Licence Agreement

PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGAL SECTION GOVERNING YOUR USE OF OUR WEB SITE ("THE WEBSITE") AND THE STANDARD DOCUMENTS WHICH APPEAR FROM TIME TO TIME ON THE WEBSITE ("THE STANDARD") AND WHICH ARE MADE AVAILABLE TO YOU BY RESEARCHENTITLEMENTS.NET ("WE", "US", OR "OUR"). IT ESTABLISHES A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU AS A RECIPIENT OF THE STANDARD OR USER OF THE WEBSITE AND US.

1. CONTENT
1.1. Rights
All rights in this Standard and in the other content published on the Website (other than Third Party Content) are owned either by us or made available to us under licence by third parties. The Website, the Standards and all other content published on the Website (other than Third Party Content) is protected by copyright in the United Kingdom and other countries. All trade marks and devices displayed on the Website (including any trade marks and devices included in any of the Third Party Content) are owned by us and/or our licensors, and may be registered in many jurisdictions across the world. Any use or reproduction of these trade marks and/or devices is prohibited. You may view the content published on the Website and you are welcome to print hard copies of material on it for your personal or internal business purposes.

1.2. Links to other web sites
You may be able to link to other web sites by means of hyperlinks published on the Website. These other web sites are owned and operated by third parties and we have no control over them or their content. The fact that we include hyperlinks on the Website does not mean that we approve of or endorse any third party web sites to which they will link you, the owners or operators of those web sites or the content of those web sites. We accept no liability for any statements, information, products (including, without limitation, software) or services that are published on or may be accessible through any web sites owned or operated by third parties. If you do make use of any hyperlinks on the Website, you should also be aware that different legal terms and conditions may apply to your use of and any products or services offered on those web sites. It is your responsibility to observe those other legal terms and conditions.

1.3. Content submitted by third parties
Registered users (including you) will be allowed to submit content and information to the Website ("Third Party Content"), some of which will then be published automatically on the Website. This facility is provided solely for the purpose of discussion regarding RIXML. We do not inspect or evaluate any Third Party Content before it is published on the Website and can give no warranties as to the accuracy, completeness, legitimacy or appropriateness thereof. We do not approve of or endorse any Third Party Content, nor does any of it necessarily represent our views or opinions. Nothing contained on the Website constitutes investment advice or an investment recommendation. All third parties able to submit Third Party Content to the Website will be required to adhere to these terms and conditions and specifically, without limitation, the Acceptable Use Requirements of paragraph 1.4. We may, in our sole discretion, take such steps as we may deem appropriate to remove or restrict access to any Third Party Content which, in our reasonable opinion, contravenes any of the terms of this Agreement (including, without limitation, the Acceptable Use Requirements in paragraph 1.4). We undertake to use reasonable endeavours to investigate any complaints that any Third Party Content contravenes the provisions of this Agreement and, specifically (without limitation) the Acceptable Use Requirements set out in paragraph 1.4. To the extent that you submit any Third Party Content, you hereby: (i) grant us the right to publish the same on the Website and to allow third parties to have access thereto for so long as we deem fit; (ii) agree that we shall be entitled to remove any such Third Party Content where we are entitled or required to do so, either under this Agreement, at law or by a court or other establishment of competent jurisdiction; (iii) indemnify us against any loss, damage, claims or liability arising as a result of your breach of or failure to comply with the Acceptable Use Requirements set out in paragraph 1.4.

1.4. Acceptable use requirements
You may not upload, post or submit to or distribute or otherwise publish through the Website any content or information which: (i) restricts or inhibits any other user from using the Website; (ii) is threatening, abusive, defamatory, obscene, offensive, or otherwise unlawful (or which may be reasonably considered to be so); (iii) constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law; (iv) infringes the rights (including, without limitation, intellectual property rights such as copyright, trade marks and patents) of third parties; (v) contains a virus or other harmful component; (vi) contains advertising of any kind; or (vii) constitutes or contains false or misleading indications of origin or statements of fact. When you upload, post or submit to or distribute or otherwise publish through the Website any content or information, you shall use all reasonable endeavours to ensure that such content or information is accurate, complete and up-to-date. You may not use the Website for any illegal purpose. We may, if we become aware of become aware of any information or material on the Website which contravenes the above, we will be entitled to remove it immediately. YOU WILL INDEMNIFY US ON DEMAND AGAINST ANY LOSS, DAMAGE, COST, EXPENSE OR CLAIMS ARISING FROM YOUR BREACH OF THIS PARAGRAPH.
1.5. Access to the Website If you are given access to areas of the Website on the basis of your affiliation with any party (e.g. where you obtain access to the Website because you are employed by a particular company) and that affiliation ceases to exist, you will immediately: (i) cease using the Website; and (ii) notify us of this, in which event we will withdraw access rights from your login name and password.

