Beta Testing Licence Agreement

Transcription

1 Beta Testing Licence Agreement This Beta Testing Licence Agreement is a legal agreement (hereinafter Agreement ) between BullGuard UK Limited ( BullGuard ) and you, either an individual or a single entity, (hereinafter Licensee or you ). This Agreement covers the BullGuard Internet Security Beta software, the associated media, any printed materials, data, files and information and any online or electronic documentation ( Software ) which accompanies it, and which has been provided to Licensee without payment of any fees or costs. Assent to Be Bound By completing and submitting your address in the registration field on the BullGuard landing page ( or by installing, copying or otherwise using this Software, Licensee agrees to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not download, order, open, install or use the Software or product package. 1. DISCLAIMER THE BETA SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENCE, FOR WHICH NO FEES HAVE BEEN CHARGED OR ARE DUE FROM LICENSEE, IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. 2. Grant of Licence As from the date of acceptance of this Agreement by the Licensee (the "Effective Date"), and during the term of this Agreement, subject to the terms and conditions of this Agreement, BullGuard grants to Licensee a no charge, non-exclusive, non-transferable, nonsublicensable licence to use the Software solely for purposes of internal testing and evaluation. 3. Restrictions on Grant Except as otherwise specifically permitted in this Agreement, Licensee may not: (a) Modify or create any derivative works of any Software or documentation; (b) Copy the Software except as provided in this Agreement or elsewhere by BullGuard; (c) Separate Software, which is licensed as a single product, into its component parts. (d) Sublicense or permit simultaneous use of the Software by more than one user; (e) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (f) Redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software; (g) Transfer the Software under any circumstances; (h) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels; or (i) Publish any results of benchmark tests run on any Software to a third party. 4. Term The term of this Agreement will commence on the Effective Date and will terminate on 10 September Either party may terminate this agreement for any reason upon written notice to the other party. Upon any expiration or termination of this Agreement, the rights and

2 licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using, and will return to BullGuard (or, at BullGuard s request, destroy), the Software and all other tangible items in Licensee s possession or control that are proprietary to or contain Confidential Information. 5. Feedback from Licensee As consideration for BullGuard granting Licensee a licence to use the Software, Licensee agrees to provide to BullGuard reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, Feedback ) by 10 September The Licensee confirms that it is the sole author of all of the content of the Feedback and Licensee assigns to BullGuard all right, title and interest in the Feedback, including, but not limited to, any and all ideas, inventions, processes, patents, copyrights, trade secrets, mask works, trademarks, moral rights, or any other intellectual property rights contained in the Feedback, or which may be reasonably extrapolated from the Feedback. The sole consideration for this assignment is the licence of the Software to the Licensee under this Agreement. 6. Prize Competition By submitting Feedback the Licensee shall be automatically entered into a prize competition, and agrees to be bound by the terms and conditions governing the prize competition which are set out in the Schedule to this Agreement. If the Licensee does not wish to participate in the prize competition, they must inform BullGuard of this on their Feedback form. 7. Ownership and Copyright of Software Title to the Software and all copies thereof remain with BullGuard and/or or its suppliers and is protected by international copyright laws and international treaty provisions. Bullguard (and its suppliers) retain all right, title and interest in and to the Software, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. 8. Confidentiality The Software is Confidential Information. Licensee shall use the Confidential Information only for the purposes of this Agreement and will not disclose the Software or any comments regarding the Software to any third party. Licensee will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on Licensee s part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to Licensee without any limitation on use or disclosure prior to its receipt from BullGuard; or (d) independently developed by Licensee; or (e) generally made available to third parties by BullGuard without restriction on disclosure. Confidential Information shall remain the property of the disclosing party and shall be returned to the disclosing party or destroyed upon request of the disclosing party. 9. Beta-Software Product Support BullGuard is under no obligation to provide technical support under the terms of this licence, and provides no assurance that any specific errors or discrepancies in the Software will be corrected. 10. Limitation on Liability

