Terms & Conditions
BT PLC. END USER LICENSE AGREEMENT THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORISED REPRESENTATIVE) AND BT. ("British Telecom"). PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS.
BY CHECKING THE AGREEMENT CHECKBOX AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING BTs SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
- 1. SOFTWARE: As used in this Agreement, the term "Software" refers to the BT software which you have selected to download. The term "Software" also shall include any upgrades, modified versions or updates of the Software made available to you by BT. The Software is deemed accepted by you upon download of the Software.
- 2. GRANT OF LICENSE: Subject to the terms of this Agreement, BT hereby grants you a perpetual, non-exclusive, non-transferable license to: (i) install the Software, (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes.
- 3. LICENSE RESTRICTIONS: You acknowledge that the foregoing license extends only to your use of the features and functionality of the Software as described in the online documentation accompanying the version of the Software downloaded by you (the "Documentation"), and you agree not to reconfigure or modify the Software in order to enable features or functionality different than those described in such Documentation or available in other BT products without notifying BT You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this Section shall immediately terminate your license to the Software.
- 4. TITLE: You agree that no title to the intellectual property in the Software, Subscription Services (as defined below) is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in BT and/or BT’s licensors. The Software is protected by intellectual property laws of the UK and other countries and by international treaties.
- 5. NO WARRANTY:
- 5.1 GENERAL: The Software is provided to you at no charge and is for information purposes only. BT does not guarantee that use of the Software will be uninterrupted or error-free. BT does not guarantee that the information accessed by the Software will be accurate or complete. You acknowledge that performance of the Software may be affected by any number of factors, including without limitation, technical failure of the Software, the acts or omissions of third parties and other causes reasonably beyond the control of BT. Certain features of the Software may not be forward-compatible with future versions of the Software and use of such features with future versions of the Software may require download of the applicable future version of the Software.
- 5.2 AS IS: you agree that BT and its licensors have made no express warranties, oral or written, to you regarding the software and that the software is being provided to you "as is" without warranty of any kind. You acknowledge that the entire risk as to the quality and performance of the software is with you. Should the software prove defective, you (and not BT, or any distributor) assume the entire cost of all necessary repair.
- 5.3 DISCLAIMER: BT disclaims any and all other warranties, whether express, implied, or statutory, including, but without limitation, (i) the implied warranties of noninfringement of third party rights, merchantability or fitness for a particular purpose; (ii) that the software will avert or prevent all occurrences (or the consequences therefrom) that the software is designed to detect and/or prevent; or (iii) that any information accessed by the software will be accurate or complete. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
- 6. LIMITATION OF LIABILITY: in no event shall BT be liable to you or any third party for any consequential, special, incidental or indirect damages of any kind arising out of or relating to the software or the use thereof (including but not limited to damages or costs incurred as a result of loss of time, loss of data, loss of profits or revenue, or loss of use of the software or subscription services or other economic loss), regardless of the form of action, whether in contract, tort, negligence, or otherwise, even if BT has been advised of the possibility of such damages. If the relevant software was provided to you at no charge you agree that BT shall not be liable to you for any damages. You agree that you are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software. You further agree that BT will not be liable for any damages that you may suffer in connection with (i) downloading, installing, or using the software (ii) failure in the performance of the software.
- 7. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from BT to effect such termination. You may also terminate this Agreement at any time by uninstalling and destroying all copies of the Software.
- 8. MISCELLANEOUS:
- 8.1 SEVERABILITY: In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
- 8.2 WAIVER: No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach by either party.
- 8.3 SURVIVAL: All defined terms and Sections 3 ("License Restrictions"), 4 ("Title"), 5 ("No Warranty"), 6 ("Limitation of Liability"), 7 ("Termination"), and 8 ("Miscellaneous") shall survive any termination of this Agreement.
- 8.4 GOVERNING LAW: This Agreement will be governed by the laws of England
- 8.5 ENTIRE AGREEMENT: You agree that this is the entire agreement between you and BT, and that it supersedes any prior agreement, whether written or oral, and all other communications between BT and you relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented only by a writing that is signed by the authorised representatives of both parties.
- 8.6 RESERVATION OF RIGHTS: All rights not expressly granted in this Agreement are reserved by BT.
- 8.7 PRIVACY POLICY: Your use of the Site and any information submitted to BT by you is subject to and governed by the BT Privacy Policy, which is available here
- 8.8 THIRD-PARTY PRODUCTS AND SERVICES: The Site may contain mention of third-party products and services for informational purposes. Third party products and services are the products and services of such third parties and BT does not warrant impliedly or expressly the quality and/or reliability of such third party products and services. BT makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by BT "as is," without warranty of any kind, either express or implied, or statutory, including, but without limitation, the implied warranties of noninfringement of third party rights, merchantability, and fitness for a particular purpose.
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8.9 THE SERVICE: By monitoring dial-up connections the software will alert you anytime your computer attempts to dial a premium rate or international number. The software is for information purposes only, it will alert you to the fact you are dialling a premium rate number, it will not stop the call, it is your responsibility to cease the call if necessary by disconnecting. If in any doubt you should unplug your modem and check your settings before attempting to redial.
Once downloaded the software automatically launches everytime you start your computer. It monitors internet dial-up connections and alerts you when unauthorised users attempt to dial restricted numbers. When suspicious activity is noticed a pop-up window will warn "You are attempting to dial a premium rate or international number. If you do not want to proceed with this call hang up. If in any doubt you should unplug your modem and check your settings before attempting to redial". - 8.10 SUPPORT: If you require technical support with the product you should check the FAQ documentation downloaded with the software for possible answers or contact the support team modemprotection@BT.com. The customer service team can only answer questions relating to the BT software (as they don’t have expertise with your specific computer/operating system).
- 8.11 Contact: By downloading this software and providing us with your information you give your consent for BT to contact you with information relating to this particular software and with registering your details on BT.com.
- 8.12 BY ITS USE OF THIS SOFTWARE, USER ACKNOWLEDGES THAT IT HAS READ THE FOREGOING "DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY" AND AGREES TO BE BOUND THEREBY. FURTHER, THE USER UNDERSTANDS THAT THE FOREGOING REPRESENTS THE ENTIRE AGREEMENT BETWEEN BT AND THE USER REGARDING USE OF THIS SOFTWARE. NO EMPLOYEE, AGENT, OR OTHER REPRESENTATIVE OF BT HAS ANY AUTHORITY TO EXPAND THE SCOPE OF THIS WARRANTY OR TO OTHERWISE BIND BT OR WITH RESPECT THERETO.
©2004 BT, Inc. All rights reserved. All trademarks and/or service marks of BT used in connection with the Software (including but not limited to BT and the BT logo) are trademarks and registered trademarks of BT, Inc. in the United Kingdom and other countries.