On-Line Service Licence Terms & Conditions

1. PROPERTY OF MEPS (INTERNATIONAL) LTD ("MEPS")
The Licence below is a legal agreement between You (either an individual or a company, who will be referred to in this licence as “You”, or “Your” and MEPS international for which you are allowed to obtain a copy of selected average steel prices/indices and forecasts by subscription for a period of 12 months by downloading it remotely from our server at www.meps.co.uk. The copyright, database rights, know how and any other intellectual property rights in the data are and remain the property of MEPS. You are licensed to use them only if you accept all the terms and conditions set out below.

2. LICENCE ACCEPTANCE PROCEDURE

By clicking on the acceptance button which follows this licence agreement (marked 'do you accept these terms and conditions?'), you indicate acceptance of this licence and the limited warranty and limitation of liability set out in this licence. Such acceptance is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('single user licensee'). You will be asked to create a user name and password to enable you to enter the MEPS web site.

3. LICENCE REJECTION PROCEDURE

You should therefore read this licence agreement carefully before clicking on the acceptance button. If you do not accept these terms and conditions, you will not be able to continue with your licence.  Without agreeing to these terms you will be unable to subscribe to MEPS tables, forecasts and online reports.

4. LICENCE AND LIMITED WARRANTY

4.1 Ownership of materials and copies

The Materials and related documentation is copyrighted works of authorship, and are also protected under applicable database laws. MEPS retain ownership of the materials and all subsequent copies of the materials, regardless of the form in which the copies may exist. This licence is not a sale of the original Materials or any copies and is for one user only.

4.2 Licence

Provided that you have paid the required licence fee set out in clause 4.3 below, MEPS grants to you a limited, non-exclusive licence for the duration of your active subscription to access the materials for use on your own personal computer. You may enter the MEPS web site a restricted number of times per month to gain access to the materials, using your user name and password.  Should you require a change of user during your subscription period, contact MEPS Customer Services at subs@meps.co.uk who will be happy to amend the user and licence details for you.

4.3 Licence Fees

4.3.1 The licence fee payable is included in the subscription rate(s) set out at the MEPS web site.

4.3.2 All payments will attract VAT at the UK rate if applicable. If you are based outside the UK,

VAT may be waived on the provision of your registered VAT number.

4.4 Licence restrictions

You may not use, copy, modify or transfer the materials (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence. If you transfer possession of any copy of the materials to another party except as provided above, your licence is automatically terminated. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the materials. You may not vary, delete or obscure any copyright notices or any product identification or restrictions on or in the Materials.

You may not fax, forward, email, transmit, display, or reproduce and distribute the materials by means of printouts, or copies of the report in any manner whatsoever for use by persons either within, or outside of the your company.  Materials are also STRICTLY EXCLUDED from being uploaded, copied or made accessible on any intranet, internet, or any other devices and systems where access is made available to multiple users, either within, or outside of the Company.

4.5 No transfer
The Materials are licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Materials, on a temporary or permanent basis, without the prior written consent of MEPS. Each individual user must obtain a separate licence. Contact subs@meps.co.uk for a multi-user licence.

4.5.1 Multi-User Licence

Should you require more than one user, you may purchase a multi-user licence from MEPS, your multi-user licence will clearly state the terms of the multi-user licence.  Including the number of users and any other special dispensations agreed by MEPS with You. If You are not in possession of such a document, then You have a Single User Licence and therefore should fully comply with MEPS single user licence terms as stated within this document. Should you require a multi-user licence please contact MEPS at subs@meps.co.uk

4.6 Undertakings
You undertake to:

4.6.1 include our copyright notice on all and any copies of the Materials, including any partial copies of the Materials, authorised by MEPS in writing to be reproduced.

4.6.2 hold all tables, specifications, data, listings and all other information relating to the materials confidential and not at any time, during this licence or after its expiry, disclose the same, whether directly or indirectly, to any third party without MEPS consent.

4.7 No warranty

4.7.1 The information contained in the materials is obtained from sources on the steel market which MEPS considers to be accurate. MEPS uses reasonable endeavours to ensure that the information in the Materials is correct and that its analysis is reliable but no warranty is made as to the accuracy of the Materials.

4.7.2 MEPS shall not be liable for any reliance on the Materials by you. You assume the entire risk as to the use and performance of the materials.

4.7.3 MEPS does not warrant that the materials will meet your requirements or that its operation will be uninterrupted or error free.

4.8 Limitation of liability
MEPS's entire liability and your exclusive remedy shall be:

4.8.1 if, during the Licence Period, you are unable to access the materials via the website for an extended period, MEPS will send you a paper or electronic version of the Materials.

4.9 Exclusion of liability
Except in respect of personal injury or death caused directly by the negligence of MEPS , in no event will MEPS be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such materials, even if MEPS has been advised of the possibility of such damages. Nothing in this licence limits liability for fraudulent misrepresentation.

4.10 Term
The licence is effective for a 12 month period from the date of payment of the required licence fee.  Or, a period of time agreed by MEPS and confirm by MEPS in writing.

4.11 Changes and Termination

4.11.1 MEPS reserve the right to alter the materials as they wish. If changes are made to the materials, the web site will contain a statement notifying you of those changes.

4.11.2 MEPS may terminate this licence at any time on the basis that it will repay to you a proportion of the licence fee for the remaining period of the licence.

4.12 Refund Policy
Should you wish to terminate this licence no refund will be payable.

4.13 General

4.13.1 You agree that MEPS shall have the right, after supplying undertakings as to confidentiality, to audit the use of the website to verify compliance with this software licence.

4.13.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this Agreement and the place of performance of this Agreement shall be England the laws of that country shall govern such controversy or claim.

4.13.3 This licence constitutes the complete and exclusive statement of the licence between MEPS and you with respect to the subject matter of this Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.

4.13.4 Any clause in this licence that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this licence shall not be affected by that deletion.

4.13.5 Failure or neglect by either party to exercise any of its rights or remedies under this licence will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this licence nor prejudice that party's right to take subsequent action.

4.13.6 This licence is personal to you and you may not assign, transfer, sub-contract or otherwise part with this licence or any right or obligation under it without MEPS prior written consent.

4.14 Third parties
This Agreement does not create any right enforceable by any person who is not a party to it ('Third Party') under the Contracts (Rights of Third Parties) Act 1999, but this clause does not affect any right or remedy of a Third Party which exists or is available apart from that Act.

SCHEDULE 1
THE MATERIALS

World and Regional Steel Price Tables

Carbon and Stainless Steel Price Product Forecasts

Reports/Publications