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Ofcom Mobile and Broadband Checker: Terms and Conditions

16 Rhagfyr 2016

THE FOLLOWING TERMS APPLY TO OFCOM'S MOBILE AND BROADBAND CHECKER APP:

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and The Office of Communications of Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Licensor, us or we) for:

  • The Ofcom Mobile and Broadband Checker App, comprising of downloaded computer software, and the data supplied with the software (app); and
  • Any printed materials or electronic documents associated with the app (Documents).
    We license use of the app and documents to you on the basis of this Licence. We do not sell the app or documents to you. We remain the owners of the app and Documents at all times.IMPORTANT NOTICE TO ALL USERS:
  • BY DOWNLOADING THE APP YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND ANYONE YOU PERMIT TO USE THE APP AND/OR DOCUMENTS. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 5 AND CONDITON 6.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST NOT DOWNLOAD AND INSTALL THE APP, OR DELETE AND UNINSTALL THE APP IF IT HAS ALREADY BEEN INSTALLED.
    1. Grant and scope of licence
    1.1 In consideration of you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the App and the Documents on the terms of this Licence.
    1.2 You may:
    (a) Download, install and use the App for your personal purposes only (not including any business or commercial use); and
    (b) use any Documents in support of the use permitted under condition 1.2 and make such copies of the Documents as are reasonably necessary for its lawful use.
  • 2. Restrictions
    2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
    (a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
    (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
    (c) not to make alterations to, or modifications of, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs;
    (d) not to use the App or Documents for any business or commercial purpose;
    (e) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
    (i) is used only for the purpose of achieving inter-operability of the App with another software program; and
    (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
    (iii) is not used to create any software which is substantially similar to the App;
    (f) to supervise and control use of the App and ensure that the App is used by any person you permit to use it in accordance with the terms of this Licence;
    (g) to include our copyright notice on all entire and partial copies you make of the App on any medium; and
    (h) to comply with all applicable technology control or export laws and regulations.
    3. Intellectual property rights
    3.1 You acknowledge that all intellectual property rights in the App and the Documents anywhere in the world belong to us and/or contractors engaged by us in the production of the App, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Documents other than the right to use them in accordance with the terms of this Licence.
    3.2 You acknowledge that you have no right to have access to the App in source code form.
    4. Use of data
    4.1 You acknowledge that, when the App is used, data will be collected by us or our agents which will be used in pursuance of our statutory functions.
    5. No warranty
    5.1 The App and Documents are offered free of charge and we offer no warranty in respect of their quality, performance, functionality or compatibility.
    5.2 If you are a consumer, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
    6. Limitation of liability
    6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
    6.2 You acknowledge that the output of the App offers information only and any action taken in reliance of such information such as to improve your Wi-Fi connection is entirely your responsibility.
    6.3 The App and Documents may not be used for any business or commercial use, we only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    6.4 We are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable only if it was an obvious consequence of our breach.6.5 Nothing in this Licence shall limit or exclude our liability for:
    (a) death or personal injury resulting from our negligence;
    (b) fraud or fraudulent misrepresentation; or
    (c) any other liability that cannot be excluded or limited by English law.
    7. Termination
    7.1 We may terminate this Licence immediately by publishing a written notice on our website. Upon termination for any reason all rights granted to you under this Licence shall cease, and you must immediately delete or remove the App from all computer equipment in your possession
    8. Other important terms
    8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
    8.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
    8.3 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    8.4 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    8.5 This Licence, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.