The definitions in this clause apply in this Agreement.
- any tools or other assets that the Licensor may provide from time for the User to use in connection with the Standards and the Data (which may for example include video, graphics and illustrations).
- the data and information behind the Standards that can be used to provide an individual personalised target based on the Standards.
- Intellectual Property Rights
- all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
- Pension and Lifetime Savings Association, a company limited by guarantee registered in England and Wales with company no. 1130269 whose registered office is at 24 Chiswell Street, London EC1Y 4TY.
- the Retirement Living Standards published by the Licensor.
- these terms on which the User is permitted to publish and use the Standards and/or the Data.
- a person who publishes or otherwise make use of the Standards and/or the Data.
- the website set up by the Licensor for the publication of the Data to its licensees with the url retirmentlivingstandards.org.uk
Clause headings shall not affect the interpretation of this Agreement.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to writing or written includes e-mail.
References to clauses are to the clauses of this Agreement.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
The Licensor grants the User the right to publish the Standards and use the Data and the Assets in accordance with the provisions of these Terms.
The licence granted is free of charge, non-transferable and subject to termination in accordance with the provisions of these Terms.
The User accepts the provisions of these Terms and undertakes to observe and comply with them.
Use of the standards
The User must use and publish the Standards only with the values and names in which the Standards are provided by the Licensor and may not make any changes to these except for any changes that are specifically approved by the Licensor in advance in writing. The User must ensure that it is at all times using the latest version of the Standards published by the Licensor.
In all instances of its use and/or publication of the Standards the User must include an acknowledgement that the Standards are the property of and are provided by the Licensor and Loughborough University and describe the Standards as “The PLSA/Loughborough University Retirement Living Standards”, except for any changes that are specifically approved by the Licensor in advance in writing. The Licensor will provide a PLSA logo which, wherever practicable, the User must display with the Standards.
The User shall whenever practicable include with any use or publication of the Standards a link to the Website.
Use of the data and the assets
In all instances of its use of the Data and/or Assets the User must include an acknowledgement that the Data and/or Assets are the property of and are provided by the Licensor and Loughborough University.
The User shall, wherever practicable, include with any use of the Data a link to the Website.
If the Data is used to provide an individual personalised target based on the Standards the User must ensure that all persons who receive such a target understand that these are for illustration and guidance only and do not constitute financial advice. The User shall indemnify the Licensor and Loughborough University against all liability, costs and losses that they may incur as a result of the User providing the Data and its output to any person.
The User must use the Assets only in the manner and for the purposes for which they were provided.
Intellectual property rights ownership
The User acknowledges that all Intellectual Property Rights and all other rights in the Standards, the Data and the Assets are the property of the Licensor and/or Loughborough University and that the User shall have no rights in or to the Standards or the Data or the Assets other than the right to use them in accordance with the express provisions of these Terms.
The Licensor warrants to the User that the Licensor has the right to grant the licence set out in these Terms.
The Licensor is required by the terms of its arrangements with Loughborough University to include in these Terms the provisions set out in the Appendix below which form part of these Terms and must be accepted and observed by the User.
Limitation of liability
The User acknowledges that the Data is not provided on the basis of it being absolute fact but that it is the output of certain algorithms and calculations designed to provide an informed opinion on the matters it covers.
Neither party excludes or limits liability to the other party for fraud or fraudulent misrepresentation or death or personal injury caused by negligence.
Subject to clause 7.2, the Licensor shall have no liability in contract, tort (including negligence and breach of statutory duty howsoever arising) arising in connection with the Standards or the Data or the use of them by the User or any person to whom the User makes them available.
The Licensor may terminate the licence granted by these Terms by not less than 30 days’ notice at any time. Notice shall be given on the Website.
The User may terminate the licence granted by these terms immediately by notice to the User if the User commits a material breach of any provision of these Terms. Such notice shall be in writing and shall be served on the User at its registered office or principal place of business.
On termination of the licence the User shall have no further right to publish or use the Standards or the Data and shall immediately cease to do so.
The Licensor shall not be in breach of any provision of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including any power outage, unavailability of the internet or any issues with the Website.
The provisions of these Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
The Licensor may vary the provisions of these Terms at any time by posting notice of such variation on the Website.
Any such variation shall take effect 30 days after the day on which it is posted on the Website.
The User may at any time following such variation terminate the licence granted by these Terms by notice to that effect to the Licensor.
Loughborough University shall have the benefit of the provisions of these Terms and the right to enforce them but otherwise no person other than the parties to this Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provisions of these Terms.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
Loughborough University makes no representation nor gives any warranty as to the sufficiency, fitness or suitability of RLS for any purpose or purposes envisaged at the point of contract by PLSA [the Licensor] and/or post contract by PLSA their authorised licensees and/or any Third parties as RLS is the output from a single research study carried out by the University and is intended to be informative in nature only and published solely as information, not to be relied upon by anyone for any other purpose and the University disclaims any and all direct or indirect liability or damages, including legal costs, and any other kind of responsibility arising from anyone relying upon RLS for any purpose or use other than information.
PLSA agree and will ensure any of its authorised licensees agree Loughborough University’s disclaimer above as a pre-condition to using the RLS. PLSA and/or their licensees and/or any Third-party agrees to obtain their own independent legal and financial advice, make pre-use enquiries and conduct necessary due diligence as to the suitability of the RLS for the purpose or purposes intended.