This EULA was last updated on 1th of July 2022.

Update 2022

LICENSEE is given access to the (semi) cloud version of CAISSON_VHM and SPUDPEN meaning that the 

LICENSEE does not need to install the version locally, nor does the LICENSEE need a HASP-key to unlock the ‘semi’ cloud version. Note: The semi-cloud version will have the SAME functionalities as the original CAISSON_VHM and SPUDPEN versions prior to 2018.

Scope Of License

CASK hereby grants the rightful acquirer – hereafter referred to as LICENSEE of CASK – a right of use for software, products and tools created by CASK.

This licence is linked to LICENSEE’s email address as an employee of a business or organisation that must be a registered customer or client CASK.

The software used to be installed at a maximum of one computer; and only an authorised user (or the authorised number of users) of this software may actually use these installation(s).

Update 2022: The software can be used and accessed online via one or more computers. The maximum users of software has now changed to maximum number of ‘floating’ seats per paying LICENSEE as the software has been ‘moved’ to the cloud and requires ONLINE access per user.

If the LICENSEE wants more authorised users or more info about ‘floating seats’ please contact CASK or go to www.casksoftware.com

Software Description

CASK proprietary software in regards to this EULA are:

CAISON_VHM: The original CAISSON_VHM is a computer program for preliminary assessments of offshore caisson foundation resistance in undrained soils during VHM load using a yield function (Kay, 2018). More info: www.casksoftware.com/caisson

SPUDPEN: task is to calculate independent Jack-up rig leg penetration behaviour during preloading according to ISO Standard 19905-1 (2016) including foundation calculation methods, e.g. squeezing for sand and clay calculations – software originally created by Steve Kay More info: www.casksoftware.com/spudpen

Intellectual Property Rights

All rights to the software, the accompanying documentation and all changes and expansions on both are and remain with CASK.

LICENSEE only obtains the rights of use and powers that result from the scope of this agreement or that are granted in writing and for the rest you may not use, reproduce or publish the software.

It’s Not Allowed To:

Make changes to the software.

Reverse engineer the source code of the software or decompile the software.

Give the software in copy to third parties.

Give the software, sub-license or make it available to third parties, throughrental, Software-as-a-Service constructions or otherwise.

Data Protection And Privacy

CASK will not sell personal or business LICENSEE data to third parties.

LICENSEE must register with CASK to use the software.

Upon registration, CASK processes personal and company information about LICENSEE; In addition your email address, an identification of your PC, server, API, data connection, related information about the use of the software is recorded for administrative, support and information purposes.

Personal data are only used to implement this agreement, licensing and related purposes such as evaluating the use and or reporting available updates.

CASK takes appropriate security measurements to protect LICENSEE data; by securing database and or making use of certified software protection protocols and tooling e.g. HASP keys.

Consult the CASK privacy statement at www.casksoftware.com/privacy for more information that you must accept when activating the software.

Updates

CASK issues updates from time to time that can correct errors or improve the operation of the software.

The software and or CASK will notify LICENSEE when new updates are available,• The software requires an active internet connection for installation of updates is done with LICENSEE permission and or consent.

No liability exists for damage resulting from errors that are fixed in an update not installed by LICENSEE.

LICENSEE is responsible for informing CASK about the latest updates and changes to their own hardware, input files and software; that may have implications and changes with CASK cloud version, links or updates.

A CASK update may impose conditions that deviate from the provisions of this agreement. This is always reported in advance and you have the opportunity to refuse the update. By installing such an update you agree to these deviating conditions, which will then form part of this agreement.

For the latest updates, check the CASK website www.casksoftware.com on a regular basis if the software has been updated.

Package

LICENSEE will receive access credentials to user manual, demo input and output files and (semi-cloud) software programme*. The GUI is minimal but will be upgraded / improved over time, but the LICENSEE still needs to create INPUT cards manually.

Licence

This EULA – End User Licence Agreement – applies to all CASK software products unless stated otherwise.

Licensee 

A LICENSEE is registered at CASK to use one or more software products that have been created by CASK. A LICENSEE can either be a company, client, user or end user that has access to the software for which has been paid for and allows access to the software based on the number of unique floating seats.

 

Licence duration

Licence duration of the SOFTWARE is 1 year from date upon payment received by CASK software, who will send login / password credentials to LICENSEE for usage per email.

 

Licence fee(s)

The licence fee for CAISSON_VHM EUR start at €1650 and for Spudpen €1850 per year per LICENSEE (single user account) – more licence fee possibilities such as team / enterprise and pricing per user licensing please visit via www.casksoftware.com/pricing 

VAT

CASK is a Dutch company and has to charge 21% VAT to customers. If customers are outside The Netherlands, customers are required to pay the VAT themselves. Therefore CASK requires the customers company TAX / VAT-ID and will mention on invoices to customers – not based in the Netherlands – that the VAT is shifted towards the responsible party who will fulfil their TAX duty.

