Virus Bulletin : Virus Bulletin online terms and conditions: individual subscription

VIRUS BULLETIN ONLINE TERMS AND CONDITIONS: INDIVIDUAL SUBSCRIPTION

We advise you to print out these terms and conditions and keep a copy for your records.

When you complete and send us the on-line order, you are offering to enter into an agreement with us on the following Terms and Conditions. Following our receipt of your on-line order we will inform you if we do not, for any reason, accept and process your order.

If we accept your order, we will confirm that acceptance to you by e-mail and, on our sending that confirmatory e-mail to you, an agreement ("the Agreement") for the supply of the Virus Bulletin selected by you in your on-line order ("Licensed Material") will be created between you and Virus Bulletin Limited.

IT IS HEREBY AGREED AS FOLLOWS:

1. DEFINITIONS

In this Agreement, the following expressions have the following meanings:

"Commercial Use" means use for the purposes of monetary reward (whether by or for the Licensee, or any other person or entity) by means of sale, resale, loan, transfer, hire, or other form of exploitation of the Licensed Material;

"Licensee" means the individual named in the online subscription order form;

"Licensed Material" means the online edition of Virus Bulletin;

"Passwords" means the user name and password selected by the Licensee to enable the Licensee to access the Licensed Material;

"Server" means either Virus Bulletin's server or a third party server designated by Virus Bulletin on which the Licensed Material is stored and through which the Licensee may gain access to the Licensed Material by means of the World Wide Web;

"Subscription Period" means in respect of the Licensed Material, the period commencing on the date on which the Agreement is created as stated above and continuing for so long as the Licensee has a current subscription for that Licensed Material, subject to the provisions for earlier termination set out below.

"Virus Bulletin" means Virus Bulletin Limited (company number 2388295) whose registered address is at The Pentagon, Abingdon Science Park, Abingdon, Oxfordshire OX14 3YP;

"Virus Bulletin Trade Marks" means VIRUS BULLETIN and any other trade marks, registered or unregistered, of Virus Bulletin included in the Licensed Material.

2. LICENCE

2.1 Virus Bulletin grants the Licensee the non-exclusive and non-transferable right to access and use the Licensed Material throughout the Subscription Period for the purposes of personal study and non- Commercial Use.

2.2 During the Subscription Period, the Licensee may:

2.2.1 access the Server in order to search, view, retrieve, and display the Licensed Material and/or parts of it;

2.2.2 electronically save parts of the Licensed Material; and

2.2.3 print out single copies of parts of or all of the Licensed Material.

2.3 The Licensee may not:

2.3.1 remove or alter Virus Bulletin's copyright notices or other means of identification or disclaimers as they appear in the Licensed Material;

2.3.2 systematically make printed or electronic copies of multiple extracts of the Licensed Material for any purpose;

2.3.3 display or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet;

2.3.4 permit anyone to access or use the Licensed Material;

2.3.5 use all or any part of the Licensed Material for any Commercial Use.

2.4 Virus Bulletin reserves the right to withdraw access to the Licensed Material in the event of the detection of a page download rate in excess of 4 pages per second per individual browser session. The withdrawal of access in such circumstances is generated by an automatic abuse detection process designed to protect Virus Bulletin's intellectual property rights in the Licensed Material. Upon activation of the process emails including details of the actual download rate detected will automatically be sent both to the Licensee and to Virus Bulletin's customer service. Virus Bulletin's customer service will then contact the Licensee to investigate. Virus Bulletin will only restore access when the matter has been satisfactorily resolved.

3. RESPONSIBILITIES OF THE LICENSEE

3.1 The Licensee will obtain at its cost all telecommunications and other equipment and software (including an Internet browser and portable document file reader) together with all relevant software licenses necessary to access the Licensed Material online.

3.2 The Licensee will be responsible for the confidentiality and all use of its Password(s)

3.3 The Licensee will notify Virus Bulletin as soon as practicable if it becomes aware of either of the following: (a) any loss or theft of the Licensee's password(s); or (b) any unauthorised use of any of the Licensee's Password(s).

4. RESPONSIBILITIES OF VIRUS BULLETIN

4.1 Virus Bulletin shall use all reasonable efforts to:

4.1.1 make the Licensed Material available by means of the Internet to the Licensee throughout the Subscription Period;

4.1.2 ensure that the Server has sufficient capacity and rate of connectivity to provide the Licensee with a quality of service comparable to current Internet standards; and

4.1.3 restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service.

5. ACKNOWLEDGMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

5.1 The Licensee acknowledges that all copyrights, patent rights, Virus Bulletin Trade Marks, services marks, database rights, trade secrets and other intellectual property rights relating to the Licensed Material ("Virus Bulletin Intellectual Property"), are the sole and exclusive property of Virus Bulletin and that this Agreement does not convey to the Licensee any right, title, or interest therein except for the right to use the Licensed Material in accordance with the terms and conditions of this Agreement.

