BY DOWNLOADING, INSTALLING OR USING THE APP PROVIDED TO YOU BY OR ON BEHALF OF BELL MTS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENCE AND ARE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE INCLUDING THE COLLECTION AND USE OF YOUR DATA (see Section 3 below) DO NOT DOWNLOAD, INSTALL OR USE THE APP.
This is a licence agreement (“Licence”) between you (“You” and “Your” where appropriate) and Bell MTS, a division of Bell Canada (“Bell MTS”) for use of the Bell MTS TV to Go application and any updates Bell MTS makes available to you (the “App”) on a wireless device (“Device”). You may incur data usage rates through this App. Inquiries may be directed to P.O. Box 6666, 333 Main Street, Winnipeg, Manitoba, Canada, R3C 3V6, or 204-225-5687 or firstname.lastname@example.org.
Your use of the App also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the App, (iv) Your applicable wireless service agreement, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for services You access through the App.
1. License Grant.
Bell MTS hereby grants You a personal, revocable, non-exclusive, non-transferable right to install and use the App on a Device in connection with Your use of the Bell MTS TV to Go service. You agree that You are using the App solely for Your personal use and not for redistribution or transfer of any kind. Bell MTS may issue You an upgraded version of the App or may require You to consent to an upgrade. If You decline any upgrades, You may not be able to use or access the App or the Bell MTS TV to Go service.
2. Restrictions on Use. You shall not:
a. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, even for research purposes;
b. make any modification, adaptation, improvement, translation or derivative work from the App;
c. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Bell MTS or its partners, or suppliers;
d. use the App in a manner that derives revenue directly from the App, or use the App for any other purpose for which it is not designed or intended;
e. make the App available over a network or other environment permitting access or use by multiple Devices or users at the same time;
f. use the App for creating a product or service that is, directly or indirectly, competitive with or in any way a substitute for any services or products offered by Bell MTS;
g. use the App to send automated queries to a website or to send unsolicited commercial e-mail;
h. circumvent, disable or tamper with any security-related components or other protective measures applicable to the App or the Device;
i. copy, archive, retransmit, distribute, disseminate, sell, lease, rent, broadcast, synchronize, publish, publicly display, make available to third parties, transfer or circulate the App; or
j. view any content provided by Bell MTS or its suppliers anywhere other than in the country or location (such as “in home”) authorized by Bell MTS (Bell MTS may use technologies to verify Your compliance).
You agree to abide by the rules and policies established from time to time by Bell MTS. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the App and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this Licence.
3. Consent to Use of Data.
The App may provide Bell MTS with limited access to Your Device. Among other things, the App may provide Bell MTS with information related to Your use of the Bell MTS TV to Go service, including movies and TV shows (and portions thereof) viewed, amount of time viewed, information regarding Your computer system, such as a unique device identifier, Your operating system, existing software, amount of available storage space and Internet connectivity, and Your interaction with the App. This information will enable Bell MTS to manage rights associated with the content, allow Bell MTS to help You use the App more effectively, enforce Bell MTS TV Terms and Conditions of Service and otherwise help Bell MTS to enhance and improve the App and the Bell MTS TV to Go service. By using this App, You agree that Bell MTS may collect and use Your Information for such purposes. Bell MTS respects your privacy and will only use Your Information in accordance with our Privacy Code, which can be found at bellmts.ca/privacy.
4. Rights to App.
You acknowledge and agree that the App, any copies thereof, source and object codes and all related documentation, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with the App are, and shall remain, the sole and exclusive property of Bell MTS or its licensors. You are not granted any intellectual property rights in or to the App.
5. Services and Third Party Content.
You acknowledge and agree that the App permits access to the Bell MTS TV to Go service and may permit access to certain other services provided by Bell MTS or third parties (collective, the “Services”). You agree to use the Services at Your sole discretion and risk. Bell MTS shall have no liability to You for content You access through Services that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that the App or Services may permit access to text, images, and other materials or services provided by third parties (“Third Party Content”). You further acknowledge and agree that Your access to and use of Third Party Content shall be at Your sole discretion and risk and any rights in the Third Party Content remains with the content owner. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such Third Party Content. Bell MTS’ shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content.
6. Term and Termination.
This Licence shall be effective until terminated by Bell MTS or You. Upon termination, You shall cease use of the App, un-install the App from Your Devices and delete any copies of the App. This License shall terminate automatically if You fail to comply with the terms of this Licence. Bell MTS may, without notice to You, disable the App. Your ability to use the Bell MTS TV to Go service is subject to Your system compatibility with the App. Compatibility of system requirements with the App is Your responsibility.
7. Disclaimer of Warranties.
THE APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BELL MTS DOES NOT MAKE EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE APP. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW.
8. Limitation of Liability and Indemnity.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL BELL MTS, ITS PARTNERS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND ANY THIRD PARTY CONTENT, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BELL MTS’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID TO BELL MTS FOR THE APP OVER THE PRIOR SIX MONTHS OR TEN DOLLARS ($10.00).
You shall indemnify, defend and hold harmless Bell MTS and its partners, suppliers and licensors, and their officers, directors, agents and employees from and against any claim, proceeding, loss, damage, and expense (including fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your use of, or inability to use, the App or Third Party Content; (ii) Your breach of this Licence; (iii) Your violation of the rights of a third party; or (iv) Your negligence or willful misconduct. You will promptly notify Bell MTS in writing of any third party claim arising out of or in connection with the App.
This Licence shall be governed by the laws of the Province of Manitoba. If any provision of this Licence is held to be invalid or unenforceable, the remainder of this Licence shall not be affected and each remaining provision of shall be valid and enforceable. The failure to exercise a right or require performance of an obligation under this Licence shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. Bell MTS may amend the terms of this Licence at any time, with or without notice to You, by posting a copy of the amended Licence available through the App. You will be deemed to have agreed to any such amendment by Your decision to continue using the App following the date in which the amended Licence is made available. Sections 2 through 4 and 6 through 9 shall survive the termination of this Licence.
If you have downloaded the App from the Apple iTunes Application Store, the following additional terms apply to the App:
You agree and acknowledge that Apple is not responsible for the App and its content. In addition, Your use of the App is limited to a non-transferable license to use the App on any Apple branded products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Apple has no warranty obligation with respect to the App and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is the responsibility of Bell MTS. Please note that Bell MTS has disclaimed all warranties (see section 7 above). Apple is not responsible for addressing any claims relating to the App or Your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for any third-party infringement claims that the App or Your possession and use of the App infringe a third party’s intellectual property rights.
You represent and warrant that You are not located in any country that is subject to a US government embargo, or that has been designated by the US Government as a “terrorist supporting” country and You are not listed on any US Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the License against You as a third party beneficiary thereof.
Content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. This device uses PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device’s ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.