Hudl Device Terms & Conditions
PLEASE READ CAREFULLY BEFORE CONTINUING YOUR DEVICE REGISTRATION
- BY TAPPING ON THE "CONTINUE" BUTTON YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS
- IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD DISCONTINUE THE REGISTRATION PROCESS. IN THIS CASE YOU MAY RETURN THE HUDL AND ALL ACCOMPANYING ACCESSORIES, DOCUMENTATION AND PACKAGING, TOGETHER WITH PROOF OF PAYMENT WITHIN FOURTEEN DAYS OF PURCHASE FOR A REFUND. YOUR STATUTORY RIGHTS ARE UNAFFECTED.
- Following registration you may access these terms in the Settings Menu under the “About Tablet” tab or go to www.tesco.com/hudl.
- Your Hudl will require a Wi-Fi connection for set-up. You will also need a Wi-Fi connection to shop for and download digital content. Your access to a Wi-Fi network is subject to the terms and conditions of the Wi-Fi network provider.
- If your Hudl is in an area that does not have access to a Wi-Fi network some of the services and/or features of this device may not work properly.
Licence of software
- In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use all Tesco owned software preinstalled on the Hudl device (the “Software”). We reserve all other rights. You do not own the software and may not transfer it.
- These Terms apply to the Software, including any updates to the Software that we may make available from time to time, unless such updates come with separate terms, in which case those terms shall apply. If any open-source software is included in the Software, the terms of such open-source licence may override some of these Terms.
- You may:
- use the Software for your personal purposes only; and
- receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by us from time to time.
- Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
- not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the Software with another software program; and
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software which is substantially similar to the Software;
- not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
together the “Licence Restrictions.”
Acceptable use restrictions
- You must:
- not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Software;
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software;
- not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers supporting the Hudl device.
Intellectual property rights
- You acknowledge that all intellectual property rights in the Software anywhere in the world belongs to us, that rights in the Software are licensed (not sold) to you, and that you have no title, ownership rights in, or to, the Software other than the right to use it on your Hudl in accordance with these Terms.
- You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
- The integrity of this Software may be protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Software are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.
Warranty and support
- Your Hudl (including the supplied charger and the micro USB to USB cable) is covered by a warranty for 12 months from the date of purchase. If a fault develops during this period, please contact the Hudl helpline; from landlines on 0800 323 40 60, and from mobile phones you can call the mobile friendly number 0330 123 40 60 (please note, calls to this number will cost you no more than a national rate call to an 01 or 02 number and will be included as part of any inclusive minutes or discount package that you are entitled to). To help us respond as efficiently as possible, please have your original purchase receipt with you when you call.
- The warranty covers manufacturing defects only. Tesco’s liability is limited to the cost of repair and/or replacement of the product under warranty. The warranty does not extend to any data or content stored on the device. This includes any information or data that you may have stored on your device personally at the time it is delivered for repair or replacement (including any confidential or private information such as photographs and emails).
- In the event that your device has been repaired or replaced under this warranty, your warranty period will continue for either 90 days from the replacement or repair of your device or the remaining duration of the original 12 months whichever is the greater.
- The warranty does not apply:
- if the defect is caused (howsoever) by misuse, neglect, and tampering or incorrect adjustment or by your actions (such as dropping the device or exposure to liquids);
- if unauthorized persons carry out any alterations and/or repairs;
- if any ancillary equipment not furnished or recommended by Tesco causes problems or damage that is attached to or used in connection with the device; and/or
- if the defect or fault in the Hudl or Software results from you having used them in contravention of these Terms.
- This warranty will also not apply if you breach any of the Licence Restrictions or the Acceptable Use Restrictions. In the event that you have breached any of these Restrictions Tesco also reserves the right to terminate your Licence.
- This warranty is in addition to your legal rights. These include:
- that any products supplied by us will be of satisfactory quality; and
- that we will provide services to a reasonable standard and within a reasonable time.
Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
Limitation of liability
- You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.
- We only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- To the extent not prohibited by law, in no event will Tesco, its subsidiaries, officers, employees or suppliers be liable for any damages, including but not limited to, any loss, or for indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms, for example losses stemming from corruption of data, or the ability to transmit or receive data, or loss of profits or loss of opportunity. We expressly disclaim any responsibility or liability for any interruption or suspension of any content or service made available through this device.
- We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You also have certain statutory rights under the law which are guaranteed and nothing in these Terms is intended to affect these statutory rights.
- By using the Hudl, you consent to us collecting and using technical information from the device and the Software. The Hudl will upload updates regarding key device systems on a regular basis. It is important to note that this information cannot be used to personally identify you or be used in any manner that could single out a specific device.
- The information is used solely for the purposes of monitoring and improving the performance of the Software and systems of the Hudl device. This will include development of bug fixes and enhancements.
- Via the Hudl you may access other independent third-party websites and applications (“Third-party Sites and Apps”). Third-party Sites and Apps (such as those operated by Google Inc.) are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites and Apps, including the purchase and use of any products or services accessible through them.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
- If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
Other important terms
- We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that these Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and Northern Irish laws shall apply and if you are resident of Scotland, you may also bring proceedings in Scotland and Scottish law shall apply.
- You will receive notification of any such change when we make available any update to the Software. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the updated Software. You will receive reasonable notice of any changes to these Terms other than accompanying any update to the Software and in that case, you may terminate this Terms by giving notice by email if we tell you we are changing these Terms to your detriment.
If you have any questions about these Terms, please write to: Tesco Stores Ltd, Legal Department, Delamare Road, Cheshunt, Herts, EN8 9SL.
Open Source Attribution
Any Open Source Software Licenced used shall be attributed in the System Preferences/ About Tablet/ Legal Information section as may be updated from time to time.
In addition the following Open Source Software is used:
- Icepick - https://github.com/frankiesardo/icepick
Copyright 2013 Frankie Sardo, Novoda LTD, used under the Apache (Software) License, version 2.0
- Picasa - https://github.com/square/picasso
Copyright 2013 Square inc, used under the Apache (Software) License, version 2.0
- DragSortListView - https://github.com/bauerca/drag-sort-listview
Copyright 2012 Carl Bauer, used under the Apache (Software) License, version 2.0
- NoTils - https://github.com/novoda/NoTils
Copyright 2013 Novoda LTD, used under the Apache (Software) License, version 2.0