2. USE OF STANDARDS
2.1. Subject to the following part of this section 4, you may use the Standards for information purposes or to build systems that adhere to the criteria referred to in the Standards, and, for such use:
2.1.1. combine the Standards with or incorporate the Standards in any other programs; or
2.1.2. enhance or extend the Standards for such purpose.
2.2. Except as provided in clause 4.1, you may not alter or modify the Standards or attempt to do so or permit others to do so. In particular, you may not alter or delete any of the required fields of the Standards.
2.3. You may not charge for the use of the Standards or for use of parts of the Standards [unless prior permission is obtained from us].
2.4. You may make as many copies of the Standards as are reasonably necessary for the ordinary use of the Standards or for archival or back-up purposes. These copies are subject to these terms and conditions. You shall ensure that all of our trade marks and copyright and restricted rights notices are reproduced on these copies. You shall ensure that each copy correctly identifies the version of the Standards used.
2.5. You may permit the other members of your group to use and copy the Standards.
2.6. You may permit persons contracted to provide services to you or your group using or in relation to the Standards to use the Standards to the extent reasonably necessary to the provision of such services.
2.7. If you permit another person to use the Standards under clause 2.5 or 2.6 the restrictions on use and copying of the Standards set out in these terms and conditions shall apply to that person. You shall ensure that that person complies with those restrictions.

3. MODIFICATIONS
3.1. You shall indemnify us against any claim that your enhancements or extensions to the Standards infringe the rights of another person.
3.2. The rights in such enhancements or extensions shall vest in you.
3.3. You are invited to notify us of enhancements or extensions made by you (or others) to the Standards. We may consider including such enhancements or extensions in future versions of the Standards.
3.4. Any of the Standards included in a combined work produced by you pursuant to clause 2.1 shall continue to be subject to the terms and conditions. Where the other programs are the property of another person you are responsible for obtaining all necessary consents to their use with the Standards. You shall indemnify us against any claim that the use of the Standards in combination with such other programs infringes the rights of another person.

4. SECURITY
You should be aware that the Internet, being an "open network", is not completely secure. If you choose to send any electronic communications to us by means of the Website or if you submit any content or information for publication on the Website (whether by means of e-mail or through forms made available on the Website), you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. We will use all reasonable endeavours to ensure that the Website is reasonably secure. However, we cannot guarantee that any information displayed on the Website has not been changed or modified through malicious attacks. It is your responsibility to ensure that your password and login details remain secure and confidential. You must inform us as soon as reasonably practicable if you know or suspect that either your password or login or both are known by or available to any third party (including, without limitation, any of your staff or agents which accessed the Website on your behalf and who are no longer a member of your staff or one of your agents) by e-mailing Richard.inman@paconsulting.com. If you inform us of any suspected or actual loss or disclosure of your password and/or login details, we will withdraw access rights from your existing password and login details and you will have to register to use the Website again. YOU SHALL BE LIABLE FOR ANY USE OF YOUR LOGIN AND PASSWORD TO OBTAIN ACCESS TO THE WEBSITE, UNLESS WE HAVE ACTUAL KNOWLEDGE OF SUCH UNAUTHORISED USE OR ACCESS AND FAIL TO TAKE REASONABLE STEPS TO PREVENT THE SAME.

5. NO WARRANTIES
The Website and the Standards are provided "as is" and we give no warranties in respect thereof. Specifically, but without limitation, we do not warrant that:
5.1. You will be able to use the Website or the Standards or that they will continue to be made available in its current or any other form;
5.2. We own the rights in the Website, any Website content or the Standards, or that we have the right to grant you licences in respect of any or all of them;
5.3. The Website or any software or material of whatsoever nature available on or downloaded from it (including the Standards) will be free from viruses or defects, compatible with your equipment or fit for any purpose. It is your responsibility to use suitable anti-virus software on any software or other material that you may download from the Website and to ensure the compatibility of such software or material with your equipment; or
5.4. Any content or information published on the Website is accurate or complete.
5.5. Any warranties which would otherwise be implied by law (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded.

