Costmodelling Limited's copyright policy and terms and conditions regarding use of Costmodelling Limited material
Access to and use of 'costmodelling.com' both within the UK and internationally is provided by Costmodelling Limited on the following terms:
1. By using costmodelling.com you agree to be bound by these terms, which shall take effect immediately on your first use of costmodelling.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to costmodelling.com.
2. Costmodelling Limited may change these terms from time to time and so you should check these terms regularly. Your continued use of costmodelling.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this web site. If there is any conflict between these terms and specific local terms appearing elsewhere on costmodelling.com (including house rules) then the latter shall prevail.
3. You agree to use costmodelling.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of costmodelling.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within costmodelling.com.
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on costmodelling.com and all content (including all applications) located on the site shall remain vested in Costmodelling Limited or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use costmodelling.com content in any way except for your own use. You also agree not to adapt, alter or create a derivative work from any costmodelling.com content except for your own use. Any other use of costmodelling.com content requires the prior written permission of Costmodelling Limited.
5. The names, images and logos identifying Costmodelling Limited or third parties and their products and services are subject to copyright, design rights and trade marks of Costmodelling Limited and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Costmodelling Limited or any other third party.
6. By sharing any contribution with Costmodelling Limited you agree to grant to Costmodelling Limited, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons). In certain circumstance Costmodelling Limited may also share your contribution with trusted third parties.
7. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
8. In order that Costmodelling Limited can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Costmodelling Limited permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16.
10. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with Costmodelling Limited.
11. If you do not want to grant Costmodelling Limited the permission set out above on these terms, please do not submit or share your contribution to or with costmodelling.com.
12. Costmodelling Limited are not responsible for any content posted by members of the public on costmodelling.com or for the availability or content of any third party sites that are accessible through costmodelling.com. Any links to third party web sites from costmodelling.com do not amount to any endorsement of that site by Costmodelling Limited and any use of that site by you is at your own risk.
13. costmodelling.com content, including the information, names, images, pictures, logos and icons regarding or relating to Costmodelling Limited, its products and services (or to third party products and services), is provided 'AS IS' and on an 'AS AVAILABLE' basis. To the extent permitted by law, Costmodelling Limited excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Costmodelling Limited does not guarantee the timeliness, completeness or performance of the web site or any of the content. While we try to ensure that all content provided by Costmodelling Limited is correct at the time of publication no responsibility is accepted by or on behalf of Costmodelling Limited for any errors, omissions or inaccurate content on the web site.
14. Nothing in these terms limits or excludes Costmodelling Limited's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Costmodelling Limited shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of costmodelling.com regardless of the form of action.
15. Costmodelling Limited do not warrant that functions available on costmodelling.com will be uninterrupted or error free, that defects will be corrected, or that costmodelling.com or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
16. Important - read carefully: This Costmodelling Limited Licence Agreement is a legal agreement between you (either an individual or a single entity) and Costmodelling Limited for the Costmodelling CostAdviser Professional software product identified above, which includes computer software and may include associated media, printed materials, and on-line or electronic documentation (Software Product). The Software Product also includes any updates and supplements to the original Software Product provided to you by Costmodelling Limited. By installing, copying, downloading, accessing, or otherwise using the Software Product, you agree to be bound by the terms of this Licence. If you do not agree to the terms of this Licence, do not install or use the Software Product and return it to the supplier.
17. SOFTWARE PRODUCT LICENCE
18. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. To operate the Software Product you must have a valid Licence. When you purchase your licence your contract with us is for 12 months. Within 1 month of the licence (contract) expiry date we shall contact you advising you that to ensure there is no loss of service your licence and contract will be renewed automatically for a further 12 months and subscription payments taken unless you notify us at least 7 days in advance of the licence expiry date that you wish to cancel your subscription. If you do cancel your subscription we guarantee that no further payments will be taken beyond those due. The price for the Licence will be as published by Costmodelling Limited and will be subject to review. Costmodelling Limited reserve to right to charge interest on any overdue payments from the Customer to Costmodelling Limited. The interest rate shall be 8% per annum over HSBC's UK base lending rate applicable at the time the payment from the customer is due. The interest will be calculated and compounded on a daily basis. Costmodelling Limited reserve to right to take action for the recovery of any debt due.
19. GRANT OF LICENCE. This Licence grants you the following rights:
20. Applications Software. You may install, use, access, display, run, or otherwise interact with (Run) one copy of the Software Product, or any prior version for the same operating system, on the number of computers, workstations, terminals, handheld PCs, or other digital electronic devices (Computers) stated as your Licensed Copies. A license for the Software Product may not be shared or used concurrently on different Computers.
21. Storage/Network Use. If you store or install a copy of the Software Product on a storage device, such as a network server, used only to Run the Software Product on other Computers over an internal network, you must acquire and dedicate a license for each separate Computer on which the Software Product is Run from the storage device. A license for the Software Product may not be shared or used concurrently on different Computers.
