In order to download and install the Software you must agree to the terms of this Agreement (including any terms that are displayed to you in a pop-up screen before you install the Software). In addition to agreeing to the terms of this Software Licence Agreement you are also bound by the terms of service from where you have downloaded the BT Application.
This Agreement is a legally binding contract that should be read in its entirety. If you disagree with any of the terms below, BT does not grant you a licence to use the Software and you may not download it and should cancel or exit any installation you may have started. Data provided by you during installation and certain other information is subject to the BT Privacy Policy, located at http://www.bt.com/privacypolicy.
You agree that by installing the Software, you acknowledge that you are at least 18 years old, have read this Agreement, understand it, and agree to be bound by its terms.
BT reserves the right to change the price, or other charges (including introducing a new price or charge), or the terms and conditions of this Agreement for any of the following reasons:
If we make a change as detailed above we will tell you at least 30 days in advance of the changes happening, except where the change is for legal or regulatory reasons as detailed in (J) above or it is a change that does not cause you any material disadvantage as detailed in (l) above.
If we make a change for legal or regulatory reasons which may cause you a material disadvantage, we do not need to tell you about it 30 days before it happens if, because of the nature of the reason for the change, it is not possible or practicable to give you such notice. If this happens, we will tell you as soon as we can, either before or after we make the change.
If we make a change that is not to your material disadvantage we do not need to tell you about it 30 days before it happens but we will always tell you about it by an appropriate method, either before or shortly after we make the change.
Software, documentation, and local electronic files installed or utilised by the installer application are owned by BT or its licensors, and are licensed to you by BT on a worldwide (except as limited below), non-exclusive, non-transferable, 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 BT or their respective owners. .
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. BT or its licensors owns all rights, title, and interest in and to their applicable contributions to the Software. This Agreement grants you no right (other than the limited licence granted in respect of the Software under this Agreement), title, or interest in any intellectual property owned or licensed by BT, including (but not limited to) the Software or any BT trademarks, and creates no relationship between you and BT 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 immediately 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.
BT 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. BT may, as set out in this Agreement, change, suspend, or discontinue any aspect of the Software, including the availability of any Software feature, database, or content. BT may also impose limits on certain features and services or restrict your access to parts or all of the Software or the BT 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, BT may automatically download and install updates to the Software.
From time to time BT 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. BT is solely responsible for the maintenance and support of this application.
Subject to the rights set out in this Agreement, BT reserves the right to charge fees for future use of or access to the Software in BT's sole discretion.
Use of the Software is at your sole risk and is provided on an as is basis. BT, its officers, directors, employees, contractors, agents, affiliates, and assigns (collectively, "BT 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 United Kingdom specific copyrighted video content outside the United Kingdom, Channel Islands and Isle of Man.
With the exception of any warranty for implied statutory conformity, the BT Entities expressly disclaim all other 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.
If the Software or any data accessed by using it proves defective and causes damage, the BT Entities assume to the extent set out in any relevant legislation – the entire cost of all repair or injury of any kind.
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.
BT will not, except in respect of damage or injury caused by defective software supplied by BT, 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.
Except in respect of damage or injury caused by defective software which BT supplies, BT is not liable to you for any and all direct, incidental, special, indirect, or consequential damages arising out your use or inability to use or access 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. BT's liability with respect to such delays, inaccuracies or errors is limited to the extent required to meet any statutory conformity relating to the Software. Subject to the rights set out in this Agreement, BT may change or discontinue any aspect or feature of the Software or the use of all or any features or technology in the Software.
You agree to indemnify and hold the BT 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.
This Agreement and the relationship between you and BT are governed by the laws of England and Wales without regard to its conflict of law provisions. You and BT agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales.
This Agreement and any additional Terms of Use constitute the entire understanding between the parties respecting use of the Software, superseding all prior agreements between you and BT. In the event of any conflict between the terms of this Agreement and those in any Terms of Use, the terms of this Agreement will control, except to the extent that the Terms of Use impose additional restrictions and liabilities on your actions.
The failure of BT to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 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.