End-User Licence Agreement

Contents

  1. Grant and Scope of Licence, Minor Changes, Updates
  2. Platform Restrictions
  3. Intellectual Property Rights
  4. Our Responsibility for Loss or Damage Suffered By You
  5. Termination
  6. Communications Between Us
  7. How We May Use Your Personal Information
  8. Other Important Terms

About this Licence

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Eras Limited of Providence Court, 105 Denmark Street, Diss, Norfolk, IP22 4WN (Licensor, us or we) for:

  • The Psychometric Portal (Platform); and
  • Reports and other documentation available for download from the Platform (Documentation).

We license use of the Platform and Documentation to you on the basis of this Licence. We do not sell the Platform or Documentation to you. We remain the owners of the Platform and Documentation at all times.

The parties agree:

  1. Grant and Scope of Licence, Minor Changes, Updates ↑

    1. In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Platform and the Documentation on the terms of this Licence.

  2. Platform Restrictions ↑

    1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
      1. not to copy the Platform or Documentation, except where such copying is incidental to normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform or Documentation nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;
      3. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things;
      4. not to provide, or otherwise make available, the Platform in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
      5. to comply with all applicable technology control or export laws and regulations.

  3. Intellectual Property Rights ↑

    1. You acknowledge that all intellectual property rights in the Platform and the Documentation throughout the world belong to us, that rights in the Platform are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Platform or the Documentation other than the right to use the Platform and the Documentation in accordance with the terms of this Licence.
    2. You acknowledge that you have no right to have access to the Platform in source code form other than as expressly provided in this Licence.

  4. Our Responsibility for Loss or Damage Suffered By You ↑

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
    3. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.

  5. Termination ↑

    1. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
    2. Upon termination for any reason:
      1. all rights granted to you under this Licence shall cease;
      2. you must cease all activities authorised by this Licence; and
      3. you must immediately delete or remove the Platform from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Platform then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

  6. Communications Between Us ↑

    1. If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email at support@eras.co.uk. We will confirm receipt of this by contacting you via email.
    2. If we have to contact you or give you notice in writing, we will do so by the email you provide or confirm to us.

  7. How We May Use Your Personal Information ↑

    Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in www.eras.co.uk/docs/dpa and it is important that you read that information.

  8. Other Important Terms ↑

    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
    3. Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
    4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.