22. Licence Pack. If this package is a Licence Pack, you may run additional copies of the computer software portion of the Software Product up to the number of copies specified as Licensed Copies.
23. Reservation of Rights. All rights not expressly granted are reserved by Costmodelling Limited.
24. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
25. Academic Edition Software. If the Software Product is identified as Academic Edition, you must be a Qualified Educational User to use the Software Product. Academic Editions must be used for academic non-commercial purposes only; they must not be used for any commercial purpose. If you have an Academic Edition and are not a Qualified Educational User, you have no rights under this Licence. To determine whether you are a Qualified Educational User, please contact Costmodelling Limited.
26. Control of Concurrent Use of the Software. You will control concurrent use of the software through third party software to ensure the licensing limit is not breached.
27. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
28. Separation of Components. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Computer.
29. Trademarks. This Licence does not grant you any rights in connection with any trademarks or service marks of Costmodelling Limited.
30. Rental. You may not resell, rent, lease, lend or otherwise transfer for value the Software Product.
31. Support Services. Costmodelling Limited may provide you with support services related to the Software Product (Support Services). Use of Support Services is governed by the Costmodelling Limited policies and programs described in online documentation, and/or in other Costmodelling Limited-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this Licence. With respect to technical information you provide to Costmodelling Limited as part of the Support Services, Costmodelling Limited may use such information for its business purposes, including for product support and development. Costmodelling Limited will not utilize such technical information in a form that personally identifies you.
32. Registration. During the installation process you may need to register the Software Product. As part of the Licence, you agree to register the Software Product if required. Costmodelling Limited guarantee not to pass your details on to any third party unless necessary for compliance with statutory requirements.
33. Termination. Without prejudice to any other rights, Costmodelling Limited may terminate this Licence if you fail to comply with the terms and conditions of this Licence. In such event, you must destroy all copies of the Software Product and all of its component parts.
34. UPGRADES. If the Software Product is labelled as an upgrade, you must be properly licensed to use a product identified by Costmodelling Limited as being eligible for the upgrade in order to use the Software Product. A Software Product labelled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this Licence. If the Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one Computer.
35. COPYRIGHT. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Costmodelling Limited. All title and intellectual property rights in and to the content that may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Licence grants you no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print copies of such electronic documentation.
36. DUAL-MEDIA SOFTWARE. You may receive the Software Product in more than one medium. Regardless of the type or size of medium you receive, you may use only the medium to Run the Software Product on the number of Computers stated as your Licensed Copies. You may not loan, rent, lease, or otherwise transfer the other medium to another user.
37. BACKUP COPY. After installation of the Software Product pursuant to this Licence, you may keep the original media on which the Software Product was provided by Costmodelling Limited solely for backup or archival purposes. If the original media is required to use the Software Product on the Computer, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this Licence, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.
38.LIMITED WARRANTY FOR SOFTWARE PRODUCTS. In the event of any errors occurring during the period described in the Support Services Period, Costmodelling Limited will make commercially reasonable efforts to solve any problem issues and issue any necessary upgrades.
39. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication.
40. Remedies nor any product support services offered by Costmodelling Limited are available without a valid Licence or Support Services.
41. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Costmodelling Limited disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the software product, and the provision of or failure to provide support services. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.
42. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, Costmodelling Limited cannot accept responsibility for any information produced by this software, and in no event shall Costmodelling Limited be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or the provision of or failure to provide Support Services, even if Costmodelling Limited has been advised of the possibility of such damages.
43. YOUR OBLIGATIONS. Whilst every care has been taken in the production of data in the Software Product, such data is offered for guidance only. It is the responsibility of the user to ensure that all information produced and used in the use of the Software Product is appropriate for the required purpose. The operation of the Software Product requires the skill of the operator to produce correct results. Under the terms of this Licence, you are agreeing to use this skill.
44. Because of the nature of the Software Product, it is possible that some inappropriate user actions may cause the Software Product not to operate as intended. You are advised to check all calculations and transfer of data when using the Software Product and under the terms of this Licence you agree to do so.
46. Should you have any questions concerning this Licence, or if you wish to contact Costmodelling Limited for any reason, please contact Costmodelling Limited, Burnside, Keldspring Lane, Barmby Moor, York, England YO42 4HW or or use our website contact form.
47. Costmodelling CostAdviser Professional requires correct dates to be maintained on your computer. Under the terms of the Licence you agree to maintain these correct dates. Not maintaining the correct date may interfere with the correct operation of the Software Product. Costmodelling Limited cannot be held responsible for any consequences of you not maintaining the correct date, or any action by the user to change the correct date.
48. ACCEPTANCE OF LICENCE
49. By installing this software, you agree to and accept all the terms of this Licence.
50. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
51. The failure or delay of Costmodelling Limited to exercise or enforce any right in these terms does not waive Costmodelling Limited's right to enforce that right.
52. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.