1.
PROPERTY OF MEPS (INTERNATIONAL) LTD ("MEPS")
The conditions below allows you to obtain a copy of selected steel information
by downloading it remotely from our server at www.meps.co.uk. The
"Materials" which can be purchased are set out in Schedule 1 of this
Agreement. The copyright, database rights, know how and any other intellectual
property rights in the data are and remain the property of MEPS. You are
licensed to use them only if you accept all the terms and conditions set out
below.
2.
ACCEPTANCE PROCEDURE
By clicking on the acceptance button which follows this Agreement (marked 'do
you accept these terms and conditions?'), you indicate acceptance and the
limited warranty and limitation of liability. Such acceptance is either on your
own behalf or on behalf of any corporate entity which employs you or which you
represent.
3.
REJECTION PROCEDURE
You should therefore read this Agreement carefully before clicking on the
acceptance button. If you do not accept these terms and conditions, you will
not be able to continue with your purchase.
4.
LIMITED WARRANTY
4.1 Ownership of materials and copies
The Materials and related documentation is copyrighted works of authorship, and
are also protected under applicable database laws. MEPS retain ownership of the
Materials and all subsequent copies of the Materials, regardless of the form in
which the copies may exist. This Agreement is not a sale of the original
Materials or any copies and is for one user only.
4.2
Access
Provided that you have paid the required fee set out in clause 4.3 below, MEPS
grants to you a limited access to the Materials for your own use.
4.3
Fees
4.3.1 The fee payable is as set out at the MEPS web site.
4.3.2 All payments will attract VAT at the UK
rate if applicable. If you are based outside the
UK
, VAT may be waived on the provision of your registered VAT number.
4.4
Restrictions
You may not use, copy, modify or transfer the Materials (including any related
documentation) or any copy, in whole or in part, including any print-out of all
or part of any database, except as expressly provided for in this Agreement.
You may not translate, reverse engineer, decompile, disassemble, modify or
create derivative works based on the Materials. You may not vary, delete or
obscure any copyright notices or any product identification or restrictions on
or in the Materials.
4.5
No transfer
The Materials are licensed only to you. You may not rent, lease, sub-license,
sell, assign, pledge, transfer or otherwise dispose of the Materials, on a
temporary or permanent basis, without the prior written consent of MEPS.
4.6
Undertakings
You undertake to:
4.6.1 Include our copyright notice on all and any copies of the
Materials, including any partial copies of the Materials, authorised by MEPS to
be reproduced.
4.6.2 Hold all tables, specifications, data, listings and all other
information relating to the Materials confidential and not at any time disclose
the same, whether directly or indirectly, to any third party without MEPS
consent.
4.7
No warranty
4.7.1 The information contained in the Materials is obtained from
sources on the steel market which MEPS considers to be accurate. MEPS uses its
reasonable endeavours to ensure that the information in the Materials is
correct and that its analysis is reliable but no warranty is made as to the
accuracy of the Materials.
4.7.2 MEPS shall not be liable for any reliance on the Materials by you.
You assume the entire risk as to the use and performance of the Materials.
4.7.3 MEPS does not warrant that the Materials will meet your
requirements or that its operation will be uninterrupted or error free.
4.8
Limitation of liability
MEPS's entire liability and your exclusive remedy shall be:
4.8.1 If you are unable to access the Materials, MEPS will send you an
electronic version.
4.9
Exclusion of liability
Except in respect of personal injury or death caused directly by the negligence
of MEPS, in no event will MEPS be liable to you for any damages, including any
lost profits, lost savings, loss of data or any indirect, special, incidental
or consequential damages arising out of the use of or inability to use such
Materials, even if MEPS has been advised of the possibility of such damages.
Nothing in this Agreement limits liability for fraudulent misrepresentation.
4.10
Changes and Termination
MEPS reserve the right to alter the Materials as they wish.
4.11
Refund Policy
No refund will be payable.
4.12
General
4.12.1 You agree that MEPS shall have the right, after supplying
undertakings as to confidentiality, to audit the use of the website to verify
compliance with this software Agreement.
4.12.2 Each party irrevocably agrees that the courts of
England
and
Wales
shall have exclusive jurisdiction to resolve any controversy or claim of
whatever nature arising out of or in relation to this Agreement and the place
of performance of this Agreement shall be
England
the laws of that country shall govern such controversy or claim.
4.12.3 This Agreement constitutes the complete and exclusive statement
of the licence between MEPS and you with respect to the subject matter of this
Agreement and supersedes all proposals, representations, understandings and
prior agreements, whether oral or written, and all other communications between
us relating to that subject matter.
4.12.4 Any clause in this Agreement that is found to be invalid or
unenforceable shall be deemed deleted and the remainder of this Agreement shall
not be affected by that deletion.
4.12.5 Failure or neglect by either party to exercise any of its rights
or remedies under this Agreement will not be construed as a waiver of that
party's rights nor in any way affect the validity of the whole or part of this
Agreement nor prejudice that party's right to take subsequent action.
4.12.6 This Agreement is personal to you and you may not assign,
transfer, sub-contract or otherwise part with this Agreement or any right or
obligation under it without MEPS prior written consent.
4.13
Third parties
This Agreement does not create any right enforceable by any person who is not a
party to it ('Third Party') under the Contracts (Rights of Third Parties) Act
1999, but this clause does not affect any right or remedy of a Third Party
which exists or is available apart from that Act.
SCHEDULE
1
THE MATERIALS
MEPS On-line Steel Reports
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