6. LIMITATION OF LIABILITY
It is a condition of our allowing you free access to the Website that we will not (subject only to the exclusion provisions below) be liable to you, whether for negligence, breach of contract or otherwise, for any loss or damage of whatsoever nature suffered by you (including, without limitation, direct loss or damage, indirect or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of anticipated savings, loss of data or loss of profit), howsoever arising, and in particular arising from:
6.1. Any computer virus or other malicious routine transmitted through the Website or the Standards;
6.2. Your use or inability to use the Website or the Standards any time and any error in the provision of the Website or the Standards;
6.3. Your use of and/or reliance on other web sites to which you have gained access by means of hyperlinks published on the Website;
6.4. Any unauthorised use of your password or login details to obtain access to the Website, unless we have actual knowledge of such unauthorised use or access and fail to take reasonable steps to prevent the same;
6.5. Any inaccurate information published on the Website; or
6.6. Your reliance on any information published on the Website. You should note specifically that information published on the Website may not be appropriate for your specific purposes or circumstances, and you should always, before acting thereon, obtain independent, professional advice.
6.7. Although we use reasonable endeavours to monitor information submitted to the Website at regular intervals, it is not practicable for us to do so on a continuous basis. You hereby acknowledge that we may not have actual knowledge of all information submitted to or made available through the Website at any given point in time.
6.8. Nothing in these or any other terms and conditions governing your use of the Website shall operate to exclude or restrict our liability for (i) fraud; (ii) death or personal injury resulting from our, or our employees', negligence.

7. TERMINATION
We may terminate this Agreement with immediate effect at any time in which event we may also revoke your right to access and use the Website and the Standards. We will not be liable for any loss, damage, claims or liability arising as a result from such termination and your inability to use the Website and/or the Standards as a result thereof.

8. DATA PROTECTION ("PRIVACY")
When you visit the Website, we may collect information about you which may be helpful for improving the operation of the Website. Such information may be collected through "traffic data" and may entail the use of "cookies", "IP addresses" or other numeric codes used to identify your computer. We may also collect information from you through the Website when you order or request products and/or services from the Website or when you contact us for further information or assistance. The information which we collect through the Website will be processed for the purpose of responding to you. It may also be retained by us for general research purposes. We may, from time to time, send you further information relating to our or our group companies' and selected third parties' products or services which we feel may be of interest to you. You may notify us at any time if you wish to cease receiving this further information by contacting us at richard.inman@paconsulting.com. As a means of processing information for the purposes set out above, we may, to the extent reasonably required, transfer the information which you provide to us to any other country in which we, any of our group companies or third parties do business from time to time. BY ACCEPTING THIS AGREEMENT YOU SPECIFICALLY CONFIRM THAT YOU CONSENT TO THE USES OF INFORMATION RELATING TO YOUR PERSONAL DATA SET OUT ABOVE.

9. GENERAL
If any part of the Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall to that extent be severed from the remainder of the Agreement, which shall continue to be valid and enforceable. You shall not assign or transfer or purport to assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or transfer all or any of our rights and/or obligations under this Agreement to any of our associated companies located anywhere in the world without requiring any further consent from you. The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy. The Agreement is governed in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction over any dispute arising out of your use of the Website or the Agreement and you hereby submit to the jurisdiction of the courts of England and Wales.

10. Copyright
We take no position regarding the validity or scope of any intellectual property or other rights that might be claimed to pertain to the implementation or use of the technology described in this document or the extent to which any license under such rights might or might not be available; neither does it represent that it has made any effort to identify any such rights. Information on our procedures with respect to rights in our standards can be found at the our website. Copies of claims of rights made available for publication and any assurances of licenses to be made available, or the result of an attempt made to obtain a general license or permission for the use of such proprietary rights by implementers or users of this specification, can be obtained from our Chair, Richard.inman@paconsulting.com. We invites any interested party to bring to its attention any copyrights, patents or patent applications, or other proprietary rights which may cover technology that may be required to implement this specification. Please address the information to our Chair, Richard.inman@paconsulting.com. This document and translations of it may be copied and furnished to others, and derivative works that comment on or otherwise explain it or assist in its implementation may be prepared, copied, published and distributed, in whole or in part, without restriction of any kind, provided that the above copyright notice and this paragraph are included on all such copies and derivative works. However, this document itself may not be modified in any way, such as by removing the copyright notice or references to us, except as needed for the purpose of developing our standards, in which case the procedures for copyrights defined in our Intellectual Property Rights document must be followed, or as required to translate it into languages other than English. The limited permissions granted above are perpetual and will not be revoked by us or our successors or assigns. This document and the information contained herein is provided on an "AS IS" basis and WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We have been notified of intellectual property rights claimed in regard to some or all of the contents of this specification. For more information consult the online list of claimed rights.