Home Broadband Installer Software End User Licence Agreement Terms & Conditions
Read this agreement carefully before opening or installing your software.
This end user licence is for the following software:
- O2 Broadband installer, which gets O2 Broadband up and running and on request installs McAfee Security for O2 Broadband on your computer.
- O2 Broadband assistant, which checks for and fixes problems with your internet connection and O2 email; and
- O2 Broadband remote help, which (if you give permission) enables an O2 Customer Service Advisor to take over your computer remotely to try and fix any problems.
The Software includes all copies of the Software you are accessing, installing, using, downloading, copying, or otherwise benefiting from, and any updates, modified versions, upgrades, Updates (as defined below), additions, and copies of the Software, or documentation accessed, installed, used, downloaded, copied or benefited from by you in any format, including but not limited to, in the format of a temporary plug-in, and all technical documentation provided to you related to the Software (the "Documentation").
The Software contains certain computer programs, documentation, or other proprietary material that belong to Telefónica UK Limited ("O2") or its suppliers and your use of the Software is subject to this legally binding software licence agreement between you the user and O2 ("Agreement").
If you do not agree to the terms and conditions of this Agreement, click the "Decline" button, and do not install or use the Software.
When you click on the "Accept" button or when you otherwise install or use any part of the Software, you are consenting to being bound by, and becoming a party to, this agreement which includes limitations on use; transferability, warranty, and liability.
If you do not accept the terms and conditions in this agreement, O2 does not authorise you to use or have any licence to any part of the Software. In addition, by installing, copying or otherwise using any updates to the Software that you receive ('Updates, you agree to be bound by any additional licence terms that accompany such Updates. If you do not agree to the additional licence terms that accompany such Updates, you may not install, copy or use such Updates.
In the event you, or someone on your behalf, have executed a written agreement with O2 regarding the use of the Software, then your use of the Software is subject to such written agreement to the extent such written agreement differs from this agreement.
The Software is licensed (not sold) to you; O2 or its suppliers own all copyright, trade secret, trademark, patent and other proprietary rights in the Software. Your licence confers no title to, or ownership in, the Software.
2. Authorised use
Unless otherwise specifically provided in writing by O2 (in which case such specified usage rights will apply), and subject to the terms of this Agreement, O2 grants to you a nonexclusive, non-transferable, non-sublicensable, limited licence to use the Software for your own personal use only.
Except as may be permitted by applicable law, you shall not (and shall not allow any third party to)
- (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Software by any means whatsoever;
- (b) remove any product identification, copyright or other notices;
- (c) provide, lease, lend, use for timesharing, service bureau or hosting purposes or otherwise use or allow others to use the Software to or for the benefit of third parties
- (d) modify or incorporate into or with other software or create a derivative work of any part of the Software;
- (e) disseminate information or analysis (including, without limitation, benchmarks) regarding the quality or performance of the Software;
- (f) use the output or other information generated by the Software (including, without limitation, output describing the structure of a software program) for any purpose other than use by the Software in accordance with this Agreement; or
- (g) resell, sublicense, distribute, or transfer the Software or any component thereof to any third party. Notwithstanding anything else, O2 or its suppliers retain all title to, and, except as expressly licensed herein, all rights to the Software, all copies and derivatives thereof and all related documentation and materials. You must reproduce and include the copyright notice and other proprietary notices that appear on the original Software on any copies and any media thereof made in accordance with the terms of this Agreement.
The O2 Broadband remote help software contains GNU-code that has been modified by O2's supplier, SupportSoft Inc., and is provided to you in object code form "as is", without any warranty whatsoever (to the maximum extent possible in relation to mandatory provisions of the applicable law).
The GNU General Public License Terms give you the right to receive a complete machine-readable copy of the source code for the GNU-code upon written request to the SupportSoft Inc no later than three (3) years after you have initially received the GNU-code in the Software and at no charge (other than the cost of physically performing the source code distribution). You have further the right to general use of the GNU-code, that is the right to copy, distribute and modify the GNU-code, on the terms and conditions stated in the GNU General Public License (please refer to http://www.gnu.org for more information).
You acknowledge that the Software and Documentation are provided "as is" with all faults and without warranty of any kind. You agree that all risks pertaining to the use of the Software and Documentation are assumed by you. O2 and its suppliers make no representation or warranty of any kind whether express or implied (either in fact or by operation of law) with respect to the Software or other materials provided by O2. O2 and its suppliers expressly disclaim all implied warranties including warranties of non-infringement, merchantability or fitness for a particular purpose. O2 does not warrant that the Software is error-free or that operation of the Software will be secure or uninterrupted. O2 and its suppliers make no representation or warranty and have no liability whatsoever with regard to the functioning or operation of the Software with other equipment or software of yours, or any third party software. No oral or written information or advice given by O2 or its supplier or their employees or agents will create a warranty or in any way increase the scope of any warranty provided herein.
This Agreement shall immediately terminate if you breach the Agreement or if you are no longer an O2 Broadband member. All provisions except Section 2 shall survive termination. Upon termination, you shall immediately cease all use of the Software and return or destroy all copies of the Software and all portions thereof. O2 reserves the right to pursue all other remedies for any breach of this Agreement whether or not this Agreement is terminated.
6. Limitation of liability
To the maximum extent permitted by applicable law, under no circumstances will O2 or its suppliers be liable to you, or any other person or entity, for any error, omission, defect, deficiency or non-conformity in the Software or for any loss of use, revenue or profit, lost or damaged data, loss of confidential information, business interruption, loss of privacy, for failure to meet any duty including good faith or reasonable care, or other commercial or economic loss or for any indirect, incidental, cover, special, statutory, punitive, exemplary or consequential damages whatsoever related to your use or reliance upon the Software and documentation, even if advised of the possibility of such damages or if such damages are foreseeable.
Further, and notwithstanding anything in this agreement to the contrary, neither O2, or its suppliers, shall be liable or obligated to you with respect to any subject matter of this Agreement or under contract, breach of warranty, tort (including negligence), strict liability or any other legal or equitable theory for any amounts in excess of the greater of the annual aggregate of the fees paid to O2 by you for the O2 Broadband service. This limitation shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
7. General provisions
- 7.1 Governing Law and Jurisdiction. This Agreement shall be governed in all respects by the laws of England and Wales. Any dispute regarding this Agreement involving O2 or its suppliers shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- 7.2 No Export. You will not remove or export from the United Kingdom all or any part of the Software or any direct product thereof, except in full compliance with any and all applicable export laws and regulations.
- 7.3 Privacy. The Software may contain features which may allow O2 to collect data from, control and/or monitor computers running the Software in order to fix problems with your O2 Broadband service. O2 shall only perform such activities with your consent and shall only be liable to you for any loss or damage arising directly through any negligence of O2 in performing such activities.
- 7.4 Compliance with Laws. You shall comply with all laws and regulations applicable to this Agreement or the transactions contemplated hereby.
- 7.5 Assignment. You may not assign this Agreement without the prior written consent of O2.