Terms & Conditions
OASYS: LS-DYNA code sharing site/forum
Terms of Service
Oasys Scriptbox (“Service”) is an online platform for storing and sharing scripts and script related information for the Oasys LS-DYNA environment. It provides a home for users who wish to share, download and discuss scripts which add functionality to Oasys products. Registered users are able to upload, download and rate scripts via a user-friendly community platform.
This is a legal agreement between you and (“Arup”). It sets out the basis on which you may use the Service. By using the Service, you are deemed to have accepted the terms of this agreement.
Please read these terms carefully. They contain important information about your account, the content you upload, and the rights and liabilities of you, Arup and other users of the Service (“Other Users”). To help with your understanding of this agreement, we have preceded some key terms with non-binding summaries in italics.
Arup may make changes to the Service and/or these terms and conditions from time to time by updating this page. Whilst we will try to notify you of any material changes, we may not notify you of every change. You should check this page from time to time to ensure you remain happy with these terms.
Your Account
- You need to set up an account in order to use the Service. To do this, you will need to provide us with certain information, including your name, your organisation and your role in it, an email address and password (“Account Information”). You may also choose to share some optional Account Information with us, including telephone numbers.
- The Account Information must be current, accurate and complete, and you must ensure it remains so for as long as your account is active.
- You are responsible for maintaining the security of your account and password. Arup cannot and will not be liable for any loss or damage from the your failure to comply with this security obligation.
- Your account must be managed by a human being at all times. Arup does not allow for accounts to be set up or operated by “bots”.
Use of the Service
Summary: You must not use the site or its forum functions in any improper way, including using software to interfere with the site and its content or harvest information. You must not under any circumstances post confidential information to the site. Certain aspects of the site’s operations (such as hosting) are carried out by third parties, and you consent for us to disclose/transmit data and information as necessary to those parties in order to properly run the site.
We may delete or disable your account if you breach any term of this agreement.
- You must never:
- use the Service for any illegal or unauthorised purpose;
- in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws);
- modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Arup, or any of Arup’s affiliates, projects or other services;
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Arup, with the sole exception of Other Users’ content as authorised in clauses 17-21;
- upload, post, host, or transmit unsolicited email, SMSs, “spam” messages or any material that is offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable;
- transmit any worms or viruses or any code of a destructive nature; or
- otherwise interfere with the proper working of the Service, or with Other Users’ use of the Service.
- You understand and agree that:
- Arup uses third parties to provide the necessary hardware, software, networking, storage, related technology third-party vendors and hosting required to run the Service; and
- the technical processing and transmission of the Service, including your Account Information and Your User Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- Arup is not obliged to maintain the Service indefinitely, and we may cease providing the Service at any time without notice. If any technical support functions are provided, they are done so entirely at Arup’s discretion.
- You may not access the Service:
- other than through the documented user interface; or
- through any program code that is not currently a part of the Service.
- You are responsible for all Your User Content and activity that occurs under your account, even when such content is posted by third parties (authorised or unauthorised) using your account.
- You will not post any material (including Your User Content) to the Service in breach of any obligation of confidentiality you may owe to Arup or a third party.
- Arup may, without incurring any liability to you, temporarily disable or permanently delete your account at any time if you breach any term of this agreement.
Content Uploaded by Others
Summary: Arup has no responsibility for content produced by others. Although we attempt to moderate comments, we can’t guarantee that you will never be exposed to objectionable or damaging content posted by the site’s users.
- The opinions, thoughts, ideas, plans or strategies expressed by you or Other Users on the Service are solely those of their author(s), and do not reflect those of Arup. Whilst Arup prohibits offensive conduct and content posted on the Services, Arup cannot be responsible for the content inputted on the Services and you nonetheless may be exposed to such materials. You agree to use the Services entirely at your own risk.
- Arup does not make any warranties or offer any rights (except for those under clauses 17-21) in relation to any comments posted by you or any Other Users. Arup is under no obligation to post or use any comments submitted to the Service. . Arup may remove and/or delete any comments that are deemed inappropriate either before or after posting at any time in Arup’s absolute discretion.
Rights to Content – Definitions
Summary: definitions of content which relate specifically to the licences in this agreement, for ease of reference.
- In this agreement:
- “Material” means any and all written works, software, scripts, code, models, graphics, , data, information and all other documents, files and materials, in any format;
- “Arup Proprietary Content” means Material comprising the Service, except for Arup User Content, Your User Content and Other Users’ Content;
- “Arup User Content” means Material which Arup uploads and shares using the forum feature of the Service under an Arup-run account. It is limited to the main body and subject of posts, and does not include incidental proprietary material such as Arup’s name, logo or other branding or identification;
- “Your User Content” means Material which you enter, submit, upload, share, or otherwise make available, store, or contribute to the Service, in any format; and
- “Other Users’ Content” means Material which Other Users enter, submit, upload, share, or otherwise make available, store, or contribute to the Service, in any format.
Rights in the Service
Summary: You don’t have any rights to IP in the site itself or any of Arup’s proprietary materials, such as logos etc. – these belong to Arup Group and its licensors.
- Arup and/or its affiliates and licensors own all intellectual property rights in Arup Proprietary Content. Except as expressly set out in clauses 17-21, this agreement does not grant you or any Other Users any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service. This agreement is not a licence to software, so no rights to decompile etc. any software arise by virtue of the Software Directive 2009/24/EC or otherwise.
Rights to Content Posted by Other Users
Summary: Any content posted to the site by its users is effectively ‘open source’. As long as you comply with these terms you may use this content for any purpose. This includes content which Arup employees posts to the forum. You are not required to observe ‘moral rights’ (such as the obligation to credit authors) if you use such material. This licence can be revoked if you breach these terms.
