Telecom Android Music Store

End User Licence Agreement

1. By installing, copying, or otherwise using the Telecom Music Store and the Telecom Music Store Application (together the “Service”) or associated software, you acknowledge that you have read and understood this End-User License Agreement (“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 Agreement, do not install, copy, or use the Service, software or any music, images, video, text, or other material available through the Service ("Content").
2. Upon payment of our fees for Content, we grant you a non-exclusive, non-transferable license to use the Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement.
3. The Service is intended for use by Telecom New Zealand XT customers within New Zealand only and is optimised for use on mobile handsets with Android Operating System 2.0 and higher.  You may only use the Service and/or download Content where you are the person responsible for paying the mobile phone bill or if you have the agreement of the person responsible for doing so.  Content may only be purchased when your mobile is connected to Telecom's 3G network although you may download Content using Wifi once your purchase is complete.
4. The application is provided to you at no cost, however you will be responsible for any costs and data charges incurred with downloading, installing and using the application and Service, including browsing, previewing and downloading Content and downloading any information updates or upgrades required for the application.
5. You agree that you will not reverse engineer, decompile, disassemble, or otherwise tamper with the Service, Content or any of the security components, special rules or other protections (as applicable) for any reason whatsoever. You agree to abide by the rules and policies established from time to time by Telecom New Zealand Limited (“Telecom”) (including but not limited to any fair use policies applied from time to time). Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Service and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
6. You agree not to make any use of the Content that would infringe the copyright therein or breach any applicable law, statute or regulation.
7. The Service and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, non commercial entertainment use. This Content may be owned by Telecom or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law and the terms of this Agreement. You agree that you will not attempt to edit or modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Content.
8. You represent, warrant and agree that you are using the Service hereunder for your own personal, non commercial entertainment use and not for redistribution of any kind. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, reformat, modify, adapt, edit, sub-license, or otherwise transfer or deal with the Content. You are not granted any synchronisation, public performance, promotional use, commercial sale, resale, reproduction, or distribution rights for the Content. You acknowledge that the Content embodies the intellectual property of a third party or parties and is protected by law and you agree to notify Telecom immediately if you become aware of any unauthorized use or copying of the Content.
9. Telecom and/or the owners of the Content may, from time to time, remove Content from the Service or terminate the Service without notice.  Telecom recommends that you back up any downloaded Content regularly.  Termination of the Service shall not affect the accrued rights and liabilities of you or Telecom.
10. The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.  You are responsible for any misuse of the Service or Content or breach of the terms of this Agreement by any person you allow to use the Service or Content through your access to the Service.
11. The service including all content and other information, materials and products included on or otherwise made available to you through the Service are provided "as-is" and "as available" without warranties of any kind from telecom or any owners of content. To the full extent permissible by applicable law, Telecom and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Telecom nor any owner of Content warrants that the Service or any Content, information, materials or products included on or otherwise made available to you through the Service are free of error, viruses or other harmful components.
12. Neither Telecom nor any owner of content will be liable for any incidental, punitive, special or consequential damages of any kind arising from the use of the service or from content, information, materials or products included on or otherwise made available to you through the service, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.
13. You irrevocably agree to indemnify Telecom and the owners of the Content fully against any and all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by Telecom or the owners of the Content as a result of any claim by any third party resulting from your use of the Service or Content in breach or non-observance of this Agreement.
14. Telecom may change the terms of this Agreement from time to time without notice.
15. The XT Mobile Terms and Conditions together with Telecom's Privacy Policy shall also apply to your use of Service or purchase of Content.
16. Content may be subject to embedded access control technologies (digital rights management) dependant upon the date of download.