Last Updated: 22.11.04

 

 
1. Definitions
In these terms the following words shall have the following meanings: " you" means you, the person using the Product; "Product" means the Compact Disc and the Vodafone Mobile Connect Card as well as any software contained on the compact disc and the Vodafone Mobile Connect Card supplied to you on the basis of these terms and conditions; "Services" means data transmission services offered by Vodafone under a GPRS airtime contract; "we" "us" means Vodafone Limited
 
2. Licence to Use
Subject to you having entered into a GPRS airtime contract and having received a Vodafone SIM card with GPRS tariff we grant you a non-exclusive licence to use the Product in connection with the Services. You may not copy, modify, reverse engineer or decompile the software contained on the Product (save to the extent expressly permitted by law) or transfer, sublicense, otherwise distribute or otherwise enable a third party to use the software. You are solely responsible for taking prudent and appropriate measures to back up data and otherwise protect against loss of data. This licence is effective until terminated. You may terminate it at any time by deleting the program from all your devices. This Agreement shall automatically terminate if you fail to comply with this Agreement or the GPRS airtime contract terminates for any reason. Upon termination of this Agreement or termination of the GPRS airtime contract, you will cease to use the Product and delete the program including any back up copies from all your devices. 

 

3. Intellectual Property Rights
We, together with our licensors, own all the copyright, design rights, "Look and Feel", trade marks and other intellectual property rights in the Product. The fact that we have supplied you with the Product does not mean that we have transferred any of our rights in the Product to you, we have simply permitted you to use it on the terms of this licence.
 
4. Exclusion of warranties
To the fullest extent permitted by applicable law, the Product is furnished to you "as is" without any warranty, conditions, representations of other terms regarding the Product from our licensors. Neither we nor our licensors warrant that the Product will meet your requirements or that the operation of the product will be uninterrupted or error free. To the extent permitted by law we and our licensors disclaim and exclude all warranties, representations conditions and other terms of any kind, express or implied or whether arising by statute, common law or otherwise.
 
5. LIMITATION OF LIABILITY
We will be liable to you if our negligence causes death or personal injury. In all other circumstances we or our licensors will not be liable to you for any compensation, reimbursement or damages on account of the loss of present or prospective profits, loss of revenue, turnover of sales, loss of good will, loss or damage to reputation, loss of contracts or customers, loss of anticipated savings, loss of or damages to data or programs or indirect, special , incidental or consequential damages whether arising in tort (including negligence) or contract and even if such licensors have been informed of the possibility of such losses or damages. If you are a consumer, the terms of this Agreement will not affect any rights which you may have under any Act of Parliament and which cannot be excluded by agreement.
 
6. Law and Jurisdiction
These terms and conditions shall be governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.