Licensing

Licensing

The terms of selectable licences are available on request. They are established between an authoring company (licensor) on the one hand and a distributor or reseller (licensee) on the other.

The license selected by the author (licensor) controls the visibility of information in the system. There can be multiple licensed relationships between companies.

Relationships

There is a base licence and four relationship type licences available which control sharing of SDSs and data.

  • base licence (pre-requisite for all other licensing - see wording details below)
  • shares SDSs at no charge with
  • shares SDSs for a fee with
  • shares substance data at no charge with
  • shares substance data for a fee with

The base licence defines the relationship between a company and SharedSDS. It licenses a company to use the software at no charge internally and between any subsidiaries requiring unrestricted access to company data.

If a company prefers to keep some or all data private from a particular subsidiary, it would become a separate user and appropriate licensing would deliver required visibility for company SDSs and perhaps some divisional data.

Sharing SDSs

Sharing SDS relationships are established by a company (licensor) with a distributor or reseller (licensee). In setting this up the no charge or for a fee version of the license is selected. Both permit the licensee to apply a logo and contact details to a shared SDS. The authoring company may restrict the sharing to one or more divisions or leave it unrestricted across all divisions of the company.

NB: SDS sharing relationships do not provide any access to the underlying data.

Sharing data

Data can be shared visibly or invisibly.

Visible data, just like sharing SDSs, is licensed (no charge or for a fee) by individual substance or by entire division or the entire company. Visible shared data is always read-only for the licensee. Only the authoring company (licensor) ever has read-write access.

Individual substance/mixture shared data always attracts the fee. The Base License covers this.

Any individual substance may be tagged by its owner as available invisibly (or visibly) as an ingredient in mixtures constructed by others. Formulators only see the substance name of invisibly shared data. Even when shared visibly, all data is only visible to the licensee. It is not available for the general public.

Typically, formulators create mixtures with ingredients from one or more suppliers. SharedSDS classifies the mixture according to the supplier's own data and formulator proportions. 

 

Base Licence

The Base Licence applies to all companies using SharedSDS wherever they are in the supply and/or distribution chain.

Any company may simultaneously originate its own pure products or substances and/or mixtures; manufacture products for a client; resell another company's supplied product; formulate mixtures using data shared by others; or use chemical products in its own workplaces and therefore be an end-user of SDSs for OH&S purposes. This Base Licence covers all these aspects.

 

All shared SDS and shared data fees mentioned in this Licence are split equally

1.     Company and SharedSDS agree that fees will be collected by SharedSDS in respect of Company's SDSs and/or substance data and will be split equally between Company and SharedSDS and Company's share will be remitted after receipt of the fee by SharedSDS

 

Company licensing SDS content to third party (distributor) at a fee

2.    If Company establishes a licensed relationship ("Shares SDS for a fee with") with a third party then Company agrees an annual fee is payable by that third party to SharedSDS per SDS shared with that third party.

 

Company licensing shared data to third party (formulator) at a fee

3.    If Company establishes a licensed relationship ("Shares substance data for a fee with") with a third party then Company agrees an annual fee is payable by that third party to SharedSDS per substance for substance data shared with that third party.

 

Company sharing individual substance data 

4.    Company agrees that SharedSDS shall collect from third party Base Licensees an annual fee per substance for those substances flagged by Company as "Open data" (visible) or "Ingredient data" (invisible) and which are included in third party mixtures and that fee will apply once per substance per third party formulator no matter how many mixtures include a particular ingredient.

 

Non-withdrawal of individually shared substance data

5.    Company agrees that once a third party Licensee has incorporated as an ingredient one of Company's substances then the sharing status of that substance may be locked by SharedSDS to prevent withdrawal of essential substance data from third party Licensee formulation SDSs.

 

Company licensing SDS content or shared data at no charge

6.    Company and SharedSDS agree no annual fee is payable by the Licensee to SharedSDS per SDS shared with a third party named as Licensee in a "Shares SDS at no charge with" licenced relationship.

7.    Company and SharedSDS agree no annual fee is payable by the Licensee to SharedSDS per substance data shared with a third party named as Licensee in a "Shares substance data at no charge with" licenced relationship.

 

Company licensing third party shared substance data for its own formulations

8.    Company agrees that substance data licensed from third party Licensors at no charge or for a fee and which data is visible shall not be revealed in any way to any other parties.

 

Company as Licensee for third party SDS content or substance data

9.    Company agrees to pay SharedSDS an annual fee for each SDS it licenses on a fee basis from a third party.

10.   Company agrees to pay SharedSDS an annual fee for each shared substance data it licenses on a fee basis from a third party or uses as an ingredient in its own mixtures when a third party has flagged that substance as "Open data" or "Ingredient data".

 

Qualified and competent

11.   Company asserts that if it acquires, derives, measures or reviews substance data or if it creates or reviews SDSs within SharedSDS systems it will only engage personnel who are qualified and competent to do those things.

 

Peer review

12.   Company agrees to consider and keep under consideration until it becomes Company policy to undertake independent peer review of its SDSs and substance data.

 

SDS target audience

13.   Company agrees to review its SDSs in the context of a target audience of reasonably competent workplace managers.

 

Responsibility for accuracy

14.   Company agrees that it is solely responsible for substance data accuracy, the accuracy of any other data upon which it relies and the correctness of hazard classifications shown on SDSs despite SharedSDS software proposing such hazard classifications and despite various jurisdictions having different regulatory requirements and practices.

15.   Company agrees to immediately review the accuracy of its data or classification when a question is raised by SharedSDS or any other party and to acknowledge receipt of the question within seven days and which acknowledgement indicates when a definitive response may be expected.

 

Third party quality assurance

16.   Company agrees to immediately notify SharedSDS in writing (via email) if it becomes aware of data inaccuracies discovered within SharedSDS whether or not such data belongs to the Company.

 

SharedSDS quality assurance

17.   Company agrees to immediately notify SharedSDS in writing (via email) if it becomes aware of shortcomings in software generated proposed hazard classifications including failure to account for differing regulatory requirements in various jurisdictions.

 

Jurisdictional differences should be visible

18.   Company agrees that differences between GHS classifications and various jurisdictional classifications shall be revealed on the SDS for the information of the reader.

 

SharedSDS services provided to third parties

19.   Company agrees that its SDSs are freely available for registered workplace consumers and anonymous searchers alike without fee.

20.   Company agrees that SharedSDS may provide search facilities which returns SDSs to anonymous searchers restricted to a maximum of ten SDSs per search and possibly none of which may be Company's SDSs depending on search parameters chosen by the searcher.

 

OH&S management fees excluded

21.   Company agrees that SharedSDS may provide management services to registered (workplace) consumers who require OH&S information management and other services related to Company's products in the workplace and fees for such services being unrelated to sharing SDS content are therefore fees specifically excluded from this licence.

 

Emergency services

22.   Company agrees that SharedSDS may authorise an "Emergency service" licence on behalf of Company with an emergency service organisation to freely search for SDS and/or substance data and which licence will constrain the Emergency Service Licensee to maintain confidentiality subject to liquidated damages in favour of Company and SharedSDS in respect of substance data.

Note: This reference to liquidated damages recognises potential loss of confidentiality on the part of Company and potential loss of confidence in SharedSDS by the wider market.