Support & Maintenance

CASK will correct free of charge any errors found in the software and issue a new version as soon as feasible after thorough validation, testing and scenario checks.

CASK mission is to maintain the high standards of keeping the software ‘up and running’ in the cloud and push technology forwards whilst keeping it accessible for their LICENSEEs and end users in general.

Technical support and non-routine maintenance and will be either for an agreed Lump Sum, or at CASK hourly rate, currently EUR 120 per hour. Routine program and documentation improvements normally only occur at the time of licence renewal.

Support

CASK offers LICENSEE (paid) premium support and custom feature request via www.casksoftware.com at the above mentioned hour rate of EUR 120.

CASK will provide a reasonable level of support for the functioning of the software via the website or by email.

CASK does not guarantee any result that all problems or requests submitted by you can be taken into consideration.

CASK offers via its website www.casksoftware.com a FAQ –Frequently AskedQuestion section – where LICENSEEs of CASK products are supported and advised on the use of the software.

CASK does not provide any assistance with the use of the software, except in the event of a breach of a guarantee given below, except for the rectification of errors reported by you. 

CASK does provide support by providing online manuals, how-to’s, and scenario’s for you to access if you are a LICENSEE. For more information www.casksoftware.com/support

Confidentiality and Publicity

All rights reserved by CASK regarding CAISSON_VHM and SPUDPEN and the works in general including extensive documentation. 

LICENSEE will respect the confidentiality of any documentation and source code, as stated on the covering letter page of the CAISSON_VHM User’s Manual (ref. SKA/MAN/003). 

Any reverse engineering, copying, altering source code by LICENSEE of the computer programme will result in immediately due and payable fine of EUR 150.000 to CASK.

Other Provisions

In the event of a breach by the LICENSEE, direct or indirect contacts by your company, employee, your clients or related contacts of your company, a one-time immediately due and payable fine of 150,000 euro fine and 5,000 euro fine per consecutive day of activity will apply.

Dutch law applies to this end users agreement. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of this agreement shall be submitted to the competent Dutch court for the district in which CASK is established.

If it turns out that LICENSEE turns out to be invalid if any provision of this agreement, this does not affect the validity of the entire agreement. The parties will in that case replace (a) new provision (s) to replace, with which as far as legally possible to the intention of the original agreement is given shape

Copyright

Copyright of CAISSON_VHM and SPUDPEN and any other software created by CASK is vested in CASK Software. 

Any LICENSEE communication referring to the above programs, or any results produced from it, should include a statement that “the original program has been developed by S. Kay Consultant and maintained by CASK Software”. 

Copyright CASK Software, The Netherlands; Original Software Developed By Steve Kay – For more information: Users Manual & FAQ go to: www.casksoftware.com

Guarantee And Liability Disclaimer

CASK guarantees that the carrier on which the software is delivered functions for 30 days after receipt in accordance with the expectations (and will replace it free of charge if this guarantee is not met); that CASK operates substantially as described in the documentation; that CASK does not contain viruses, malicious routines;

The technical results of the software have been carefully checked by CASK. However, CASK can not guarantee that this software works flawlessly with third parties and or LICENSEE own software or hardware.

CASK does not violate any third-party rights (such as copyrights), which exclude violations as a result of a specific use of the software; endeavour to investigate and repair reported defects to the software as soon as possible orto issue a workaround for this (CASK may postpone the recovery of errors with limited impact until the next scheduled update); but for the rest nothing.

In the event of intent or gross negligence or failure to comply with a guarantee granted above, CASK will not be liable to you for any reason whatsoever in connection with CASK.

No liability exists if the damage is not reported to CASK within a reasonable time after discovery and or in previous product versions. Furthermore, no liability exists if the damage is the result of force majeure.

CASK accepts no liability for the consequences of errors and imperfections in the results of calculations with the software.

Duration

This agreement comes into effect when the software is put into use and will remain in force for one year; Unless no later than one month before the end of this period the licence is cancelled, it is extended by one year each time. The Agreement will end by operation of law if you have terminated your employment as an employee of an organisation that is a beneficiary of CASK.

If LICENSEE stops the usage of CASK software it must delete all copies (including backup copies) of their systems.

Disclaimer

1. Kay has verified the program as comprehensively as possible, including comparisons with a variety of third party benchmark solutions. It is considered that, within the limitations of the model, results obtained with the program are correct. However, no liability is accepted for eventual errors discovered. 

In addition, no guarantee is offered or implied that the program will provide accurate results to a given problem, nor should such a guarantee be inferred from anything presented in the supporting documentation. 

Finally, CASK accepts no liability for application of the results from the program to a particular engineering problem. Dutch law is applicable to this agreement.

CASK Software                                                                           

(trade name of Wireheads) 

Gasthuisstraat 6
3958 BL Amerongen
The Netherlands 

CoC: 69110999

VAT: NL145146546B02

Bank: NL96 ABNA 0578 9689 40