Technical Preview and Beta Software: Terms and Conditions of Use
By downloading, using or installing the software program ("the Software") you agree to the following terms and conditions:
Sophos Plc ("Sophos") shall provide you with a copy of the Software and any accompanying documentation. You shall test the Software in accordance with any conditions specified on the readme file for the Software during the test period specified by Sophos. You shall gather and report test data to Sophos in the manner specified.
You acknowledge that the Software is provided for test purposes only and Sophos does not grant any right, title or interest in the Software or any intellectual property of Sophos or any third party licensor. You may not sell or transfer the Software or any part of it to any third party, nor assign or transfer any of your rights or obligations under these terms and conditions.
If you do not choose to allow: (i) sharing of data with Sophos in order to improve protection, products and customer support services and/or application control; or (ii) remote assistance, this clause does not apply to you.
If you choose to allow sharing of such supplementary data with Sophos or authorise Sophos to provide remote assistance, you have agreed to implement optional functions which allow the Software to provide Sophos with various data and will include your contact details, if you so choose. While Sophos does not intend that any other such data shall include proprietary, confidential or user-identifiable data, by enabling this option you acknowledge that such data may include proprietary, confidential or user-identifiable data and you represent to Sophos that you have obtained all necessary permissions to share such data with Sophos.
You acknowledge that the Software is proprietary to and a trade secret of Sophos and/or its third party licensors and is to be used by you only in accordance with this Agreement. You shall clearly identify the Software as Sophos’s property. The Software and any documentation shall be kept by you in the strictest confidence. You will not without Sophos’s express prior written consent disclose any information about the Software to anyone other than your employees who are carrying out the testing; copy any part of the Software or the documentation except to the extent necessary to carry out the beta-testing; or reverse assemble, decompile or disassemble the Software or any part of it. You shall keep the Software, documentation and test results as secure as your confidential proprietary information which shall include, as a minimum, keeping all copies of the Software and associated documentation in a locked safe or filing cabinet when not in use.
Sophos gives no warranties, representations, conditions, undertakings or other obligations, whether express or implied by common law, trade usage, course of dealing or otherwise including any implied warranties of satisfactory quality or fitness for a particular purpose or any warranty that the Software will be error-free or that such errors will be corrected are given, all of which are hereby excluded to the fullest extent permitted by law. The Software is provided 'AS IS' and in no event will Sophos and its third party licensors be liable to you for any loss or damage of any kind (except personal injury or death resulting from Sophos’s negligence) arising from your use or inability to use the Software, or from faults or defects in the Software whether caused by negligence or otherwise. Sophos and its third party licensors shall not be liable for any direct, indirect, special, incidental or consequential damage, whether in contract, tort or otherwise, arising out of any use of the Software or associated documentation.
These terms and conditions are governed by the laws of England and the courts of England shall have non-exclusive jurisdiction to determine any dispute arising hereunder.
