This is a license agreement ("Agreement") between your academic institution, non-profit organization, company, or yourself (called "Licensee", "you", or “user” in this Agreement) as well as The University of North Carolina at Charlotte and North Carolina State University (called "Licensor" in this Agreement) for use of certain websites, databases, and software tools (called the “Software” in this Agreement) related to food composition and possible links between biochemical and biological pathway and diseases. All rights not specifically granted to you in this Agreement are reserved to Licensor.
BY USING THE SOFTWARE, YOU ACCEPT THE SOFTWARE AND AGREE TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE AND RETURN THE SOFTWARE TO LICENSOR OR DESTORY THE SOFTWARE.
GRANT OF LICENSE: Licensor hereby grants to Licensee a non-exclusive, non-transferable, non-commercial license to use the Software for internal research purposes only, without the right to sublicense, pursuant to the terms and conditions of this Agreement.
PROPRIETARY; COPYRIGHT: Licensee acknowledges that the Software is proprietary to Licensor, and as such, Licensee agrees use the Software only in accordance with the terms of this Agreement. The Software is owned by Licensor and is protected by United States copyright laws and applicable international treaties and/or conventions.
PERMITTED USES; FEEDBACK: The Software may be used for your own internal non-commercial purposes only and may not be used for commercial purposes or repackaged/resold in any format. Licensor is not obligated to implement any suggestions and/or feedback you might provide regarding the Software, but to the extent Licensor does so, you are not entitled to any compensation related thereto. Should you desire a commercial license to the Software, please contact firstname.lastname@example.org.
USES NOT PERMITTED: You may not modify the Software. You have not been granted any trademark license as part of this Agreement. You may not sell, rent, lease, sublicense, lend, time-share or transfer, in whole or in part, or provide third parties access to the Software.
ACADEMIC CITATIONS: It is expected that users will follow accepted scholarly norms for citing data and giving credit to the authors of this Software which shall be listed as XXXXXXXXXX. The desired format for links to this Software or downloaded datasets is Digital Object Identifier (DOI) https://doi.org/xx.xxx/xxx/xxx
EXTERNAL LINKS: URL links are provided to external internet sites where source data was captured and where users can access data and related tools. Licensors are not responsible for the content of these external sites and cannot guarantee that desired data will be available. Licensors do not endorse, warrant, or guarantee the products, services, or information described or offered at these external internet sites. It is the responsibility of the user to examine the copyright and licensing restrictions of linked pages and to secure all necessary permissions, as well as to verify the suitability of these external resources or data for the desired use.
ASSIGNMENT: You may not assign this Agreement or your rights hereunder without the prior written consent of Licensor. Any attempted assignment without such consent shall be null and void.
TERM: The term of the license granted by this Agreement is from Licensee's acceptance of this Agreement until terminated as provided below. The Agreement automatically terminates without notice if you fail to comply with any provision of this Agreement. Licensee may terminate this Agreement by ceasing using the Software. Upon any termination of this Agreement, Licensee must destroy any and all copies of the Software. You agree that all provisions which operate to protect the proprietary rights of Licensor shall remain in force and, as such, survive the term of the Agreement.
DISCLAIMER OF WARRANTIES: THE SOFTWARE AND THE HARDWARE ON WHICH IT IS LOADED ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR OF NON-INFRINGEMENT. LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE OR HARDWARE.
SUPPORT AND MAINTENANCE: No support, installation, or training by the Licensor is provided as part of this Agreement.
EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INDICENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS RELATED TO LICENSEE’S USE OF AND/OR INABILITY TO USE THE SOFTWARE OR THE HARDWARE ON WHICH IT IS LOADED, EVEN IF LICENSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE’S MAXIMUM LIABILITY FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING MATTERS RELATED TO THE SOFTWARE OR THE HARDWARE SHALL BE LIMITED TO THE LICENSE FEE PAID BY LICENSEE TO LICENSOR HEREUNDER.
EXPORT REGULATION: Licensee agrees to comply with any and all applicable U.S. export control laws, regulations, and/or other laws related to embargoes and sanction programs administered by the Office of Foreign Assets Control.
SEVERABILITY: If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
NO IMPLIED WAIVERS: No failure or delay by Licensor in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Licensor.
ENTIRE AGREEMENT: This Agreement constitutes the sole and entire agreement between Licensee and Licensor as to the matters set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto.