Terms and Conditions for Subscribing to NBS Office Library Index (OLi)

 

1               THE PRODUCT

1.1         NBS Office Library Index (the "Product") forms part of a subscription service to the NBS Office Library Service Full Maintained Service, provided by RIBA Enterprises (RIBAE). These terms and conditions may be revised from time to time without prior notice. A copy of the current terms may be obtained from the Product's website.

1.2         Provided that all subscription monies are paid on the due date you are granted a non-exclusive Licence to use the Product on the terms stated below.

1.3         Use of the Product will start on receipt of payment by RIBAE of the first invoice for the NBS Office Library Service Full Maintained Service contract and will continue without interruption until cancelled in writing at the time of annual renewal by either party. In the event of you breaching these terms and conditions your licence will be terminated immediately. RIBAE shall not be liable to you or any third party for the termination of access to the Product.

 

2               COPYRIGHT

2.1         Copyright and all other intellectual property rights in the software, documentation text and data (the Product) shall remain at all times the property of RIBAE and you shall acquire no rights in any such material except as expressly provided in this Agreement.

2.2         Information downloaded or printed from the Product is for the subscribers use only. You may not commercially exploit the Product either in full or in part. You may not copy or otherwise incorporate any part of the Product into any other website or service, hard copy or electronic publication or electronic retrieval system.

2.3         Usernames/passwords issued to allow access to the Product must not be divulged by yourself or any of your employees to any other person or group of people.

2.4         You may not use, copy, decompile, disassemble, adapt, merge, translate, reverse engineer or in any other way modify the Product or make available the Product in any form either in whole or part to any third party except as expressly agreed in writing. Any information imparted to you relating to the Product or the support thereof shall be kept confidential by you and used solely in connection with the normal operation of the software system at your premises.

2.5         You shall not use, sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the Product or any interest in it except as expressly provided herein.

3               WARRANTIES AND REMEDIES

3.1         RIBAE shall be under no liability to you in respect of any circumstances beyond their reasonable control, including (but not limited to) acts of God, fire, flood, explosion, accident, inability to supply the information, software materials or support, breakdown of equipment and labour disputes whether involving RIBAE, yourself and/or any third party.

3.2         RIBAE warrants that the software will perform substantially in accordance with this accompanying documentation provided that it is properly used and with the operating system for which it is designed and that the documentation correctly describes the operation of the software in all material respects.

3.3         The warranty set out in Clause 3.2 is your sole warranty and is in place of all warranties, conditions or other terms expressed or implied by statute or otherwise all of which are hereby excluded to the fullest extent permitted by law.

3.4         In particular RIBAE do not warrant that the software will meet your requirements or that the operation of the software and documentation will be uninterrupted or error free or that all errors in the software can be corrected. You use the software at your own risk and in no event will RIBAE be liable to you for any loss or damage of any kind (except personal injury or death resulting from RIBAE negligence) including lost profits, lost revenue, down time or other consequential loss arising from the use of or inability to use the software or from errors or deficiencies in it whether caused by negligence or otherwise except as expressly provided in this Licence.

3.5         All subscribers, users and others must verify the information within the Product and ensure that its application is effective to communicate what is required by them and that the Product is fit for their intended use which has not been specified to RIBAE.

3.6         RIBAE's entire liability in respect of any single event of default shall be limited to damages of an amount equal to 1,000,000 in respect of damage to the tangible property of the user resulting from the negligence of RIBAE or its employees, agents or sub-contractors and, in the case of any other event of default, then it shall be limited to the aggregate of the subscription paid in the immediately preceding period of 12 months.

3.7         Subject to the above clause RIBAE shall not be liable in respect of any event of default for loss of profits, goodwill or any type of special indirect or consequential loss including loss or damage suffered by the user as a result of any action brought by a third party even if such loss was reasonably foreseeable or that RIBAE had been advised of the possibility of the user incurring the same.

4               GENERAL

4.1         Nothing in the Agreement will affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.

4.2         RIBAE will at its absolute discretion provide a reasonable amount of assistance on request, subject to the Product being used solely in accordance with these provisions or the scope as detailed in the guidance provided. RIBAE reserves the right to withhold or additionally charge for any assistance given that it does not consider to be reasonably required within these terms or in response to operating difficulties caused either by operator error or shortcomings or defects in any hardware or software not included in your subscription.

4.3         Subscription to the NBS Office Library Index will continue without interruption until cancelled in writing, at the time of renewal by either party, unless you are in breach of these terms and conditions in which case your Licence shall be terminated automatically and upon termination of this Licence you shall destroy the software, its accompanying documentation and shall erase all copies of the software under your control and stored on any medium.

4.4         If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.

4.5         This Agreement is covered by the Laws of England and Wales.