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This End User License Agreement ("EULA") describes the terms and conditions under which you may (i) install and use FoodNet. Before proceeding please read the terms of this license agreement carefully. You are licensed to use FoodNet on the condition that you accept all the terms contained in this license agreement.
By clicking on the accept button, you are confirming your acceptance of the terms of this license agreement. Such acceptance is either on your own behalf or on behalf of any corporate entity which employs you or which you represent. If you do not accept this terms, you should click on the rejections button.
Permitted Use
You may use FoodNet on any computer system controlled by you or any member of your corporate group.
Prohibited Actions
You may not:
(a) distribute FoodNet or any services or software associated with or derived from it, except as expressly permitted above in relation to FoodNet for Enterprise;
(b) sub-licence your right to use FoodNet;
(c) modify, copy, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or create derivative works from FoodNet (except to the extent such acts are permitted by law, notwithstanding a contractual prohibition); or
(d) extract significant portions of FoodNet's files for use in other applications.
If you wish to do any of these prohibited acts, please contact FoodNet by visiting www.shroni.com/contactus
Undertakings
You undertake to ensure that any third party is made aware of the terms of this License Agreement before using FoodNet
You undertake to hold all data (including object and source codes), drawings, specifications, software listings and all other information relating to FoodNet confidential and not at any time disclose the same, during this license or after its expiry or whether directly or indirectly, to any third party without our consent.
Automatic Updates
FoodNet may communicate with FoodNet's servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, FoodNet sends FoodNet server a request for the latest version information. By installing the FoodNet you agree to automatically request and receive Updates from FoodNet's servers.
Intellectual Property
You acknowledge that FoodNet or third parties own all right, title and interest in and to FoodNet, and software or content provided through or in conjunction with FoodNet, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all patent rights, copyright, trade secrets, trade and service marks, design rights, rights in or relating to databases, rights in or relating to confidential information and any other intellectual property rights throughout the world, whether registered or unregistered and including applications for any such rights.
You agree to (and agree not to allow third parties to) not remove, obscure, or alter FoodNet's or any third party's copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through FoodNet.
Feedback
If you have comments on FoodNet or ideas on how to improve it, please visit www.shroni.com/feedback. Please note that by doing so, you also grant FoodNet and third parties permission to use and incorporate your ideas or comments into FoodNet (or third party software or content) without further compensation.
Changes to Terms and Conditions
FoodNet may update these Terms and Conditions from time to time. If FoodNet updates these Terms and Conditions it will let you know by email, via the automatic updates process, by posting a message to site from which users download FoodNet or by using another method which it considers appropriate.
Disclaimer
If you are a consumer, nothing in these Terms and Conditions shall affect your statutory rights.
To the fullest extent permitted by law, FoodNet is provided "as is".
To the fullest extent permitted by law, FoodNet disclaims all implied warranties, conditions and others terms including, without limitation, those regarding the security, reliability, timeliness, and performance of FoodNet.
Limitation of Liability
Nothing in these Terms and Conditions shall exclude or limit liability for: (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees; (b) fraud or fraudulent misrepresentation; (c) breach of any implied condition as to title or quiet enjoyment; or (d) any liability which may not by law be excluded.
Subject to the first paragraph of this clause, neither party shall be liable under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), beach of contract, misrepresentation or otherwise) for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings);
(b) the cost of obtaining similar or substitute services from anyone;
(c) any loss of goodwill or reputation; or
(d) any special, indirect or consequential losses;
in each case, whether or not such losses were within the contemplation of the parties at the date of acceptance of these Terms and Conditions.
Subject to the first paragraph of this clause, FoodNet’s total liability under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), beach of contract, misrepresentation or otherwise) shall not exceed £5.
Subject to the first paragraph of this clause: (a) under no circumstances shall FoodNet be liable to any user on account of that user's misuse of FoodNet; and (b) neither party shall be liable for any matter which is outside that party’s reasonable control.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales and you and FoodNet hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions. Notwithstanding the preceding sentence, nothing in these Terms and Conditions shall restrict or limit FoodNet seeking injunctive or similar relief in any jurisdiction.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
FoodNet may assign its rights and/or obligations under these Terms and Conditions (in whole or in part), at any time, without your consent.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by FoodNet and/or a third party who makes its software and/or content available in conjunction with or through FoodNet.
Nothing in these Terms and Conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these Terms and Conditions, except that this clause shall not restrict or limit the rights of any lawful assignee under these Terms and Conditions to exercise the rights and benefits conferred on him by the assignor.
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