5.2 The Licensee shall notify Virus Bulletin promptly (i) of the facts and circumstances surrounding any unauthorised possession or use of the Licensed Material, or Virus Bulletin Intellectual Property, or any portion thereof; and (ii) on becoming aware of any claim by any third party that the Licensed Material infringe an intellectual property or proprietary right of any third party.

6. WARRANTIES

6.1 Virus Bulletin owns the Virus Bulletin IP and it has the right to grant the licence by this Agreement to the Licensee.

6.2 Save as provided above, Virus Bulletin gives no warranty, express or implied, and makes no representation that (i) the Licensed Material will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to Virus Bulletin; or (ii) that the Licensed Material will operate error free or without interruption or that any errors will be corrected; or (iii) that the material published in the Licensed Material is either complete or accurate.

6.3 In no circumstances will Virus Bulletin be liable to the Licensee or any third party for any loss resulting from a cause over which Virus Bulletin does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors.

6.4 In no circumstances will Virus Bulletin be liable to the Licensee or any third party for any consequential, incidental, special or indirect damages including, without limitation, damages for loss of data or corruption of data, loss of programs, loss of business or goodwill, or other damages or losses of any nature arising out of the use of, or inability to use the Licensed Material.

6.5 Without prejudice to the indemnity in clause 7.1,the Licensee agrees that the entire liability of Virus Bulletin to the Licensee arising out of any kind of legal claim (whether in contract, tort, by statute or otherwise) in any way connected with the use or inability to use the Licensed Material shall be the refund of any Charges paid hereunder.

7. INDEMNITIES AND FORCE MAJEURE

7.1 Notwithstanding the limitation of liability in clause 6.5, Virus Bulletin shall defend, indemnify, and hold the Licensee harmless against all claims, suits, proceedings, losses, liabilities, and damages (including costs, expenses, and reasonable legal fees) asserted by third parties against the Licensee which arise out of any act or omission by Virus Bulletin that constitutes a breach of Virus Bulletin's warranties hereunder.

7.2 The Licensee shall defend, indemnify, and hold Virus Bulletin harmless against all claims, suits, proceedings, losses, liabilities, and damages (including costs, expenses, and reasonable legal fees) arising from (i) any unauthorised use or dissemination of the Licensed Material by the Licensee and (ii) any violation of this Agreement or of any third party's rights by the Licensee, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights.

7.3 The obligations in clauses 7.1 and 7.2 will survive the termination of this Agreement.

7.4 The Licensee and Virus Bulletin shall be neither liable nor deemed to be in breach of this Agreement for any failure in performance of this Agreement which results from circumstances beyond the reasonable control of that party, including without limitation to any acts of God, government authority, disaster or other emergencies.

8. TERMINATION

8.1 Either party may terminate this Agreement immediately by serving written notice on the other in the event that the other party commits a material breach of this Agreement and in the case of a breach capable of remedy fails to remedy the same within 30 days receipt of a request to remedy. Without limitation, a breach by the Licensee of the provisions of clause 2.3 or 3.3 above would constitute a material breach of this Licence.

8.2 Virus Bulletin reserves the right at any time on 30 days' notice to the Licensee to terminate this Agreement in whole or in part due to ceasing publication of all or part of the Licensed Material. In the event of a termination in accordance with this clause 8.2 Virus Bulletin will refund the pro rata portion of any charges which may have been paid by the Licensee for the balance of the Subscription Period outstanding at the date of such termination.

9. GENERAL

9.1 This Agreement is personal to and binding on the parties and neither this Agreement nor any of the rights under it may be assigned or sub-licensed.

9.2 All notices required to be given under this Agreement shall be given in writing in English and left at or sent by first class registered or recorded delivery to the appropriate address shown at the head of this Licence, or such other address as the party concerned shall from time to time designate by notice pursuant to this clause. Such notices shall be deemed to be delivered (i) when left at the addressee's address; or (ii) if posted 10 (ten) days after posting. All notices to Virus Bulletin shall be marked for the attention of the Editor. All notices to the Licensee shall be marked for the attention of the person whose contact details are given in the Schedule.

9.3 This Agreement constitutes the entire agreement of the parties about its subject matter, supersedes all prior communications, understandings and agreements (whether written or oral) relating to its subject matter and may not be amended or modified except by agreement in writing signed by both parties.

9.4 No provision in this Agreement is intended to be enforceable by a person who is not a party to this Agreement.

9.5 The rights of the parties arising under this Agreement shall not be waived except in writing. Any waiver of any of a party's rights under this Agreement or of any breach of this Agreement by the other party shall not be construed as a waiver of any other rights or of any other further breach.

9.6 Headings used in this Agreement are for convenience only and are deemed not to be part of the Agreement.