1. PROPERTY OF MEPS (INTERNATIONAL) LTD ("MEPS")
The Licence below allows you to obtain a copy of selected average steel
prices/indices and forecasts by subscription for a period of 12 months by
downloading it remotely from our server at www.meps.co.uk. The
"Materials" which can be licensed 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. LICENCE ACCEPTANCE PROCEDURE
By clicking on the acceptance button which follows this licence agreement
(marked 'do you accept these terms and conditions?'), you indicate acceptance
of this licence and the limited warranty and limitation of liability set out in
this licence. Such acceptance is either on your own behalf or on behalf of any
corporate entity which employs you or which you represent ('corporate
licensee'). You will be asked to create a user name and password to enable you
to enter the MEPS web site. In this licence agreement, 'you' includes both the
reader and any corporate licensee.
3. LICENCE REJECTION PROCEDURE
You should therefore read this licence 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 licence.
4. LICENCE AND 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 licence is not a sale of the original
Materials or any copies and is for one user only.
4.2 Licence
Provided that you have paid the required licence fee set out in clause 4.3
below, MEPS grants to you a limited, non-exclusive licence for 12 months to
access the Materials for use on your own personal computer. You may enter the
MEPS web site a restricted number of times per month to gain access to the
Materials, using your user name and password.
4.3 Licence Fees
4.3.1 The licence fee payable is included in the subscription rate(s)
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 Licence 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 licence. If
you transfer possession of any copy of the Materials to another party except as
provided above, your licence is automatically terminated. 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. Each
individual user must obtain a separate licence.
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, during
this licence or after its expiry, 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, during the Licence Period, you are unable to access the
Materials via the website for an extended period, MEPS will send you a paper or
electronic version of the Materials.
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 licence limits liability for fraudulent misrepresentation.
4.10 Term
The licence is effective for a 12 month period from the date of payment of the
required licence fee.
4.11 Changes and Termination
4.11.1 MEPS reserve the right to alter the Materials as they wish. If
changes are made to the Materials, the web site will contain a statement
notifying you of those changes.
4.11.2 MEPS may terminate this licence at any time on the basis that it
will repay to you a proportion of the licence fee for the remaining period of
the licence.
4.12 Refund Policy
Should you wish to terminate this licence no refund will be payable.
4.13 General
4.13.1 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 licence.
4.13.2 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.
4.13.3 This licence 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.
4.13.4 Any clause in this licence that is found to be invalid or
unenforceable shall be deemed deleted and the remainder of this licence shall
not be affected by that deletion.
4.13.5 Failure or neglect by either party to exercise any of its rights
or remedies under this licence 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
licence nor prejudice that party's right to take subsequent action.
4.13.6 This licence is personal to you and you may not assign, transfer,
sub-contract or otherwise part with this licence or any right or obligation
under it without MEPS prior written consent.
4.14 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
World and Regional Steel Price Tables
Carbon and Stainless Steel Price Product Forecasts
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