IMPORTANT NOTICE
The output from the EMFWELD® software has been validated for the geometries and types of equipment described in the software documentation and has been demonstrated to provide results in agreement with alternative measurements for those geometries and processes. In the case of end user assessment scenarios, you should be aware that when significant differences are present between the development and testing scenarios that the accuracy of calculated exposures is likely to be reduced.
Information is provided in good faith and in conformance to the requirements of the EMF Directive 2013/35/EU. However, the Licensee should be aware that National Implementations may use alternative words and phrase.
It is an offence to reproduce or distribute this software or parts thereof without authorisation from the owner. Such actions can lead to criminal or civil proceedings that may result in severe penalties or damage claims.
1. AGREEMENT
This is a legal agreement between you (THE LICENSEE) and TWI Ltd, Bevan Braithwaite Building, Granta Park, Great Abington, Cambridge CB21 6AL, United Kingdom (TWI) for the use of the computer program ‘EMFWELD®’ under the terms of this Licence.
2. DEFINITIONS
In this Licence, where the context so permits, the singular includes the plural and vice-versa and each of the following expressions has the meaning set-out below
EMFWELD means the computer program called EMFWELD® for assisting in the assessment of worker exposure to electromagnetic fields (EMF) from welding and other processes to meet the requirements of the European Directive 2013/35/EU, accessed via the WEBSITE.
PACK means a number of virtual tokens allowing the generation of a discrete number of REPORTS, referred to on the WEBSITE as ‘licenses’.
REPORTS means the output generated by EMFWELD for a given exposure scenario, incorporating the geometry of the welding/inspection equipment and the process parameters input by the end-user, valid for a single process/geometry/parameter combination.
SOFTWARE ACCESS FEE means the fee that on payment gives THE LICENSEE the right to have access to EMFWELD as laid out in this Licence.
TRADEMARK means all rights registered and unregistered in the mark ‘EMFWELD’, including the EU registration 013291513.
WEBSITE means the World Wide Web site and incorporated content and documentation at site address: www.emfweld.com, which is used to access EMFWELD.
3. RIGHTS HOLDER & INTELLECTUAL PROPERTY
Access to EMFWELD and the TRADEMARK is provided via an exclusive licence granted to TWI by the European Federation for Welding Joining and Cutting (EWF) and the Council of European Employers of the Metal Engineering and Technology-based Industries (CEEMET). Title to EMFWELD and the TRADEMARK remain with CEEMET and EWF. EMFWELD is protected by intellectual property rights including copyright.
4. GRANT OF LICENCE
TWI hereby grants THE LICENSEE a non-exclusive, non-transferable, non-sub-licensable right to access EMFWELD to generate REPORTS and use said for the process of assessing worker exposure to EMF (as required by 2013/35/EU), as per the scope of EMFWELD. For clarification, THE LICENSEE is not permitted to use EMFWELD or REPORTS for any other purposes.
5. PAYMENTS
In consideration for the rights granted herein THE LICENSEE shall pay TWI for a PACK. Payment for a PACK is non-refundable, either in part or whole.
6. ACCESS TO EMFWELD
6.1 When THE LICENSEE first wishes to use EMFWELD, THE LICENSEE should follow the registration procedure as outlined on the WEBSITE and shall purchase a PACK via the WEBSITE.
6.2 Each PACK allows a number of REPORTS to be generated, as specified on the WEBSITE. Once the number of REPORTS allowed by a PACK has been generated, THE LICENSEE will be required to purchase a further PACK to allow generation of further REPORTS, and so on. For clarification, THE LICENSEE will not be able to generate REPORTS until payment for a PACK is received by TWI.
7. USE OF EMFWELD
7.1 By accessing EMFWELD and generating REPORTS, THE LICENSEE acknowledges that they have read, understood and agree to be bound by the terms of this Licence.
7.2 THE LICENSEE agrees to comply with all applicable national and international laws and regulations in relation to the use of EMFWELD. Access to EMFWELD in territories where an export licence or other is required and has not been obtained by THE LICENSEE, or is illegal, is prohibited.
