Academic version

Academic version of ASCE is provided free of charge and is available on request to current students and teachers (subject to successful application). This version can be used for non-commercial educational purposes only.

By applying for an Academic licence you acknowledge that you have read the licence agreement, understand it and agree to be bound by its terms and conditions.

ASCE Academic Use Licence Agreement

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE:

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Adelard LLP incorporated and registered in England and Wales with company number OC304551 whose registered office is Stourside Place, Station Road, Ashford, Kent, TN23 1PP (Licensor, us or we) for Assurance and Safety Case Environment (ASCE) computer software and the accompanying materials, including but not limited to, plug-ins, schemas, example networks, help files and software tools (Software) for non-commercial educational purposes only.

For the avoidance of doubt, you are not permitted to use the Software for any commercial, business or re-sale purposes. For the purpose of this Licence, commercial purposes also includes, but is not limited to, the provision of industrial consultancy services and the provision of commercial courses.

We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times. For the purposes of this Licence, “User” shall mean you or the person within your organisation to whom sole use of the Software, under the terms of this Licence, is granted.

For the purposes of this Licence, a “Qualified Educational User” shall mean an academic, teacher or student, using the Software solely for educational purposes.

IMPORTANT NOTICE TO ALL USERS:

THE SOFTWARE MAY ONLY BE USED BY A QUALIFIED EDUCATIONAL USER AS DETERMINED BY US. IF YOU ARE NOT A QUALIFIED EDUCATIONAL USER, YOU HAVE NO RIGHTS UNDER THIS LICENCE.

BY INSTALLING THE SOFTWARE AND SELECTING THE "I ACCEPT THE TERMS IN THIS LICENCE AGREEMENT" OPTION YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND YOUR EMPLOYEES. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 6 (IF YOU ARE A BUSINESS) AND CONDITION 7 (IF YOU ARE A CONSUMER).

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE THE INSTALLATION PROCESS.

You should save a copy of this Licence for future reference.

1. GRANT AND SCOPE OF LICENCE

1.1 In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software on the terms of this Licence.

1.2 You may:

(a) install and activate the Software for the use of one User working under one user profile;

(b) use or grant the use of the Software for non-commercial teaching and educational purposes only; and

(c) provided you comply with the provisions in condition 4, make one copy of the Software for back-up purposes.

2. RE-DISTRIBUTABLE AND MODIFIABLE PORTIONS OF THE SOFTWARE

2.1 The redist.txt file supplied by us to you as part of the Software provides details of the portions of the Software that you may modify and re-distribute. Any modifications and re- distributions must be made in accordance with the terms of the redist.txt file.

2.2 Any modifications or re-distributions must be made for educational purposes only. In particular, in relation to teaching, re-distribution is limited to members of the relevant class. In relation to research, re-distribution is limited to those persons as necessary to further the essay or project.

2.3 No portions of the Software other than those specified in the redist.txt file may be modified or re-distributed.

2.4 You must acknowledge or reference Adelard LLP as authors of the original document on all derivative works and our copyright notice must be included on all entire and partial copies of the Software in any form.

3. SUPPORT SERVICES

3.1 There are no formal support services provided with this Licence. However, we will use our best endeavours to deal with any issues or questions submitted via e-mail only at asce_support@adelard.com. We are not able to provide a deadline by which we will respond to your email.

4. RESTRICTIONS

Except as expressly set out in this Licence or as permitted by any local law, you undertake:

(a) not to use the Software for any commercial, business or re- sale purposes. For the purpose of this Licence, commercial purposes also includes, but is not limited to, the provision of industrial consultancy services and the provision of commercial courses. If you are unsure whether a proposed activity is permitted under this Licence, please contact us;

(b) not to copy the Software except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;

(c) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;

(d) not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;

(e) except in accordance with condition 2, not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things except to the extent that by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the Software with another software program;

(ii) is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it; and

(iii) is not used to create any software which is substantially similar to the Software;

(f) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;

(g) to supervise and control use of the Software and ensure that the Software is used in accordance with the terms of this Licence;

(h) to include our copyright notice on all entire and partial copies of the Software in any form;

(i) not to provide, or otherwise make available, the Software in any form, in whole or in part including, but not limited to, program listings, object and source program listings, object code and source code) to any person other than the User of this Licence without prior written consent from us; and

(j) to comply with all applicable technology control or export laws and regulations.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge that all intellectual property rights in the Software, including any modifications made under condition 2, throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.

5.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

6. LIMITATION OF LIABILITY IF YOU ARE A BUSINESS USER

6.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.

6.2 If you are a business user, we only supply the Software for internal teaching and educational purposes by your business, and you agree not to use the Software for any commercial, business or re-sale purposes.

6.3 The Software is intended for use as an aid to developing and reading, amongst other things, safety and assurance cases, bow ties, fault trees, producing technical documentation, defining processes, such as quality systems or safety management systems. We shall not in any circumstances whatever be liable to you for the quality of anything developed using the Software, including anything derived from sample networks included within the Software.

6.4 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) loss or corruption of data or information;

(e) loss of business opportunity, goodwill or reputation; or

(f) any indirect or consequential loss or damage.

6.5 Nothing in this Licence shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other liability that cannot be excluded or limited by English law.

6.6 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

7. LIMITATION OF LIABILITY IF YOU ARE A CONSUMER USER

7.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.

7.2 If you are a consumer, we only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3 The Software is intended for use as an aid to developing and reading, amongst other things, safety and assurance cases, bow ties, fault trees, producing technical documentation, defining processes, such as quality systems or safety management systems. We shall not in any circumstances whatever be liable to you for the quality of anything developed using the Software, including anything derived from sample networks included within the Software.

7.4 Our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the limit of our professional indemnity insurance. This does not apply to the types of loss set out in condition 7.5.

7.5 Nothing in this Licence shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other liability that cannot be excluded or limited by English law.

8. TERMINATION

8.1 This Licence will terminate on the earlier of the first anniversary of the date of installation of the Software or the end date of the course in relation to which the Software was installed. If you wish to continue to use the Software after this date you must notify us to renew the Licence. On renewal of the Licence, the terms of this Licence will continue to apply unless we inform you otherwise and you agree to the new licence terms.

8.2 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

8.3 We may terminate this Licence immediately if we believe that you are not a Qualified Educational User or you are not using the Software solely for non-commercial educational purposes and, when requested by us, you are unable to provide a valid student ID or any other documents confirming that you are a Qualified Educational User and are using the Software for educational purposes.

8.4 You may terminate this Licence immediately by written notice.

8.5 Upon termination for any reason:

(a) all rights granted to you under this Licence shall cease;

(b) you must cease all activities authorised by this Licence;

(c) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

9. COMMUNICATIONS BETWEEN US

9.1 If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail at sales@adelard.com or by pre-paid post to Adelard LLP at 24 Waterside, 44-48 Wharf Road, London, N1 7UX. We will confirm receipt of this by contacting you in writing, normally by e-mail.

9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Software.

9.3 If you are a business user, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

10. OTHER IMPORTANT TERMS

10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.

10.2 You may only transfer your rights or your obligations under this Licence to another organisation if we agree in writing.

10.3 If you are a business user, this Licence and any document expressly referred to in it constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Licence or any document expressly referred to in it.

10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.6 If you are a consumer, please note that this Licence, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

10.7 If you are a business user, this Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

ASCE Academic Request Form

Note that all fields marked (*) are mandatory and must be filled in.