Plusnet plc Applications Software Licence Agreement
1. Licensed Uses, Restrictions and Termination
Software, documentation, and local electronic files installed or utilised by the installer application are owned by Plusnet, and are licensed to you by Plusnet on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms set out in this Agreement. This Agreement defines legal use of the Software, all updates, revisions, substitutions, and any copies of the Software made by or for you. All rights not expressly granted to you are reserved by Plusnet or their respective owners.
a. YOU MAY install and personally use the Software and any updates provided by Plusnet (in its sole discretion) in object code form on a device owned or controlled by you and may use the Software for your own non-commercial use or benefit.
b. Your licence to use the Software under this Agreement continues until it is terminated by either party. You may terminate the Agreement by discontinuing use of any or all of the Software and by destroying all your copies of the Software. This Agreement terminates automatically if you violate any term of this Agreement, Plusnet publicly posts a written notice of termination on Plusnet's web site, or Plusnet sends a written notice of termination to you. If we end your rights to use the Software:
i. You must stop all activities authorised by these terms, including your use of the Software.
ii. You must delete or remove the Software from all devices in your possession and immediately destroy all copies of the Software which you have and confirm to us that you have done this.
iii. We may remotely access your devices and remove the Software from them and cease providing you with access to the Software.
c. YOU MAY NOT:
i. Decompile, reverse engineer, disassemble, modify, rent, lease, loan or distribute the Software (in whole or in part) or create derivative works or improvements of the Software or any portion thereof.
ii. Incorporate the Software into any component of or the firmware of any device manufactured by or for you.
iii. Use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms of this Agreement.
iv. Use or export the Software in violation of applicable UK, or other relevant laws or regulations.
v. Sell, lease, loan, distribute, transfer, or sub-license the Software or access thereto or derive income from the use or provision of the Software, whether for direct commercial or monetary gain or otherwise, without Plusnet's prior, express, written permission.
vi. Infringe our intellectual property rights or those of any third party in relation to your use of the Software (to the extent that such use is not licensed by these terms).
vii. Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software.
viii. Use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
ix. Collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
d. It is your obligation to ensure that your mobile phone or handheld device has an appropriate operating system and sufficient memory in order to download and use the Software.
The above clauses are subject to applicable statute and other express law.
2. Ownership and Relationship of Parties
Where the Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the UK and other countries, you agree to abide by all such applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Agreement. Plusnet owns all rights, title, and interest in and to their applicable contributions to the Software. This Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Plusnet, including (but not limited to) the Software or any Plusnet trademarks, and creates no relationship between you and Plusnet other than that of licensor to licensee.
You agree that you will use the Software, and any data accessed through the Software, for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit the Software, or any data obtained through the Software, to any third party. Your licence to use the Software, its components, and any third-party data, will terminate if you violate these restrictions. If your licence terminates, you agree to cease any and all use of the Software, its components, and any third-party data.
All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
3. Support and Software Updates
Plusnet may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Plusnet may change, suspend, or discontinue any aspect of the Software at any time, including the availability of any Software feature, database, or content. Plusnet may also impose limits on certain features and services or restrict your access to parts or all of the Software or the Plusnet Applications web site without notice or liability. Additionally, for certain versions of the Software, in order to enhance the security of the Software or to fix bugs, from time to time, Plusnet may automatically download and install updates to the Software.
From time to time Plusnet may automatically download the latest version of the Software and notify you when it's ready to install. If you wish to update your Software, you must agree to the terms of the then current Agreement, in order for the update to be installed on your device. Plusnet is solely responsible for the maintenance and support of this application (whether such maintenance and support is carried out by Plusnet or its agent).
4. Fees and Payments
Plusnet reserves the right to charge fees for future use of or access to the Software in Plusnet's sole discretion. If Plusnet decides to charge for the Software, such charges will be disclosed to you 28 days before they are applied.
5. Disclaimer of Warranties
Use of the Software is at your sole risk and is provided on an as is basis. Plusnet, its officers, directors, employees, contractors, agents, affiliates, and assigns (collectively, "Plusnet Entities"), do not represent that the Software is appropriate or available for use outside the United Kingdom. You must not use the Software to access video content outside the United Kingdom, Channel Islands and Isle of Man.
The Plusnet Entities expressly disclaim all warranties of any kind, whether express or implied, relating to the Software and any data accessed there from, or the accuracy, timeliness, completeness, or adequacy of the Software and any data accessed by using it, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.
If the Software or any data accessed by using it proves defective, you (and not the Plusnet Entities) assume the entire cost of all repair or injury of any kind, even if the Plusnet Entities have been advised of the possibility of such a defect or damages.
6. Limitation of liability
Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party's liability for the tort of deceit, fraudulent misrepresentation, death or personal injury caused by negligence.
Plusnet will not be liable to you for claims and liabilities of any kind arising out of or in any way related to the use of the Software by yourself or by third parties.
Plusnet is not liable to you for any and all direct, incidental, special, indirect, or consequential damages arising out of your use or inability to use or access to the Software, or any data provided through the Software, whether such damage claims are brought under any theory of law or equity. Damages excluded by this clause include, without limitation, those for loss of business profits, injury to person or property, business interruption, loss of business or personal information.
Information provided through the Software may be delayed, inaccurate, or contain errors or omissions, and Plusnet will have no liability with respect thereto. Plusnet may change or discontinue any aspect or feature of the Software or the use of all or any features or technology in the Software at any time without prior notice to you.
You agree to indemnify and hold the Plusnet Entities harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of any rights of another person or entity. You are solely responsible for compliance with agreements you have executed with third parties.
8. Controlling Law
This Agreement and the relationship between you and Plusnet are governed by the laws of England and Wales without regard to its conflict of law provisions. You and Plusnet agree that any disputes or other issues shall exclusively be dealt with by the courts located within England and Wales.
10. No General Waiver and Severability
The failure of Plusnet to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and Plusnet shall still be entitled to enforce it at a later date.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
11. Surviving Provisions
Sections 2 and 4 to 12 will survive any termination of this Agreement.
We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.