READ THESE TERMS AND CONDITIONS CAREFULLY.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CLEAR SKIES LTD. BY USING, OR
SUBSCRIBING TO, THIS SERVICE YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
THIS LICENSE SHOULD BE READ IN CONJUNCTION WITH OUR PRIVACY POLICY WHICH
APPLIES AT ALL TIMES AND CAN BE FOUND AT THE FOLLOWING ADDRESS: https://clear-
skies.co.uk/privacy-policy
DEFINITIONS
Services: web application used by you and all related documentation
We, us, the Licensor: Clear Skies Ltd
You, the Licensee, the customer, the user: You
The License: this agreement
COMMUNICATION BETWEEN YOU AND US
- We may update The Licence and shall serve notice to you within 48 hours of doing
so. - If you continue to use the Services following such notice, this will constitute your
acceptance of the updated Licence. - We shall contact you by email at the address provided to us at registration.
YOUR RESPONSIBILITIES
You shall - comply with any laws and regulations that may apply to your use of the Services;
- comply with all terms of The Licence;
- supervise use of the Services by your organisation and ensure that
o the Services are only used by authorised employees of your organisation
o the Services are only used in accordance with The Licence.
You shall have sole responsibility for the legality and quality of all of your (the Licensee’s)
data. You license us to use your data for:
- performing the Services;
- meeting our obligations under The Licence;
- meeting any other obligations that we might have under the terms of our privacy
policy; - meeting any other legal obligations that we might have.
RESTRICTIONS
You shall not:
- Attempt to copy, duplicate, download, distribute or create derivative works from the
Services. - Sublicense the Services or offer the Services as part of another service to third
parties. - Attempt to reverse-engineer, or otherwise determine the operating methods of the
Services in whole or in part. - Commercially exploit the services except in assisting the normal running of your
business. - Use the Services for any unlawful or unethical activity including, but not limited to,
any process which facilitates research misconduct or manipulation or abuse of the
research-publishing and peer-review systems.
We reserve the right to terminate the agreement in the event of any breach of the above
restrictions.
INTELLECTUAL PROPERTY
- You agree that:
- all intellectual property rights in the Services belong to us;
- the Services are licensed to you, are not sold to you, and are not owned by you;
- you have no rights to use the Services besides those granted in The Licence.
LIMITATION OF LIABILITY - You accept sole responsibility for your use of the Services
- You acknowledge that the Services have not been designed to meet your specific
needs or individual requirements. - You assume sole responsibility for, and the Licensor shall not be liable to you
(whether such liability arises in contract, tort (including negligence),
misrepresentation, breach of any duty (including strict liability) or otherwise) for, any
results obtained from the use of the Services, by you, and for conclusions drawn
from such use.
The Services are provided to you on an “as is” basis.
With regard to your use of the Services under the terms of The Licence, we shall not be
liable to you in any circumstances whatever, whether in contract, tort (including
negligence), misrepresentation, breach of any duty (including strict liability), or otherwise,
for:
(a) loss of profits, sales, business, or revenue;
(b) loss of business value;
(c) loss of agreements or contracts;
(d) loss of business opportunity;
(e) business interruption;
(f) loss of or damage to goodwill or reputation,
(g) loss of anticipated savings;
(h) wasted expenditure;
(i) loss of use or corruption of software, data or information; and
(j) any special, indirect or consequential loss, damage, charges or expenses.
Other than the losses (a-j) set out above (for which we are not liable) our maximum
aggregate liability under or in connection with The Licence whether in contract, tort
(including negligence), breach of any duty (including strict liability) or otherwise, and even if
foreseeable by the parties, shall in all circumstances be limited to £100GBP (one hundred
pounds).
Nothing in The Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by English law.
EVENTS OUTSIDE OF OUR CONTROL
An “Event Outside Our Control” means any act or event beyond our reasonable control, the
consequences of which would have been unavoidable despite all efforts to the contrary and
include without limitation:
- strikes, lock-outs or other industrial action by third parties,
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack,
- war (whether declared or not) or threat or preparation for war,
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster, or - failure of public or private telecommunications networks (including without
limitation power failures, mobile network failures and Internet disturbances). - This would also include suspension of our Services resulting from maintenance and
upgrades to our systems or the systems of any party used to provide our Services,
outages on any phone network or in the case of mobile networks where you are not
in an area of mobile coverage.
Events outside of our control may affect the speed, accuracy, error rate and other aspects of
the running of the Services. Events outside our control may affect our ability to meet our
obligations as described by The Licence. We accept no liability or responsibility for events
outside of our control.
TERMINATION - We may terminate The Licence immediately by written notice to you if you commit a
breach of The Licence which you fail to remedy (if remediable) within 14 days after
the service of written notice requiring you to do so. - On termination:
o All rights granted by The Licence cease
o You shall cease all activities authorised by The Licence
o You shall immediately permanently delete any copy of the Intellectual
Property described in The Licence, or any derivative work that may be based
on the Services.
OTHER
- You may transfer your rights and obligations under The Licence to another person
only if we provide written agreement. - We may transfer our rights and obligations under The Licence to another
organisation. Our doing so will not affect your rights and obligations under The
Licence - No purported variation of The Licence shall be valid unless it is in writing and signed
by or on behalf of each party. - Nothing in The Licence is intended to, or shall be deemed to, establish any
partnership or joint venture between the parties, constitute a party the agent of the
other party, or authorise a party to make or enter into any commitments for or on
behalf of the other party. - If any court or competent authority decides that any condition of The Licence is
unlawful or unenforceable, the remaining conditions will remain in full force and
effect. - No term of The Licence is enforceable pursuant to the Contracts (Rights of Third
Parties) Act 1999 by any person who is not a party to it. - You acknowledge that in entering into this Agreement you do not rely on and shall
have no remedies in respect of any representation or warranty not set out in this
Agreement. - You agree that you shall have no claim for innocent or negligent misrepresentation
or negligent misstatement based on any statement in this agreement. - A waiver of any right or remedy is only effective if given in writing and shall not be
deemed a waiver of any subsequent right or remedy. - The Licence, its subject matter and its formation (and any non-contractual disputes
or claims) are governed by English law. The parties irrevocably agree to the exclusive
jurisdiction of the courts of England and Wales.