timberconnectionsPro

Version

Release date

1.0.0

10/05/10

Based on BS EN 1995-1-1:2004+A1:2008 and the corrigendum of January 2009

1.0.1

14/07/10

Changes arising from BS EN 338: 2009 (published 31st March 2010):
Minor changes to shear and tension strengths
Added strength classes D18 and D24 (timberconnectionsPro only)

 

06/06/13

Reviewed against BS EN 1995-1-1:2004+A1:2008, no changes to calculations in software required.

Eurocodes

timberconnectionsPro assesses the capacity of connections in accordance with BS EN 1995-1-1:2004+A1:2008 Eurocode 5. Design of timber structures. General. Common rules and rules for buildings and its UK National Annexe, generally referred to as EC5.

Copyright

Published in 2010 by TRADA Technology Ltd (now Exova BM TRADA).

All rights reserved. No part of this software may be reproduced, stored in a retrieval system, or transmitted in any form, by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owners.

© Exova (UK) Ltd

TERMS AND CONDITIONS

1. Definitions

In these Terms and Conditions the following meanings shall apply:

‘Publisher’:

Exova BM TRADA

‘You (and Your)’:

the customer, with whom Publisher enters into the Agreement, and any person who Publisher reasonably believes is acting with the customer\'s authority or knowledge including the Authorised Users;

‘Account’:

the facility extended under this Agreement allowing You to access and use the Service;

‘Agreement’:

the entire contract between Publisher and You for the provision of the Service incorporating these Terms and Conditions, the Subscription Form, and the documents referred to in them, to the exclusion of all other terms;

‘Approved Use’:

your private and internal business use only;

‘Authorised Users’:

the users of online information on the TRADA website notified to the TRADA;

‘Data’:

the information and other materials in whatever form from time to time available through, on or otherwise forming, the Service;

‘Password’:

a unique user name and code;

‘Access’:

TRADA member access to timbersizerPro and timberconnectionsPro;

‘Usage’:

The terms of using the service displayed and accepted by TRADA member users on-line;

‘Rights’:

data which is protected by copyright, database and other intellectual property and related rights of Publisher and its licensors;

‘Service’:

timbersizerPro and timberconnectionsPro software

‘Start Date’:

timbersizerPro and timberconnectionsPro users: the date the Agreement becomes binding;

‘Term’:

timbersizerPro and timberconnectionsPro users: 12 months (or at the end of any TRADA membership subscription);

2. Access

2.1

If You proceed to Access the Service on behalf of Your company or organisation You are confirming that:

Your company or organisation agrees to these Terms and Conditions; and

You are authorised to Access and agree to these Terms and Conditions on its behalf, and that You are not exceeding Your authority.

2.2

If You proceed to Access the Service as an individual member of TRADA You are agreeing to these Terms and Conditions.

2.3

You must be a current subscribing member of TRADA in order to Access the Service and if your membership subscription to TRADA is overdue your Access to the Service will lapse.

2.4

All Data advertised on the Service is subject to availability and may be amended or replaced without notice at any time.

2.5

On expiration or termination of this Agreement for whatever reason: (i) Publisher shall terminate Your Access to and Usage of the Service; (ii) You and Your Authorised Users shall have no further right to access or use the Data.

2.6

Non-members of TRADA may preview the Service using the free demonstration version prior to joining the association. The Publisher reserves the right to withdraw the preview service at its sole discretion.

3. Provision of the Service

3.1

Publisher will provide the Service in accordance with the terms and conditions of the Agreement.

3.2

The Service is accessed via the Internet. You are responsible for the provision of and payment for the telecommunications services plus a suitable computer, browser, and any other items of hardware, software or communications equipment necessary to enable You to Access the Service and receive the Data. Contact the Help desk for further details of minimum technical requirements. The Publisher will not be able to issue refunds against these charges or accept responsibility for any delay or inability to access any part of the Service or the Data due to any faults of, or Your means of Access to, the Internet.

3.3

The Publisher cannot guarantee that the Service will never be faulty or that it will be available at all times, but the Publisher will endeavour to correct reported faults as soon as the Publisher reasonably can. If a fault occurs You should report the fault to the Help desk. The Publisher may need to vary the technical specification, or temporarily suspend the whole or any part of the Service from time to time.

3.4

You are responsible for ensuring that Your computer systems are suitable to access and use the software. While security measures are in place, Publisher does not warrant that any software will be free from viruses or other code that might be harmful. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.

3.5

Publisher makes no representation and gives no warranty that the software is appropriate or available for use in locations outside the United Kingdom.

3.6

If the use of the software is unlawful in any jurisdiction (because of Your nationality, residence or for some other reason), that information or material is not offered. If You are outside the United Kingdom, You must satisfy Yourself that You are lawfully able to use the software. Publisher accepts no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of the software by anyone outside the UK.

3.7

To contact the Help desk, telephone 01494 569602 or email information@trada.co.uk.

4. Use of the Data

4.1

The Service enables You to download Data. Publisher grants You a non-exclusive, non-transferable licence to use the Data on the following terms. Subject to the excluded uses set out in Clause 4.2 and, unless indicated to the contrary on the Service, any Data You download may be viewed on screen and printed out in hard copy for Approved Use.