THE LICENSEE will not:
i) use EMFWELD or the WEBSITE for malicious purposes or other than for what they are designated;
ii) remove copyright or trademark notices from EMFWELD or the WEBSITE, nor mask, obscure or interfere with any parts of EMFWELD or the WEBSITE.
iii) enable access to EMFWELD by a party other than THE LICENSEE;
iv) create derivative works based upon EMFWELD or any part of it;
v) reverse compile or disassemble EMFWELD except as provided for in the European Community’s Directive on the Legal Protection of Computer Programs, Directive 91/250. or modify, merge or combine it with any other software;
vi) copy EMFWELD in whole or in part;
vii) assign this Licence without the written agreement of TWI.
8. TERM
This Licence is effective on the date that THE LICENSEE purchases a PACK until THE LICENSEE effects removal of their registration on the WEBSITE, unless terminated earlier according to the provisions herein.
9. TERMINATION
9.1 TWI may terminate this Licence by giving 90 days’ notice.
9.2 TWI may terminate this Licence without notice if THE LICENSEE at any time breaches the terms and conditions herein.
9.3 THE LICENSEE may terminate this Licence by removal of their registration via the WEBSITE.
9.4 Upon termination or cancellation of this Licence, THE LICENSEE will NOT be allowed further use of EMFWELD and no refunds of any payments made by THE LICENSEE will be made.
10. NO WARRANTY
10.1 No warranties, express or implied, or statutory, concerning the non-infringement of third party rights are made.
10.2 The performance of EMFWELD is not warranted nor are the result of decisions made or actions taken based upon information contained in or generated by the use of EMFWELD.
10.3 No warranties, express or implied, or statutory, as to any other matters, including but not limited to the merchantability and fitness for purpose of EMFWELD.
10.4 No refunds will be provided in the case that an assessment is made using incorrect information or in any other case except if the software fails to generate an assessment report during the report generation process through no fault of THE LICENSEE.
10.5 No guarantee is made that use of the EMFWELD software will be accepted as compliance with EU Directive 2013/35/EU by any or all national or international regulatory bodies.
11. LIMITATION OF LIABILITY
11.1 EMFWELD is supplied only on the basis that THE LICENSEE will undertake verification of any results generated to ensure as far as is reasonably practical that the proper use of such results will be safe and without risk to health.
11.2 Under no circumstances and under no legal theory, tort, contract, or otherwise, shall TWI, EWF or CEEMET be liable to THE LICENSEE or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitations, damages for loss of goodwill, work stoppage, computer failure or malfunction or any and all other commercial damages or losses. No liability is accepted for any damage to health or equipment arising from use or misuse of the information provided by the EMFWELD.
11.3 In no circumstances will TWI, EWF or CEEMET be liable for any damages in excess of the amount TWI received from THE LICENSEE for a Licence for EMFWELD, even if TWI shall have been informed of the possibility of such damages, or any claim by any other party.
11.4 This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
12. PRIVACY
Any personal or commercial information entered into the EMFWELD software will be used solely for the purposes of performing an assessment, processing payments, allowing access to the software or providing updates to the user. No information will be passed to third parties, except for the processing of bank payments. User inputted data will be held in an encrypted format and can be removed at the request of the user through the contact page. No banking information will be stored by the EMFWELD software. Further details of the privacy policy can be found on the WEBSITE.
13. ASSIGNMENT
THE LICENSEE shall not assign, transfer, mortgage charge (otherwise than by way of a floating charge over the whole of its assets and undertakings generally) this Licence without the prior written permission of TWI that will not be unreasonably withheld.
14. SAVING OF RIGHTS AND GENERAL TERMS
14.1 The termination of this Licence, howsoever occasioned, shall be without prejudice to any obligations or rights on the part of either party that shall have accrued prior to the date of such termination and shall not affect or prejudice any provision of this Licence that is expressly or by implication provided to come into effect on, or continue in effect after, such termination.
14.2 The failure of either party at any time to enforce any of the terms, provisions or conditions of this Licence or to exercise any right hereunder shall not constitute a waiver of the same or affect that party’s right thereafter to enforce the same.
14.3 Notwithstanding that any provision of this Licence may prove to be illegal or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
14.4 Nothing herein contained shall be construed as establishing a partnership or as creating any joint obligation between the parties except as may be specifically set out herein.
14.5 This Licence constitutes the entire agreement between the parties and supersedes any prior written or oral agreements between the parties concerning the subject matter. No modification of this Licence shall be binding unless executed in writing by both parties.
15. GOVERNING LAW
This Licence shall be governed by and construed exclusively in accordance with the Laws of England.
EMFWELD® END USER LICENCE AGREEMENT