3 Provision of any Software under this Agreement is experimental and shall not create any obligation for BullGuard to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL BULLGUARD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BULLGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. Lawful Use The Software, may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this Agreement, or, which endangers BullGuard s ability to provide the Software, is prohibited. Licensee may not use the Software, to directly facilitate the violation of any particular law or regulation, nor may Licensee use the Software, to engage in activity that may be reasonably interpreted to be malicious or harmful. BullGuard may remove, or disable access to the Software, at any time, and without notice to you, should BullGuard determine, in its discretion, that use of the Software violates any such law. 12. General This Agreement constitutes the complete and exclusive agreement between BullGuard and Licensee with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of BullGuard and Licensee. No waiver of rights under this Agreement, shall constitute a subsequent waiver of this or any other right under this Agreement. This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts. 13. Contact Information Should you have any questions concerning this Agreement, please mail@bullguard.com or write to BullGuard Limited, 9 Devonshire Square, London, England, EC2M 4YF, United Kingdom.

4 SCHEDULE PRIZE COMPETITION TERMS & CONDITIONS 1. THE COMPETITION 1.1 By providing Feedback in accordance with the Agreement, the Licensee can win a free 1 year licence for BullGuard Internet Security License or an Amazon voucher for 100, 200 or The competition will run from 14 August 2017 to 10 September 2017 (the "Closing Date") inclusive. 1.3 Feedback must be received by BullGuard by no later than on the Closing Date. All competition entries received after the Closing Date are automatically disqualified. 1.4 Feedback is provided by clicking on the Feedback button on the BullGuard beta Windows desktop application, completing the feedback form and submitting it to BullGuard. 1.5 BullGuard will not accept: responsibility for Feedback that is lost, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure or technical malfunction of any kind; or proof of transmission as proof of receipt of Feedback. 1.6 By submitting Feedback you are agreeing to be bound by the terms and conditions in this Schedule. 1.7 All Feedback submitted will be judged by BullGuard according to the quality and detail of its content. Prizes will only be awarded in relation to Feedback which is of a good quality and the prize winners shall be the Licensees who are judged to have submitted the highest quality Feedback. All decisions by BullGuard will be final 2. ELIGIBILITY 2.1 The competition is only open to Licensees who have entered a Beta Testing Licence Agreement with BullGuard in relation to the BullGuard Internet Security Beta software on or before 13 August If you are under the age of 18, you must obtain written parental or guardian consent to enter and claim your prize. BullGuard may ask a winner to provide proof of age. 2.3 BullGuard will not accept Feedback which is incomplete or illegible. BullGuard reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition. 2.4 There is a limit of one Feedback entry to the competition per Licensee. 3. THE PRIZE 3.1 The prizes available to be won are: (i) 1 x Amazon voucher for 400 (ii) 3 x Amazon vouchers for 200 each (iii) 10 x Amazon vouchers for 100 each (iv) 200 x licences for BullGuard Internet Security License for 1 year for 3 devices. 3.2 BullGuard reserves the right to replace any prize with an alternative prize of equal or higher value if circumstances beyond BullGuard s control makes it necessary to do so. 3.3 The prizes are not negotiable or transferable. 3.4 The award of the prizes shall be in BullGuard's sole discretion. Each Licensee can win a maximum of one prize. 4. WINNER ANNOUNCEMENT & RECEIPT OF PRIZES 4.1 The winners of the competition will be announced on 10 September 2017 on BullGuard s beta test page: BullGuard will contact the winners personally to provide them with their prizes, which will be in the form of licence codes or electronic vouchers, as soon as practicable after the 10 September 2017, using the address provided in the registration form for participating in the beta program. 4.3 BullGuard will make all reasonable efforts to contact the winners. If a winner cannot be contacted or is not available, BullGuard reserves the right to offer the prize to the next eligible entrant selected from the correct entries that were received on or before the Closing Date. 5. LIMITATION OF LIABILITY

5 5.1 Insofar as is permitted by law, BullGuard will not in any circumstances be responsible or liable to compensate a winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of BullGuard or that of their employees. Your statutory rights are not affected. 6. DATA PROTECTION AND PUBLICITY 6.1 If you are a winner of the competition, you agree that BullGuard may use your address to announce the winners of this competition and for any other reasonable and related promotional purposes. 6.2 By entering the competition, you agree that any personal information provided by you with the Feedback may be held and used only by BullGuard to administer the competition. 7. GENERAL 7.1 If there is any reason to believe that there has been a breach of the terms and conditions in this Schedule, BullGuard may, at its sole discretion, reserve the right to exclude you from participating in the competition. 7.2 BullGuard reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.