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License Agreement and Disclaimer

THIS IS A LEGAL AGREEMENT between you, an entity or a person, and the Vehicle Certification Agency ("VCA").

Please read this Agreement before you begin using either service.  Use of the information contained on either this web-site or the DVD-Rom supplied to VISTA Windows subscribers, is conditional upon your acceptance of the terms and conditions set out in the following paragraphs. If you do not agree with these terms and conditions, you should not log in to access the web-site or make use of the DVD-ROM, if supplied.   You must notify us and, if supplied return the DVD case, unopened, within thirty days.

The entire Agreement between you and VCA with respect to the subject matter herein is contained in this Agreement and shall be governed by the terms and conditions set forth in this Agreement. Any representations made prior to or during the operation of this Agreement shall be expressly excluded. This Agreement shall be governed by the provisions of English law.
 

DEFINITIONS

The headings in these terms and conditions of this Agreement are for convenience only and shall not be deemed to be part of the Agreement or to be taken into consideration in the interpretation or construction of the Agreement.

Agreement

This agreement.

Service

Provision of either:

VCA's Information System for Type Approval - VISTA accessed from this website and/or supplied on DVD-Rom, published and maintained by the Vehicle Certification Agency ("VCA") supported by  M-Hance Limited (“M-Hance”)

And/or:….

LegStat – accessed from this website and maintained by the Vehicle Certification Agency (“VCA”)

Subscriber

The individual or organisation who has paid the subscription for the service required and the appropriate Licence

User

An individual or group of individuals registered within the terms of the Licence identified in conjunction with the Subscriber.

Licence

Specifies the number of individual Users, groups of Users or sub-organisations entitled to use the Service and paid for by the Subscriber.

VISTA

An electronic library containing Type Approval Legislation and using the TROVE operating software. Referred to in this document as "VCA's Information System for Type Approval", "VISTA" and "Service".

LegStat

An online database of draft and proposed Type Approval Legislation accessed from this website.  Referred to in this document as “LegStat or “Service”

OWNERSHIP

VCA or in the case of VISTA, its supplier M-Hance own all rights of intellectual property, copyrights and all other rights as may subsist in the VISTA DVD or the website and VCA grants to you and you wish to accept a personal, non-assignable, non-exclusive licence to use the Service.  Full legal and equitable property in the service shall at all times remain vested in VCA and in the case of VISTA, M-Hance.

You agree to preserve any copyright notices and not to copy the Service except as defined within the scope of this Agreement or other agreements you may have with the VCA, except for the sole purpose of backup or archiving.  You agree to restrict the use of the Service as defined.

It is unlawful for you to load this software or take copies of by trade for profit or incentive without the express permission of VCA. This permission is given on the terms set out in this Agreement and by loading VISTA from the DVD-ROM or by browsing through VISTA and or LegStat via the web-site, you agree to accept these terms

The entire Agreement between you and VCA with respect to the subject-matter herein is contained in this Agreement and shall be governed by the terms and conditions set forth in this Agreement.  Any representations made prior to or during the operation of this Agreement shall be expressly excluded. This Agreement shall be governed by the provisions of English law.

No part of either VCA’s Information System for Type Approval (VISTA) or LegStat may be copied, sold or loaned or in any way disposed of by trade for profit or incentive without the express permission of VCA in writing, or as specified in the licence Agreement as detailed below. Crown copyright applies and is asserted.

It is unlawful for you to load this software or take copies of by trade for profit or incentive without the express permission of VCA.  This permission is given on the terms set out below and you agree to accept these terms when you use either VISTA or LegStat for the first time.
 

TERMS

The Vehicle Certification Agency hereby grant a non-transferable license to use VISTA and/or LegStat delivered to the user on the following terms.
This Agreement is effective from the date of receipt by VCA of the appropriate subscription fee and shall continue until the period of subscription has expired or until the Agreement is terminated by VCA in accordance with this Agreement. Upon termination of this Licence, the User shall stop using VISTA immediately and where held, destroy all copies of the software in its possession or return all copies to VCA.

The user agrees not to alter or modify the information supplied with the intention of selling or reproducing it for distribution to a third party, without the prior agreement of VCA.

Subscribers will ensure that all usernames and passwords issued to them are only made available to those Users defined within the Licence Agreement. The Subscriber will notify VCA immediately if it is suspected that a password has become known to a third party. VCA will terminate a compromised password and issue a replacement.

VISTA usernames and passwords and LegStat usernames are set by VCA.  The LegStat username is an email address.  The initial password provided for LegStat subscribers is also set by VCA, but LegStat subscribers have the option to reset it.

Please note that any re-set password in LegStat will only be known by you.  You must keep a record of any new LegStat password as nobody in VCA will have it.  If you lose your new LegStat password we will not be able to send you any reminder.  We would have to delete and re-insert your details to LegStat meaning you would lose access for a temporary period.

If you have a generic email address as a LegStat username it is your responsibility to ensure everyone who has access to that generic email address is informed of any password change.  We would advise that only one nominated person is permitted to change passwords to prevent colleagues losing access to LegStat by mistake.

Neither party shall be held liable in damages, nor shall have the right to cancel the Agreement for any breach of or non-performance under this Agreement, including failure to supply the Service for reasons beyond a party's control. Such reasons include, but should not be limited to failures caused by electromagnetic radiation effects, electrical storms, lightning strike, power generation failure; data loss due to computer virus; flood or other acts of God;Government or legislative restrictions; wars; strikes or other civil disputes.

VISTA and LegStat are provided "as is" and both services are provided for "information only". While these documents are VCA electronic versions of the ECE Regulations/EU Directives & EU Regulations and are derived from documents supplied from an official source (UN ECE Secretariat/OPOCE), only the printed versions of the ECE Regulations/EU Directives & EU Regulations supplied by the original provider can be considered as being authentic documents. The entire risk as a result of the usage of information supplied on either VISTA or LegStat is, therefore, is assumed by the User. VCA do not warrant, guarantee or make representations regarding the use of the data in terms of accuracy, reliability, correctness, how current the data is, legality or otherwise.

The contents, layout, links or other features of the Service are determined at the discretion of VCA; documents within VISTA and LegStat may be removed, added or reloaded without prior notice.
 

TERMINATION OF AGREEMENT

If any of the terms of this Agreement are broken, whether this be misuse of the system or failure to pay, VCA reserves the right to terminate the Agreement immediately by providing the Subscriber with written notice. VCA reserves the right to deny access to the Subscriber and all nominated Users on the date that written notice is issued and the Subscriber shall not be entitled to a refund of all or part of the subscriptions paid.

In the event of the Subscriber having received written notification from VCA that the terms of the Agreement have been modified, and having not subsequently used the Service, may terminate the Agreement and apply for a refund of a proportion of the subscription fee equivalent to the number of complete months unused.

Upon termination of this licence, the user shall stop using VISTA and/or LegStat immediately and will destroy all copies of the VISTA software DVDs in its possession or return all copies to VCA.
 

For VISTA and LegStat

Vehicle Certification Agency
1 The Eastgate Office Centre
Eastgate Road
Bristol, BS5 6XX
United Kingdom
Tel: +44 (0)117 951 5151

For VISTA only

M-Hance Limited
Head Office
Trinity House
Bredbury Park Way
Stockport, SK6 2SN
United Kingdom
Tel: +44 (0) 161 406 2300

 

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