Licence Agreement

Licence Agreement for UK Higher Education Institutions to use materials produced by the GeotechniCAL project

The purpose of this Agreement is to set out the terms and conditions under which your Higher Education Institution can use the Materials produced by the GeotechniCAL project. Please read this Agreement carefully. If there are aspects of the Agreement which you do not understand please seek independent legal advice or contact the GeotechniCAL Project Director.

  1. Materials

    2. The GeotechniCAL Project has produced the following materials (referred to in this Agreement as "Materials"):
    Reference package version 1 containing hypertext files
    Tutorial package version 2 containing programs workbooks and documentation
    Soil-Structure Interaction package version 1 containing programs workbooks and documentation
    ConFound package version 1 containing programs workbooks and documentation
    Site Investigation package version 1 containing programs workbooks and documentation
    LabSim package version 1 containing programs workbooks and documentation
    OGI Spires package version 1 containing the programs SefCut SefWeir and SefDam

  2. Supply

    1. The Supplier is under no obligation to deliver the Materials to the User, or to ensure their successful file transfer or installation
    2. The Supplier agrees to send to the User the passwords required to install the Materials selected from the list in Clause 1.
    3. The Supplier is under no obligation to update or otherwise amend the Materials supplied to the User, nor to make available any updated versions as may be developed, nor to provide technical or other support

  3. User rights

    4. The Supplier grants the User a non-exclusive and non-transferable licence to use the Materials as follows:
    1. The User may:
      • use the Materials for teaching purposes only throughout its premises in the United Kingdom
      • make copies of the Materials for teaching purposes at its own expense
      • place the Materials on a secure network, access to which is fully controlled by the User, and is restricted to the United Kingdom
      • modify the Materials only by the methods described in the GeotechniCAL Tutor's Manual
    2. The User may not:
      • use the Materials outside the UK without the express written permission of the Supplier
      • place the Materials where they can be accessed via the Internet
      • assign any of its rights under this Agreement nor the Agreement itself to any third party
      • grant to any third party a sub-licence to the Materials
      • use the Materials for any commercial purpose whatsoever
      • issue copies of the Materials to its students for use outside the User's teaching premises
      • permit the Materials to be copied or otherwise used in contravention of any law
    3. The User agrees to acknowledge the source of the Materials by ensuring that the following statement is placed in a prominent position on all copies of any extract from the Materials
      "The GeotechniCAL project is part of TLTP, jointly funded by the four UK higher education funding bodies: HEFCE, HEFCW, SHEFC and DENI. The authors of GeotechniCAL are employed by UWE, South Bank, Durham, Portsmouth, Glasgow, City, Warwick, Surrey and Bristol Universities; and Oxford Geotechnica International Ltd."
      together with the relevant notice from the following list
      • (Reference package) Authors: Roy Whitlow, Prof John Atkinson, Prof David Muir Wood, Rick Woods, Tony Price, Derek Petley, Dr David Toll, Rory Barr, Dr Les Davison, Neil Porritt. Programmer: Neil Porritt. Copyright © 1997, University of the West of England
      • (Tutorial package) Authors: Prof John Atkinson, Prof David Muir Wood, Roy Whitlow, Rick Woods, Dr Les Davison, Tony Price, Derek Petley, Dr David Toll, Neil Porritt. Programmer: Dr Les Davison. Copyright © 1997, University of the West of England
      • (SSI package) Authors: Caroline Simmons, Prof Mike Gunn, Rick Woods. Programmers: Caroline Simmons, Prof Mike Gunn. Copyright © 1997, South Bank University
      • (ConFound package) Authors: Rory Barr, Dr David Toll. Programmer: Rory Barr. Copyright © 1997, University of Durham
      • (Site Investigation package) Authors: John Moran, Nick Langdon, David Giles, Rob Barnes. Programmers: Otari Svanidze, Rezo Mesarkishvili. Copyright © 1997, South Bank University and University of Portsmouth
      • (LabSim package) Author: Dr Trevor Davies. Programmers: Stewart McSporran, Kenny McColl. Copyright © 1997, University of Glasgow

  4. Start, duration and termination

    1. This Agreement is effective from the date when the Supplier sends the passwords.
    2. This Agreement remains in force until it is terminated under either of Clauses 4.3, 4.4 or 4.5
    3. This Agreement may be terminated at any time with the mutual agreement in writing of the User and the Supplier
    4. This Agreement may be terminated by the User at any time by giving written notice to the Supplier
    5. This Agreement may be terminated by the Supplier at any time if the User fails to meet any of its obligations under this Agreement
    6. Immediately upon termination the User will destroy all existing copies of the Materials in its possession

  5. Warranties and Indemnities

    1. The Supplier warrants that it is legally entitled to enter into this Agreement
    2. The User agrees to indemnify the Supplier against any claims arising from the failure of the User to abide by the terms of this Agreement

  6. Interpretation

    7. This Agreement is subject to the exclusive juristiction of the English courts to which the parties hereto submit. This clause shall not prevent a party from seeking interim relief in any court of competent juristiction

Agreed by the parties through their authorised signatories