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1. PROPERTY OF MEPS
(INTERNATIONAL) LTD ("MEPS")
The Licence below allows you to obtain a single copy of MEPS
Reports/Publications and/or 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 to view / obtain copies effective for a 12 month period from the
date of payment of the required licence fee. MEPS indefinitely retains the
ownership of all material and all subsequent copies of the material regardless
of the form in which the copies may exist.
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 and copyright law.
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
Reports/Publications |