Oasys LS-DYNA Newsletter – May 2020

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Terms & Conditions

Contents

Privacy and Cookies

Data Security

Website Terms and Conditions

Software Licensing Terms


Privacy and Cookies

We may change this privacy notice from time to time by updating this page.

What information do we collect?

When you use this website, we may collect the following information:

  • the areas of the website that you visit
  • information about your computer, such as which browser you are using, your network location, the type of connection you are using (e.g. broadband, ADSL etc) and your IP address

We do this by using cookies, which are small files that help us track how our visitors use the website and enable us to understand where we can improve your experience. If you would like to find out which cookies we use and the information they track see our Cookies Policy.

Once you submit or register information through our website we will know who you are and your activities on this website and information about you and/or your company may be recorded on our systems. For example, we may ask for personal information when you download our software including:

  • your name
  • company name
  • email address
  • postal address
  • telephone number
  • country where you are based
  • Social media ID
  • your comments/questions
  • services/markets you are interested in

We may also collect personal information from telephone calls and/or other correspondence with you.

What do we do with the information we collect?

The information we capture is used for various purposes. The main purpose is to provide you with our services (whether available via the website or offline). We also use the information for:

  • website development
  • understanding how our visitors interact on the website
  • understanding what our clients are interested in
  • understanding what potential clients are interested in
  • dealing with enquiries/concerns
  • marketing our services and people to you
  • market research
  • service development
  • internal record keeping

Marketing

We would like to provide you with information about our services and other information which we think you may find interesting. We may send you such information by post, email and/or telephone, unless you have asked us not to do so.

We will not provide your personal information to other organisations for marketing purposes without your explicit consent.

If at any time you do not want your information used for direct marketing purposes, please contact us or follow the unsubscribe link in our marketing email messages.

Who do we share this information with?

We may share your personal information with companies acting on our behalf who will only use the information to provide that service. However, we will retain control of your data and any third party service provider that we use must act in accordance with our instructions. We may also share your personal information with a purchaser or potential purchaser of our business.

In some circumstances, we may have to disclose your personal information by law, because a court or the police or other law enforcement agency has asked us for it.

How to get copies of or amend the information we have collected

You may request details of the personal information that we hold about you under data protection laws. If you would like a copy of the information held about you please write to us at [email protected] or at: Data Protection Officer, 13 Fitzroy Street, London, UK, W1T 4BQ. Please note that we may charge a small £10 administration fee for information requests.

If you think any information we have about you is incorrect or incomplete, please email us as soon as possible. We will correct or update any information as soon as we can.


Data Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect, including locked cabinets, electronic password protection and pass card access to buildings.

If at any point you suspect or receive a suspicious communication from someone suggesting they work for Oasys or a website claiming to be affiliated with Oasys, please forward the communication to us or report the incident by email to [email protected] or in writing to Oasys, 13 Fitzroy Street, London, UK, W1T 4BQ as soon as possible.


Website Terms and Conditions

The contents of this web site are protected by copyright and other intellectual property rights under international conventions. No copying of any words, images, graphic representations or other information contained in this web site is permitted without the prior written permission of the webmaster for this site.

Oasys accepts no responsibility for the content of any external site that links to or from this site.


Software Licensing Terms

Terms and Conditions of Purchase

The full conditions of purchase and maintenance for all Oasys software are set out in the Oasys Software Licence and Support Agreement. All prices are subject to TAX at the current rate.

Prices and specifications are subject to change without notice – please ask for a written quotation.

Although every care has been taken to ensure the accuracy of all information contained herein, the contents do not form or constitute a representation, warranty, or part of any contract.

Superseded Versions of Terms and Conditions

Oasys keeps copies of all superseded versions of its terms and conditions.

Maintenance & Support Services

Twelve months support and maintenance is included with most products. Thereafter maintenance is calculated as a percentage of the current sales price.

An annual maintenance service is available for most programs after the first year.

This service includes:

  • telephone/fax/email/web based support
  • free software updates available via internet download
  • personalised output header for many products

Terms & Conditions

Trials Terms & Conditions Contents

This is a legal licence agreement (“Agreement”) between you (“User”) and Oasys Ltd (“Oasys”). Please read carefully the terms and conditions of this Agreement before downloading, installing or using any of the Software referred to herein.