- For as long as you comply with this agreement:
- the Other Users grant you a non-exclusive, worldwide, perpetual, royalty-free, sublicensable licence to copy, use, modify, improve, reproduce, make derivative works of, publish and/or distribute the Other Users’ Content for any purpose; and
- Arup grants you a non-exclusive, worldwide, perpetual, royalty-free, sublicensable licence to use, modify, improve, reproduce, make derivative works of, publish and/or distribute the Arup User Content for any purpose.
- The Other Users and Arup waive any moral rights under Chapter IV of the Copyright, Designs and Patents Act 1988 (and any broadly equivalent rights in any territory of the world to which they may be entitled) in Other Users’ Content and Arup User Content which is licensed under clause 17.
Rights in Your User Content
Summary: Any content you post effectively becomes ‘open source’ as soon as you post it. Whilst you remain the owner of your content, Arup and other users can use any content posted by you for any purpose, including by integrating it into their own products or services. You will not assert any ‘moral rights’ in the content you post (including the right to insist that you be credited in any subsequent use by Arup or other users of the content).
Note that once you have posted material to the site this licence cannot be taken back. If you want to stop others from using material your only real recourse is to remove the post and limit its exposure. However, users technically have the right to continue to use it, so this is only likely to limit the number of new users who use the material in practice.
- For as long as they comply with the Terms of Service, you grant the Other Users a non-exclusive, worldwide, perpetual, royalty-free, sublicensable licence to copy, use, modify, improve, reproduce, make derivative works of, publish and/or distribute the Your User Content for any purpose without limitation.
- You grant Arup and its affiliates a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, sublicensable licence to copy, use, modify, improve, reproduce, make derivative works of, publish and/or distribute Your User Content for any purpose without limitation.
- You waive any moral rights under Chapter IV of the Copyright, Designs and Patents Act 1988 (and any broadly equivalent rights in any territory of the world to which you may be entitled) in Your User Content which is licensed under clauses 19-20.
Personal Data
Summary: If you provide us with any personal information we will ensure it is handled in compliance with applicable data protection legislation.
- Any personal information we obtain through your use of the Site, including parts of your Account Information, is subject to Arup’s Privacy Policy[1], which is incorporated by reference into this agreement.
Liability
We are offering this forum and site to users free of charge, as a complementary service alongside our commercial software business. We expect users to take this into account, and not to make frivolous claims against us for the site’s functionality, routine bugs or any material posted by others.
You must ensure you exercise your discretion and obtain properly qualified independent advice regarding any important material on the site which you would like to use.
- The Service is made available to you free of charge on an “as is” basis, on the express understanding that no representations or warranties, express or implied, are made regarding its performance or the accuracy, validity or completeness of any Material or information in the Service. To the maximum extent permitted by law, Arup disclaims all warranties, express, implied, statutory or otherwise, including but not limited to fitness for a particular purpose, merchantability, title, quality, and noninfringement. Arup does not warrant that:
- the Service will meet your specific requirements;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of Arup User Content and/or Other Users’ Content will be accurate or reliable, or meet your expectations; or that
- any errors in the Services will be corrected.
- Arup shall not be liable for:
- Any loss of profits, loss of goodwill, loss of use, or loss of data; and/or
- indirect, incidental, special, consequential or exemplary damages, or other intangible losses (even if Arup has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of the your transmissions or data;
- statements or conduct of any third-party on the service; or
- any other matter relating to the Service.
- Notwithstanding any other term of this agreement, in no event shall Arup’s total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, breach of statutory duty or otherwise, arising in connection with the performance or contemplated performance of this agreement exceed the amount of twenty five pounds (£25.00). Nothing in this agreement excludes Arup’s liability for:
- death or personal injury caused by the Supplier’s negligence; or
- fraud or fraudulent misrepresentation.
- You indemnify and hold Arup, its employees, subsidiaries and affiliates harmless from any and all liabilities, claims, and expenses, made against Arup by any third party due to or arising out of in connection with your use of the Service.
Changes to this Agreement
Summary: We may change these terms by updating this page. Whilst we will attempt to notify you of material changes, it will be for you to check these terms from time to time and ensure you remain content with them. If at any time you are not happy with these terms and conditions, your only recourse is to stop using the site.
- Arup may modify this Agreement at any time.
- If Arup materially modifies this Agreement it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. However, we are not required to notify you of all changes.
- By continuing to use the Service after Arup has posted a modification of this Agreement, you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to discontinue the use of the Service.
Severability
Summary: If the law changes and renders any part of this agreement ineffective, the rest of the agreement remains in force.
- If it is held under any enactment or rule of law that any provision of this Agreement is void or otherwise ineffective in whole or in part then any other part and the other terms of this Agreement shall continue in full force and effect.
Entire Agreement
- This Agreement is the complete and exclusive agreement between you and Arup which supersedes all proposals or prior agreements, oral or written.
- Save as expressly provided herein, this Agreement may not be altered, supplemented, or amended by the use of any other document(s).
Third Party Rights
- With the sole exception of the licence granted to Other Users by clause 19, the parties do not intend that any term of this Agreement be enforceable by any person who is not a party to this Agreement.
Duration
- This agreement will remain in effect until terminated.
- This agreement, and your rights and licences hereunder, will terminate immediately:
- upon your breach of this agreement; or
- upon deletion of your account.
- Upon termination of this agreement, you will not be permitted to use the Service again without Arup’s express written permission.
Jurisdiction and Law
- This agreement shall be governed by and construed in accordance with the law of England and Wales.
- The English courts shall have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this agreement.
[1] Make this a hyperlink to the policy.
