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 Us relating to Your use of the Software;
1.2 "Licence Period" means the period from Your download of the Software until We serve notice under Clause 6.1;
1.3 "Software" means the software which you have requested from the Betavine website and which accompanies this Licence;
1.4 "Terms" means the terms and conditions of this Licence;
1.5 "We" or "Us" means Vodafone Group Services Limited (registered office at Vodafone House, The Connection, Newbury, RG14 2FN, England). Objects or entities belonging or relating to Us will be referred to as being "Ours"; and
1.6 "You" means an individual person who accepts this Licence and downloads the Software.
2.1 We grant 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 We 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 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 Us 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 We recommend that You back-up any data prior to using the Software.
4.3 Subject to Clause 4.6, We shall not be liable for direct, indirect, consequential or incidental loss or damage arising from or relating to Your use of the Software.
4.4 We do not warrant 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 We do not exclude or limit Our 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 right and other intellectual property rights subsisting in or associated with the Software (including without limitation all relevant documentation and manuals) are and remain Our sole property, or that of Our licensors (as appropriate).
6.1 We 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.
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Copyright © 2007-2008 Vodafone Group
