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THIS
IS A LEGAL AGREEMENT
between you, an entity or a person, and the Vehicle Certification
Agency ("VCA").
GENERAL
Use
of the information contained on either the DVD-ROM or within
this web-site, is conditional upon your acceptance of the
terms and conditions set out in the following paragraphs.
If you do not agree with these terms and conditions, you should
not continue to make use of this DVD-ROM or further access
the web-site.
The
entire Agreement between you and VCA with respect to the subject
matter herein is contained in this Agreement and shall be
governed by the terms and conditions set forth in this Agreement.
Any representations made prior to or during the operation
of this Agreement shall be expressly excluded. This Agreement
shall be governed by the provisions of English law.
DEFINITIONS
The
headings in these terms and conditions of this Agreement are
for convenience only and shall not be deemed to be part of
the Agreement or to be taken into consideration in the interpretation
or construction of the Agreement.
| Agreement |
- |
This
agreement |
| Service |
- |
Provision
of VCA's Information System for Type Approval - VISTA
either on CD-ROM and / or the web-enabled version, published
and maintained by the Vehicle Certification Agency ("VCA")
supported by Maxima Information Group Ltd ("Maxima") |
| Subscriber |
- |
The
individual or organisation who has paid the subscription
for the Handbook and Licence for a single User, additional
User(s), Site Licence or Corporate Licence. |
| User |
- |
An
individual or group of individuals registered within the
terms of the Licence identified in conjunction with the
Subscriber |
| Licence |
- |
Specifies
the number of individual Users, groups of Users or sub-organisations
entitled to use the Service and paid for by the Subscriber. |
| VISTA |
- |
A
group of electronic libraries containing Type Approval
legislation and using the TROVE operating software. Referred
to in this document as "VCA's Information System
for Type Approval", "VISTA" and "Product" |
| ETAH |
- |
The
previous name of VISTA no longer used |
OWNERSHIP
VCA
or its supplier Maxima own all rights of intellectual property,
copyrights and all other rights as may subsist in the VISTA
DVD or on the web-site . Full legal and equitable property
in the Product shall at all times remain vested in VCA and
Maxima.
You
agree to preserve any copyright notices and not to copy the
Product except as defined within the scope of this Agreement
or other Agreements you may have with the VCA, except for
the sole purpose of backup or archiving. You agree to restrict
the use of the Product as defined.
It
is unlawful for you to load this software or take copies of
by trade for profit or incentive without the express permission
of VCA. This permission is given on the terms set out in this
Agreement and by loading VISTA from the CD-ROM or by browsing
through the web-site, you agree to accept these terms.
No
part of VISTA may be copied, sold or loaned or in any way
disposed of by trade for profit or incentive without the express
permission of VCA in writing, or as otherwise specified in
this Agreement or within the terms of the Licence. Crown copyright
applies and is asserted.
VISTA
is provided "as is" and is provided for "information
only". While these documents are VCA electronic versions
of the ECE Regulations/EC Directives and are derived from
documents supplied from an official source (UN ECE Secretariat/OPOCE),
only the printed versions of the ECE Regulations/EC Directives
can be considered as being authentic documents. The entire
risk as a result of the usage of information supplied on VISTA
therefore, is assumed by the User. VCA do not warrant, guarantee
or make representations regarding the use of the data in terms
of accuracy, reliability, correctness, currentness, legality
or otherwise.
The
contents, layout, links or other features of the Service are
determined at the discretion of VCA; documents within VISTA
may be removed, added or reloaded without prior notice.
TERMS
The
Vehicle Certification Agency hereby grants a non-transferable
license to use VISTA delivered to the Subscriber on the following
terms.
This
Agreement is effective from the date of receipt by VCA of
the appropriate subscription fee and shall continue until
the period of subscription has expired or until the Agreement
is terminated by VCA in accordance with this Agreement. Upon
termination of this Licence, the User shall stop using VISTA
immediately and where held, destroy all copies of the software
in its possession or return all copies to VCA.
The
User agrees not to alter or modify the information supplied
with the intention of selling or reproducing it for distribution
to a third party, without the prior agreement of VCA.
Subscribers
will ensure that all usernames and passwords issued to them
are only made available to those Users defined within the
Licence Agreement. The Subscriber will notify VCA immediately
if it is suspected that a password has become known to a third
party. VCA will terminate a compromised password and issue
a replacement.
Neither
party shall be held liable in damages, nor shall have the
right to cancel the Agreement for any breach of or non-performance
under this Agreement, including failure to supply the Service
for reasons beyond a party's control. Such reasons include,
but should not be limited to failures caused by electromagnetic
radiation effects, electrical storms, lightning strike, power
generation failure; data loss due to computer virus; flood
or other acts of God; Government or legislative restrictions;
wars; strikes or other civil disputes.
TERMINATION
OF AGREEMENT
If
any of the terms of this Agreement are broken, whether this
be misuse of the system or failure to pay, VCA reserves the
right to terminate the Agreement immediately by providing
the Subscriber with written notice. VCA reserves the right
to deny access to the Subscriber and all nominated Users on
the date that written notice is issued and the Subscriber
shall not be entitled to a refund of all or part of the subscriptions
paid.
In
the event of the Subscriber having received written notification
from VCA that the terms of the Agreement have been modified,
and having not subsequently used the Service, may terminate
the Agreement and apply for a refund of a proportion of the
subscription fee equivalent to the number of complete months
unused.
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