4.2

You must not, nor attempt to, (i) sell; (ii) make available on a local or wide area network; (iii) link to or frame; (iv) make mass, automated or systematic extractions from; (v) include within an archival or searchable database; or (vi) distribute externally the Service or the Data (in whole or in part). Any Data which You download must be held securely within Your possession and control free from any third-party access and with all credits, legends, notices or markings maintained.

4.3

All Rights are reserved by Publisher and its licensors. Any copying, storage, transmission, publication or use, is prohibited.

4.4

Publisher warrants and undertakes to You that Your use of the Data in accordance with the terms of this Agreement shall not infringe the Rights of any third party. You must contact Publisher immediately if anyone makes or threatens to make a claim against You relating to Your use of the Data and You will comply with any reasonable request from Publisher in relation to such claim.

4.5

You should independently verify the results of using any software before relying on them. The software is not intended to address any particular requirements; and is not intended to be relied upon when making or refraining from making any decision. The use of the software is not a substitute for the exercise of professional judgement. If You are not qualified or experienced enough to make a judgement on the validity of results from the software, You should take professional advice.

5. Term and Termination

5.1

The Agreement shall commence on the Start Date of your TRADA membership and continue for the Term unless terminated earlier in accordance with the following provisions.

5.2

In addition to any other rights Publisher may have, Publisher can terminate the Agreement, and Your Access immediately without notice if You: (i) breach any provision of this Agreement and fail to remedy that breach within seven days upon notice from Publisher; or (ii) are made bankrupt, enter into liquidation or any arrangement or composition with Your creditors or if a receiver or administrator or administrative receiver is appointed against any of Your assets or business.

5.3

If Publisher delays in acting upon a breach of this Agreement by You, that delay will not be regarded as a waiver of the breach. If Publisher does waive a breach of this Agreement by You, that waiver is limited to that particular breach.

6. Liability

6.1

Whilst Publisher will use all reasonable skill and care in the creation and supply of the Service and the Data, Publisher does not give any warranty as to their suitability, accuracy or fitness for any purpose.

6.2

Subject to Clauses 7.3, 7.4 and 7.5, Publisher excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the suitability, accuracy or fitness for any purpose of the Service and any Data and limits its liability for any other liability under this Agreement to the Fees payable by You for the element of the Service or the Data in dispute.

6.3

Subject to Clause 7.4 Publisher excludes all liability for loss of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatever.

6.4

Publisher does not limit or exclude its liability for death or personal injury caused by its negligence or any other liability the limitation or exclusion of which is prohibited by law.

6.5

Save as expressly permitted in this Agreement, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.

7. Indemnity

7.1

You agree to indemnify Publisher against any costs, claims, damages or expenses arising from any use by You of the Service and the Data under this Agreement which are brought or threatened against Publisher by another person.

8. General

8.1

You agree to keep confidential (both during and after the Term) the contents of the Agreement and all information concerning the business or affairs of Publisher. This does not apply to any disclosure required by a court or regulatory body of competent jurisdiction, trivial information or information already publicly available or demonstrably in Your possession at the time of disclosure (other than as a result of breach of any confidentiality obligation).

8.2

Publisher may modify the Agreement at any time, such modifications becoming effective immediately upon either posting of the modified Agreement on the Service or notification to You. By continuing to use the Service following any such modification You will be deemed to accept such modification.

8.3

You are not allowed to transfer or attempt to transfer this Agreement in whole or in part.

8.4

Publisher will not be liable if Publisher cannot perform its obligation under this Agreement because of circumstances beyond its reasonable control such as technical failure, severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind.

8.5

No delay, neglect or forbearance on Publisher's part in enforcing any provision of these Terms and Conditions will be, or be deemed to be, a waiver or in any way prejudice any of Publisher's rights. No waiver by Publisher of any breach of the Agreement by You shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.6

If any provision of these Terms and Conditions is (for any reason), held to be unenforceable, illegal or invalid in some other way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms and Conditions, and they will continue in full force and effect.

8.7

Notices given under the Agreement may be given by Publisher to You online through the Service or in writing to the address as currently stated in Your Account details and by You to Publisher through the Help desk.

8.8

The parties do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.

9. Dispute Resolution and Jurisdiction

9.1

The parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this agreement promptly through negotiations between the respective senior executives of the parties who have authority to settle the same.

9.2

If the matter is not resolved through negotiation, the parties will attempt in good faith to resolve the dispute or claim through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Centre for Dispute Resolution.

9.3

If the matter has not been resolved by an ADR procedure within 30 days of the initiation of such procedure, (or such other period as may be agreed) or if either party will not or ceases to participate in an ADR procedure, the dispute shall be referred to the English Courts.

9.4

This Agreement is governed by, and construed in accordance with, English Law and You and Publisher submit to the non-exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to this Agreement.

Exova (UK) Ltd, trading as Exova BM TRADA, is the Timber Research and Development Association's appointed provider for its Research and Information. Exova (UK) Ltd’s registered office address: Lochend Industrial Estate, Newbridge, Midlothian, EH28 8PL. Registration number SC070429.

Registered office address: Stocking Lane, Hughenden Valley, High Wycombe, Buckinghamshire HP14 4ND.

Telephone: 01494 569600

Email:

Web: www.trada.co.uk

VAT Registration Number: 553 5266 38