Rmm6e Licence
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Rmm6e Licence Document Transcript

  • 1. LICENCE AGREEMENT FOR UK ONLY Read through this Agreement and sign it on behalf of the Licensed Organisation, and send it to the address given at the end of the Licence, and keep a copy for your records. THIS LICENCE IS VALID UNTIL 30 JUNE 2008, WHEN ALL USE OF THE SIXTH EDITION MUST CEASE, AND A NEW EDITION IS DUE. The Royal Marsden Hospital Manual of Clinical Nursing Procedures, sixth edition, Intranet Version 1. This is a legal agreement between you, the Licensed Organisation, and Blackwell Publishing Ltd (Company Registration number 0180277 England) whose registered office is situated at 9600 Garsington Road, Oxford OX4 2DQ, UK. 2. The Royal Marsden Hospital Manual of Clinical Nursing Procedures in all its variants and versions including documentation therefor (“the Publication”) is the copyright property of The Royal Marsden Hospital / Blackwell Publishing Ltd and is protected by English Copyright Law, rights in the nature of copyright international treaty provisions and all other applicable national laws. 3. 3.1 By purchasing or using the Publication you (“the Licensed Organisation”) enter into an agreement (“this Agreement”) with Blackwell Publishing Ltd (“the Licensor”) governing the use of the Publication. 3.2 You, the Licensed Organisation, are an NHS hospital or hospice, or a private hospital or hospice, or a Primary Care Trust, based in the UK. This Publication is not to be used or made available to academic staff or students within an academic institution, through any network connecting the hospital, hospice or Primary Care Trust to the networks accessibly within an academic institution. 3.3 Read through this Agreement and sign it on behalf of the Licensed Organisation, and send it to the address given at the end of the Licence, and keep a copy for your records. By making available the Publication on your computer network, you are accepting the terms of this Agreement. If you, the Licensed Organisation, do not agree to the terms and conditions of this Agreement, do not open the envelope containing the Publication CD-ROM, do not use the Publication and return all materials relating to it to the Licensor or to the place where they were obtained and you will receive a refund of the purchase price. 3.4 The price charged for the licence is calculated according to the number of beds in a Hospital, Trust or Hospice which is run by the Licensed Organisation or according to the number of employees in a Primary Care Trust which is run by the Licensed Organisation. The Licensed Organisation hereby declares that the number of beds/number of employees provided by the Licensed Organisation is (please tick one box): Band 1: 1–500 beds/number of employees Band 2: 501–1,000 beds/number of employees Band 3: 1,001–1,500 beds/number of employees Band 4: 1,501–3,200 beds/number of employees 3.5 If during the period of this Agreement the Licensed Organisation merges or is amalgamated with another organisation, or increases the number of beds/number of employees such as to place it in a higher band than set out in Clause 3.4, then you must notify the Licensor in writing and the Licensor reserves the right to charge the difference between the initial and the higher band. Prices are available from the Licensor. The Licensed Organisation warrants the accuracy of the information it has provided to the Licensor and its agents in setting the appropriate band. 4. The Duties of the Licensed Organisation This Agreement provides that the Licensed Organisation: 4.1 may allow access to the Publication over a computer network within the Licensed Organisation to its authorised users (see 4.2). 4.2 shall take reasonable steps to ensure that users accessing the Publication are bona fide employees or individuals contracted to the Licensed Organisation who access the Publication only in accordance with the provisions of Clause 4.1 above (thereafter “Authorised Users”). 4.3 shall use its best efforts to ensure that Authorised Users abide by the terms and conditions of this Agreement and in particular but without limitation do not print out, reproduce, redistribute, retransmit, publish or republish or otherwise exploit the Publication save only as permitted under the terms of this Agreement. The use of the material in whole or in part in Coursepacks or other collections of data is only permitted with the prior written consent of the Licensor. Coursepack means a collection of literary or artistic material planned and systematically copied to support a module or course of study. 4.4 shall not rent, lease, or license the Publication or permit the Publication to be rented, leased or licensed, but may transfer the rights of this Agreement on a permanent basis provided that all materials associated with the licence including disks and printed materials and archival copies are transferred and provided that the recipient agrees to the terms of this Agreement and the Licensor agrees in writing to such a transfer. 4.5 shall immediately on becoming aware of any unauthorised use by any Authorised User or other breach of this Agreement take all reasonable steps both to ensure that the Authorised User or any other user ceases such activity and to prevent any reoccurrence of it, and to notify the Licensor of such transgression. 4.6 shall not alter, modify, translate, reverse engineer, decompile or disassemble the Publication (except where expressly permitted by law) and shall ensure any Authorised User so complies. 4.7 shall not do, or authorise any Authorised User or other third party to do, any action which would or might invalidate or be inconsistent with the copyright, rights in the nature of copyright or moral rights of the Licensor, Editors or other contributors to the Publication. 4.8 shall not make the Publication available over the Internet or other means to persons who are not Authorised Users. 5. 