 

By clicking “Accept T&Cs” below, supplying Oasys with the User’s contact details for the purpose of downloading/using the Software or downloading, installing or using the Software the User acknowledges and agrees that:

 

If the User does not agree to be bound by the terms of this Agreement they may not download, install or use the Software.

 

GRANT OF LICENCE: Oasys grants the User the right to use free of charges, a copy of the Oasys Suite of Software programs / LS-DYNA software / FEMZIP Software / Barrier FE Model / Pedestrian FE Model and related documentation (collectively “Software”) for evaluation and demonstration purposes only for the term of this Agreement. Unless agreed otherwise in writing, the term of this Agreement shall be 1 month from the date the Software is downloaded by the User. User shall not distribute, disclose, market, rent, lease or transfer the Software to any third party. Oasys reserves all rights in the Software not expressly granted to the User in this Agreement.

 

TERM AND TERMINATION: Evaluation of the Software shall commence upon the date the Software is downloaded by the User and will terminate on the expiry of the term of this Agreement as detailed above (termed “Trial Licence Period”). If User does not purchase the Software prior to the expiration of the Trial Licence Period this Agreement expires automatically and User shall immediately destroy all copies of the Software, including all media and manuals received with the evaluation copy. PLEASE NOTE: If User thereafter licenses the Software, all terms and conditions of Oasys’ Software Licence Agreement, which is to be separately agreed between Oasys and User prior to User’s receipt of the Software, shall be in full force and effect and the terms and conditions of this Agreement shall be null and void.

 

COPYRIGHT AND CONFIDENTIALITY: User understands that the Software / FE Models remain the proprietary property of the Software / FE Model author(s) and are protected by the United Kingdom Copyright laws and the international treaty provisions. User agrees to protect the Software / FE Models with at least the same standard of care and procedures which User uses to protect its own proprietary information and in no event, less than a reasonable standard of care.

 

EXPORT CONTROL: User understands and acknowledges that the Software / FE Models is subject to the export administration regulations of the UK. Unless agreed otherwise in writing, the User shall not transfer the Software outside the United Kingdom.

 

WARRANTY: Oasys warrants that the Livermore Software Technology Corporation (LSTC) is the owner of the LS-DYNA Software and that Oasys Ltd is the owner of the Oasys Suite of Software programs and FE Models.  Oasys Ltd shall indemnify and defend User against any and all claims that the Software infringes on any U.S. patent or copyright or violates any other proprietary of a third party.

 

NO OTHER WARRANTY: User acknowledges that this licence is only for evaluation purposes and that the Software / FE Models are being provided to user “as is”. EXCEPT AS PROVIDED ABOVE OASYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OASYS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET USER’S REQUIREMENTS, OPERATE IN COMBINATIONS SELECTED BY USER, PRODUCE RESULTS DESIRED BY USER OR OPERATE WITHOUT INTERRUPTION OR ERROR FREE.

 

LIMITATION OF LIABILITY: OASYS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH FURNISHING, PERFORMANCE OR USE BY USER OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

 

MODIFICATION: Oasys reserves the right to modify and/or change any of the terms and conditions of this Agreement at any time and without prior notice. If Oasys materially modifies this Agreement it will make reasonable efforts to notify the User of the change. For example, Oasys may send a message to the User’s email address, or generate a pop-up or similar notification when the User accesses the Software for the first time after such material changes are made. By continuing to use the Software after Oasys has posted a modification of this Agreement, the User agrees to be bound by the modified Agreement. If the modified Agreement is not acceptable to the User, the User’s only recourse is to discontinue the use of and uninstall the Software. This Agreement will also govern any software upgrades and/or updates provided by Oasys that upgrade and/or supplement the Software, unless such upgrades and/or updates are accompanied by a separate licence, in which case the terms of that separate licence will apply.

 

ENTIRE AGREEMENT: This Agreement sets forth the entire agreement and understanding of the parties and supersedes all prior oral and written agreements and understandings relating thereto. This Agreement shall only become effective when the User indicates acceptance of its terms in any one of the manners prescribed above. This Agreement shall be subject to English law and any disputes referred to the English Courts.

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