BGS SIGMA terms and conditions

BGS•SIGMAmobile software: Terms of Use

As consideration for the rights granted to you by BGS to use the BGS•SIGMAmobile software ‘the Software’, you agree to be bound by the following terms of use:-

1. The ownership and all intellectual property rights in the Software are at all times retained by Natural Environment Research Council (NERC)
   
2. The Software can be: (i) used; and/or (ii) adapted or modified; and/or (iii) distributed, as follows:
   
   1. The Software, or adaptations/modifications thereof (see ii below), may be used for non-commercial academic or other research purposes. In connection with commercial activities, no direct or indirect fee may be charged for use of the Software or adaptations/modifications thereof (see ii below) in connection with the supply of any goods or services provided to third parties;
      
   2. The Software may be adapted or modified. Notwithstanding any modifications or adaptations of the Software you may make, no transfer of ownership of the original Software or of any intellectual property rights in the original Software is stated or implied under these terms. All adaptations or modifications of the Software must be made available to BGS, via email to sigma@bgs.ac.uk, prior to the adapted/modified version being used or distributed (see iii below);
      
   3. The Software, and any adapted or modified versions thereof, may only be distributed under terms of use not materially differing to the terms contained herein. No direct or indirect fee may be levied for distribution of the Software, or adapted or modified versions thereof, other than the recovery of any cost incurred in connection with the physical delivery of the Software (e.g. postage & packing)
      
3. The Software is provided ‘as is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of fitness for a purpose, or the warranty of non-infringement. Without limiting the foregoing, the BGS makes no warranty that:
   
   • the Software will meet your requirements
     
   • the Software will be uninterrupted, timely, secure or error-free
     
   • the results that may be obtained from the use of the Software will be effective, accurate or reliable
     
   • the quality of the Software will meet your expectations
     
   • any errors in the Software will be corrected
     
   • could include technical or other mistakes, inaccuracies or typographical errors. The BGS may make changes to the Software or documentation.
     
   • may be out of date, and the BGS makes no commitment to update such materials
     
4. The BGS assumes no responsibility for errors or omissions in the Software or documentation
   
5. In no event shall the BGS be liable to you or any third parties for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not the BGS has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with your use, adaptation/modification or distribution of this Software

The use of the Software is at your own discretion and risk and with agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from the BGS or from the BGS web site shall create any warranty for the Software.