5.1 The Licensed Organisation acknowledges that the Publication has been priced on the basis that it is licensed “as is” without warranty and that no software is bug free. 5.2 The CD-ROM on which the Publication is supplied is warranted by the Licensor to be free from defects in materials and workmanship that would prevent the Licensed Organisation from using the Publication for a period of ninety (90) days from the date of delivery (the “warranty period”). Defective CD-ROMs may be returned during this period to the Licensor and they will be replaced free of charge. 5.3 The Licensor warrants that the Publication will perform substantially in accordance with its accompanying documentation (provided that the Publication is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Publication in all material aspects. The Licensor will provide technical support by email to the Licensed Organisation on issues relating to the functioning of the software but cannot support network installation save for advice on implementing instructions provided. Contact marsdensupport@oxon.blackwellpublishing.com
  • 2. 5.4 Save as otherwise provided in clauses 5.1, 5.2 and 5.3 the parties agree that all other warranties or conditions (express or implied by statute, law or otherwise), including but not limited to any warranties of satisfactory quality and fitness for a particular purpose are excluded to the fullest extent permitted by law. Furthermore, the Licensed Organisation is responsible for determining whether or not the Publication will satisfy the Licensed Organisation’s requirements and no warranty is given by the Licensor in this regard. 5.5 Except as detailed in clause 5.8 below, the Licensor’s liability for any claims arising out of or in connection with this Agreement or the use of the Publication (whether in contract, tort or otherwise) shall not exceed the price paid for the Publication. The Licensor shall have no liability under or in connection with this Agreement or the use of the Publication (whether in contract, tort or otherwise) for damages in respect of loss of profits, loss of contract, business or economic loss or for special, indirect or consequential loss or damage or for wasted or lost management time or time of other employees, even if the Licensor has been advised of the possibility of such loss or damage (in this Agreement called “Consequential Loss”). 5.6 Without any prejudice to clause 5.5 above and subject to Clause 5.8 below, the Licensor shall not in any event be liable for any Consequential Loss: 5.6.1 whether or not such loss was reasonably foreseeable in the ordinary course of events as liable to result from such breach or negligence; or 5.6.2 whether or not such loss was reasonably foreseeable under any special circumstances made known to the Licensor as liable to result from such breach or negligence. 5.7 The Publication may not be identical with or fully replicate the paper version, and no warranty is given that it does. The Licensor does not give any warranty express or implied or make any representation that the Publication will be complete or accurate or up-to-date and the Licensed Organisation acknowledges the need independently to verify the accuracy of all instructions, formulae, drug dosages with primary sources for such information. 5.8 Nothing in the Agreement shall limit the Licensor’s liability for death or personal injury caused by its negligence. 6. 6.1 The Licensor may by notice in writing to the Licensed Organisation forthwith terminate this Agreement if: 6.1.1 the Licensed Organisation commits a breach of this Agreement which in the case of a breach capable of remedy has not been remedied within 30 days of the receipt by the Licensed Organisation of a notice identifying the breach and requiring its remedy; 6.1.2 the Licensed Organisation permanently discontinues use of the Publication; or 6.1.3 the Licensed Organisation takes, without the consent of the Licensor, any action, or any legal proceedings are started or other steps taken by a third party with a view to: (a) the winding-up or dissolution of the Licensed Organisation; or (b) the appointment of a liquidator, trustee, receiver, administrative receiver, receiver and manager, interim receiver, custodian, sequestrator or similar officer of the Licensed Organisation against the Licensed Organisation or a substantial part of the assets of the Licensed Organisation. 6.2 This Agreement will terminate on 30 June 2008. A new edition is planned for publication Summer 2008, please contact the Licensor nearer the time for more details. 6.3 Within thirty (30) days following the termination of this Agreement, the Licensed Organisation shall cease to use the Publication and shall at the Licensor’s discretion either destroy or return to the Licensor the Publication and documentation relating to the Publication. If so required by the Licensor, the Licensed Organisation acting by its duly appointed officer shall certify destruction of the Publication and documentation. 6.4 Termination of this Agreement shall be in addition to and not a waiver of any remedy available to the Licensor arising from the Licensed Organisation’s breach of this Agreement. 7. Upon reasonable written notice the Licensor or the Licensor’s appointed representative shall have the right to visit the site where the publication is installed and be given access to the Licensed Organisation’s computers and archived content. The Licensed Organisation shall provide a suitably qualified person to assist the Licensor’s representative. Unless the Licensor suspects there has been a breach of the terms of the Agreement, the Licensor would not generally exercise its right. 8. If the Licensor notifies the Licensed Organisation of any corrections, deletions or changes in the Publication, the Licensed Organisation shall make such changes as the Licensor requires in the copy (copies) of the Publication on its network through the Local Policy Guidelines. 9. This Agreement is governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales. SIGNED PRINT NAME JOB TITLE FOR AND BEHALF OF (LICENSED ORGANISATION) FULL POSTAL ADDRESS BAND 1 BAND 2 BAND 3 BAND 4 (TICK) DATE Return this signed Licence Agreement to: G. Campbell, Professional Division, Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK