Licence Agreement
Sky Go - End-User Licence Agreement
- General
- Licence to Use the Software
- Copyright and Intellectual Property
- Restrictions
- Authorised Use of Content
- Disclaimer of Warranties and Limitation of Liability
- Broadcast Content and Links
- Injunctive Relief
- Termination
- Changes to this Licence Agreement
- Right to Transfer The Contract and Third Parties
- Law
General
IMPORTANT - Please read this Licence Agreement carefully before selecting that you have read and agree to the terms of this Licence Agreement and clicking 'Agree'.
This is a licence agreement between you and British Sky Broadcasting Ltd (whose registered office is at Grant Way, Isleworth, Middlesex, TW7 5QD ("Sky")) for the Sky Go software including any associated software, materials and documentation (collectively the 'Software') ('Licence Agreement'). By installing, copying, or otherwise using the Software, and by accepting any Software updates from time to time, you acknowledge that you have read and understood this Licence Agreement, and agree to be bound by its terms and conditions. If you do not agree to or cannot comply with the terms and conditions of this Licence Agreement, do not install, copy, and/or use the Software or any Content (as described below).
Licence to Use the Software
Subject to the terms of this Licence Agreement Sky grants you a limited, non-exclusive licence to use one copy of the Software on a single computer in accordance with the Sky Go Terms and Conditions only. The Software is in "use" on a computer when it is loaded into the computer's temporary memory (i.e. RAM) or installed into permanent memory (e.g. the computer's hard disk, CD-ROM, or other storage device).
Copyright and Intellectual Property
The Software contains and/or embodies copyright material, trade secrets, proprietary material and/or other intellectual property of Sky and/or its licensors. All right, title and ownership in the Software remains with Sky and/or its licensors, as applicable
Restrictions
3.1 You will not and you will not assist any third party to:
3.1.1 copy, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Software in any way, or create derivative works of the Software;
3.1.2 use the Software or any portion of it to create any tool or software product that can be used to create software applications of any nature whatsoever; or
3.1.3 rent, lease, loan, sell or distribute the Software in whole or in part.
3.2 You further agree that you will not tamper with the Software or undertake any activity intended to by-pass, modify, defeat or otherwise circumvent the proper and/or secure operation of the Software or any mechanisms operatively linked to the Software.
3.3 Sky has not granted a licence of the Software nor implied any right to commercially distribute content created or accessed with the Software in any broadcast systems (including terrestrial, satellite, cable, mobile and/or other distribution channels), streaming applications (including Internet, intranets and/or other networks), other content distribution systems (including pay-audio or audio-on-demand applications) or on physical media (including compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards).
Authorised Use of Content
4.1 The Software may enable you to view, listen to, and/or read (as the case may be) video, images, music, text, and other material (the 'Content'). The Content is owned by Sky or by third party broadcasters. You understand and acknowledge that the Content you obtain for use in connection with the Software (including any Content that may have been preloaded with the Software to your computer) will be subject to copyright law and limited by the terms and conditions set out in the Sky Go Terms and Conditions.
4.2 You understand that the Software includes security components that permit digital information to be protected and used by Sky and/or Sky's content providers. The Software also enables Sky to control your access to Content in accordance with the Sky Go Terms and Conditions. Sky reserves the right to use the Software at any time to enforce the Sky Go Terms and Conditions with or without notice to you.
Disclaimer of Warranties and Limitation of Liability
5.1 Except as required by law, Sky will not be responsible or liable for the fitness for a particular purpose of the Software, or for any loss or damage caused by:
5.1.1 any errors, viruses or bugs contained in the Software caused by events outside Sky's reasonable control;
5.1.2 your negligence or your failure to follow our reasonable instructions;
5.1.3 Sky or our employees or agents in circumstances where:
5.1.3.1 there is no breach of a contractual obligation or legal duty of care owed to you by Sky or our employees or agents;
5.1.3.2 such loss is not a reasonably foreseeable result of any breach;
5.1.3.3 or to the extent that such loss or damage results from any breach by you of this Licence Agreement;
5.1.2 any incompatibility of the Software with any other software, hardware or other material on your computer; or
5.1.3 any other factor that is outside Sky's reasonable control.
5.2 Under no circumstances will Sky be liable for any unauthorised use of any Content, or any use of the Software to develop, distribute, or use any material that is defamatory, slanderous, libellous or obscene, that portrays any person in a false light, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that infringes any third party?s rights or that is contrary to any foreign, federal, state or local statute or regulation.
Broadcast Content and Links
Sky is not responsible for the accuracy, truth or reliability or legality of any product, information, opinions, representations, warranties, advice or other material provided by any third party broadcast partner or by any other third party participating in the Sky Go service. Messages transmitted are the responsibility of the relevant broadcaster. Links to and in broadcaster's websites are not under Sky's control and Sky is not responsible for the content of any linked-to site or for any link contained in a linked-to site. Sky does not endorse any link on the Software.
Injunctive Relief
Because of the unique nature of the Software, you understand and agree that Sky will suffer irreparable damage in the event that you fail to comply with any of the terms of this Licence Agreement and that monetary damages may be inadequate to compensate Sky. Accordingly, you agree that Sky will, in addition to any other remedies available to us at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Licence Agreement.
Termination
8.1 You may terminate this Licence Agreement at any time by giving us notice by completion of the web form on www.sky.com/portal/site/skycom/feedback or by telephoning Sky Go Customer Service on 08442 411 599.
8.2 Sky may terminate this Licence Agreement at any time by giving you one month's notice in writing.
8.3 Sky may terminate this Licence Agreement immediately if you breach any term of this Licence Agreement.
8.4 If your Sky Player Terms and Conditions terminate for any reason whatsoever, this Licence Agreement will terminate immediately.
8.5 Clauses 2, 3, 5, 7, 11 and this Clause 8 of this Licence Agreement will survive termination of this Licence Agreement.
Changes to this Licence Agreement
If Sky amends this Licence Agreement, you will be notified by email and those changes will also be set out on www.skygo.com Your first use of the Sky Go service after you have been notified of the new terms will constitute acceptance of such changes.
Right to Transfer The Contract and Third Parties
10.1 Sky can transfer its rights and obligations under this Licence Agreement to any company, firm or person. Sky can only do this if it does not affect your rights under these terms and conditions. You may not transfer your right or obligations under this Licence Agreement to anyone else.
10.2 This Licence Agreement is personal to you and no third party is entitled to benefit under the Licence Agreement except pursuant to Clause 10.1.
Law
This Licence Agreement is governed by English Law. If you are resident in the UK, Channel Islands, or Isle of Man any disputes can be dealt with by the courts in England and Wales or any other United Kingdom court that could lawfully deal with the case.
COPYRIGHT NOTICE.
Copyright © 2001-2008 British Sky Broadcasting Limited, Grant Way, Isleworth TW7 5QD. All rights reserved. Any rights not expressly granted in this Licence Agreement are reserved.
TRADE MARKS.
"Sky" and "Sky Go" are either trademarks or registered trademarks of Sky or a member of the British Sky Broadcasting Group.