Specialty Choice Inventory - Sci59 Online

PLEASE READ THIS CAREFULLY BEFORE USING MATERIALS

A  PROPERTY OF LICENSOR:
You may obtain access to this software product (the “Licensed Program”) by accessing it remotely from our server. The copyright, database rights and any other intellectual property rights in the programs and data which constitute this software product (the “Materials”), are and remain the property of the Licensor (the “Licensor”). You are licensed to use them only if you accept all the terms and conditions set out below.

B  LICENCE ACCEPTANCE PROCEDURE:
By clicking on the acceptance button which follows this Licence (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.

C  LICENCE REJECTION PROCEDURE:
You should therefore read this Licence carefully before clicking on the acceptance button. If you do not accept these terms and conditions, you should click on the ‘reject’ button. LICENCE AND LIMITED WARRANTY

  1. OWNERSHIP OF MATERIALS AND COPIES

    2. The Materials and related documentation are copyrighted works of authorship, and are also protected under applicable database laws. The Licensor retains 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.

  2. LICENCE

    3. Provided that you have the necessary username and password, the Licensor grants to you a limited, non-exclusive, non-transferable licence to access the Materials on any computer system owned, leased and/or controlled by you strictly for the purpose of processing data to provide careers advice to you.

  3. LICENCE RESTRICTIONS

    4. 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, except as expressly permitted by the law of this Licence. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Materials.

  4. NO TRANSFER

    5. The Materials are licensed for your use only. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Materials, on a temporary or permanent basis or disclose your username and password without the prior written consent of the Licensor.

  5. UNDERTAKINGS

    6. You undertake to:

    1. Reproduce and include our copyright notice (or such other party’s copyright notice as specified on the Materials) on all and any copies of the Materials, including any partial copies of the Materials;
    2. Hold all drawings, specifications, data (including object and source codes), software 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 the Licensor’s consent.
  6. LIMITED WARRANTY
    1. The Licensor warrants that the Licensed Program will perform substantially in accordance with its accompanying documentation (or any specification published by the Licensor from time to time describing its facilities) PROVIDED that the Licensed Program is properly used on the computer and with the operating system for which it was designed (the configuration of which is set out below). If the Licensor is notified in writing of any significant defect or fault, it will attempt to correct such error within a reasonable time, 90 days.
    2. The warranties in Clause 6.1 are subject to you complying with your obligations under this Licence and to there having been no alternations to the Licensed Program by any person other than the Licensor.
    3. The Licensor does not warrant that the use of the Licensed Program will be uninterrupted or error-free.
  7. NO OTHER WARRANTIES

    8. The foregoing warranty in clause 6 is made in lieu of any other warranties, representations or guarantees of any kind, either expressed or implied, including, but not limited to, any implied warranties of quality, satisfactory quality, fitness for a particular purpose or ability to achieve a particular result. You assume the entire risk as to the quality and performance of the Materials. The Licensor does not warrant that the Licenced Program will meet your requirements.

  8. EXCLUSION OF LIABILITY
    1. Except in respect of personal injury or death caused by the negligence of the Licensor, in no event will the Licensor 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 the Licensor has been advised of the possibility of such damages. Nothing in this Licence limits liability for fraudulent misrepresentation.
    2. For the avoidance of doubt the parties acknowledge that the Licensee accepts responsibility for the selection of the Licensed Program to achieve its intended results.
  9. YOUR STATUTORY RIGHTS

    10. This Licence gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this Licence and the remainder of the limitation or exclusions shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.

  10. SOFTWARE MAINTENANCE

    11. Subject to clause 11, the Licensor will not provide any maintenance or support in respect of the Licensed Program.

  11. HOSTING

    12. The Licensor will host a website and make available such website to access the Licenced Program, except for maintenance and other reasonable purposes of the Licensor, until this Licence is terminated by either party.

  12. TERM

    13. The licence is effective until terminated. The Licence shall terminate when you exit the Licensed Program or upon the expiration of any time limits that may exist. The Licence will also terminate upon conditions set out elsewhere in this Licence or if you fail to comply with any term or condition of this Licence. Each password and username shall permit you to run the Licenced Program on four occasions. Thereafter you may use the password and username to view the results only.

  13. GENERAL

    1. This Licence will be governed by the law of England and the parties submit to the non-exclusive jurisdiction of English courts.
    2. This Licence constitutes the complete and exclusive statement of the Licence between the Licensor and you with respect to the subject matter of this Licence and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
    3. 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. 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.
    5. 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 the Licensor’s prior written consent. Should you have any questions concerning this Licence you may contact oucem@open.ac.uk
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