicious code (including without limitation spyware, adware, worms, Trojan horses, logic bombs and viruses). You are solely responsible for virus scanning the Software.
4.5 The limitations and exclusions of liability in this Clause 4 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.
4.6 Neither the Provider nor Vodafone excludes or limits its liability for death or personal injury to the extent arising from negligence.
You acknowledge that any and all of the copyright, trade marks, trade names, patents, database rights and other intellectual property rights subsisting in or associated with the Software (including without limitation all relevant documentation and manuals) are and remain the Provider's or Vodafone's property, or that of their licensors (as appropriate).
6.1 The Provider or Vodafone may terminate this Licence at any time on giving You notice in writing (email acceptable).
6.2 At the end of the Licence Period, You will delete the Software and all updates, upgrades or copies of it in any form and all documentation relating to the Software held by You.
7.1 This Licence is personal to You and You have no rights to assign, transfer or sub-contract this Licence.
7.2 This Licence is governed by and shall be construed in accordance with the laws of England and Wales.
7.3 Vodafone may enforce the terms of this Licence as a named third party beneficiary under the Contracts (Rights of Third Parties) Act 1999.
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