IMPORTANT INFORMATION: |
SUBSCRIPTION LICENCE AGREEMENT BETWEEN USER AND
INTERNATIONAL FOOD INFORMATION SERVICE (IFIS PUBLISHING)
THIS WEB SITE IS OFFERED TO THE USER AND IFIS PUBLISHING IS WILLING TO LICENSE THE DATABASE INFORMATION AVAILABLE ON THIS WEB SITE ONLY ON THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT WITHOUT MODIFICATION. PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING AND USING THIS WEB SITE, THE USER IS DEEMED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THE USER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT THEN THE USER IS NOT AUTHORISED TO USE THIS WEB SITE AND IS NOT LICENSED TO USE THE DATABASE INFORMATION AVAILABLE ON THIS WEB SITE. IN SUCH CASE THE USER SHOULD EXIT FROM THIS SITE.
1. THE PARTIES
"User" means the person and/or organisation who has subscribed to the Database.
"IFIS Publishing" means International Food Information Service (IFIS Publishing) of Lane End House, Shinfield, Reading RG2 9BB, UK
2. USER LICENCE
This Agreement constitutes a licence to the User to use the following:
(b) all printout, downloaded records and exported data files produced (collectively the "Output").
The Database and the Output are the property of IFIS Publishing and are protected by copyright laws and by international treaties.
3. LICENCE
(b) make a limited and reasonable number of hard copies of any search output from the Database which copies may be used by the User only for internal purposes and may not be transferred, distributed or sold to any third party;
(c) use the exported data files produced via the Database directly, but only by the User for internal research purposes and not for sale or gift to any third party.
3.2 Provided the User has paid the appropriate subscription fee for multiple users, the User may allow up to three other simultaneous users who work at the same location as the User or who are members of the User’s household to use this web site under the User’s name and account, provided that such other users agree to be bound by and abide by the terms of this Agreement. The User remains responsible for all aspects of their usage.
4. RESTRICTIONS
General Restrictions Applicable to all Users
(b) make the Database or Output available on a network or through remote access technology;
(c) combine the Database and/or the Output with other information to create a consolidated file to be offered on-line or in any other media to third parties;
(d) transfer, assign or sublicense this Agreement.
5. TERM
The term of this Agreement shall be the period for which the User has paid the initial subscription fee. Thereafter, the term will be extended to cover the periods for which the User has paid the then current renewal fee. In the event that IFIS Publishing supplies the User with an updated version of this Agreement, subject to the User's right to cancel a subscription, the updated version shall replace this version. IFIS Publishing reserves the right to cease offering the User the opportunity to renew the subscription. If IFIS Publishing receives a written request from the User to cancel a subscription within 30 days of receipt of an updated version of the Agreement or the renewal invoice date for a subscription, IFIS Publishing agrees to credit the User for the amount which IFIS Publishing invoiced the User for such subscription and will cancel the User’s password access to this web site. After the above 30-day period, IFIS Publishing shall consider such requests in its discretion.
6. UPDATES
The User will receive access to weekly/monthly updates to the Database for which the appropriate fee has been paid. The Database will continue to comprise data for the latest 12 months and for each new monthly update added to the Database, the oldest month will be deleted from the Database available via this web site.
7. LIMITATION OF WARRANTIES AND LIABILITY
7.2 IF THE DATABASE INCLUDES ABSTRACTS, THESE WERE DEVELOPED TO ASSIST USERS IN FINDING APPROPRIATE SCIENTIFIC OR PROFESSIONAL LITERATURE AND USERS SHOULD CONSULT THE FULL TEXT MATERIALS BEFORE REACHING OR SUGGESTING CONCLUSIONS BASED ON THE CONTENTS OF THE DATABASE. IFIS PUBLISHING USES ALL REASONABLE EFFORTS TO ENSURE THAT THE DATABASE CONTAINS AN ACCURATE REPRESENTATION OR INTERPRETATION OF THE ORIGINAL MATERIALS FROM WHICH THE DATABASE WAS COMPILED. THE PRESENCE IN OR ABSENCE FROM THE DATABASE OF ANY REFERENCE TO INFORMATION, DATA, EVENTS, RESEARCH OR DEVELOPMENTS DOES NOT IMPLY THE SPECIFIC EXISTENCE OR THE NON-EXISTENCE THEREOF, NOR DOES IFIS PUBLISHING CLAIM COMPREHENSIVENESS OR THE ABSENCE OF ERRORS.
IFIS PUBLISHING MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
7.3 THESE WARRANTIES ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH IFIS PUBLISHING EXCLUDE AND DISCLAIM.
7.4 IN VIEW OF THE ABOVE, ALL LIABILITY IS DISCLAIMED FOR THE ACCURACY, COMPLETENESS OR FUNCTIONING OF THE DATABASE. IFIS PUBLISHING ASSUMES NO RESPONSIBILITY FOR THE CUSTOMER'S USE THEREOF AND IFIS PUBLISHING SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES AS A RESULT OF SUCH USE, EVEN IF MADE EXPRESSLY AWARE OF THE POSSIBILITY THEREOF.
7.5 SAVE IN RESPECT OF DEATH OR PERSONAL INJURY, LIABILITY FOR WHICH CANNOT BE EXCLUDED OR LIMITED, IFIS PUBLISHING SHALL NOT IN ANY OTHER CIRCUMSTANCES BE LIABLE FOR MORE THAN $1,000 (WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF THIS AGREEMENT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY).
7.6 Some jurisdictions do not allow the exclusion or limitation of certain implied warranties or liability for incidental or consequential damages, so the above exclusion or limitation may not apply to each User and does not exclude any implied warranties or conditions which may not under applicable law be excluded. This limited warranty gives you specific legal rights and is in addition to any other legal rights you may have, which vary from one jurisdiction to another.
THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
8. THE SERVICE
(b) any fault or underperformance in the User’s modem, ISDN line, fixed leased line or equivalent.
(c) any underperformance due to high demand from other users.
8.2 From time to time IFIS Publishing and/or its service providers will need to modify the service available on this web site and/or carry out maintenance on its equipment and systems, and shall use its reasonable endeavours to ensure that minimum disruption to the service is caused.
9. LINKS TO THIRD PARTIES’ WEB SITES
This web site may contain links and pointers to internet sites maintained by third parties. IFIS Publishing does not operate or control in any respect any information, products or services on such third party sites. Third party links and pointers are included solely for the convenience of Users, and do not constitute any endorsement by IFIS Publishing of the contents of such third party sites. The User assumes sole responsibility for use of third party links and pointers.
10. INDEMNIFICATION
Excluding claims arising out of or relating to the violation by IFIS Publishing of any third party copyright, trade secrets, or trade mark, the User agrees to indemnify IFIS Publishing and hold it harmless from and against any and all claims of third parties arising out of or related to the User's use of this web site and the licensed materials regardless of whether such claims were foreseeable by IFIS Publishing.
11. TERMINATION
If the User breaches any term of this Agreement, IFIS Publishing may, in addition to its other legal rights and remedies, terminate the licence granted hereunder with immediate effect by denying access to this web site. Any termination, whether or not pursuant to this clause 10, will not affect any obligation or liability of a party arising prior to termination, and the provisions of clause 7 and 10 hereof will survive any termination.
12. FORCE MAJEURE
IFIS Publishing will not be responsible for any delay or failure in performance resulting from any cause beyond its reasonable control.
13. APPLICABLE LAW
This Agreement will be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
14. ENTIRE UNDERSTANDING
This Agreement constitutes the entire agreement between the User and IFIS Publishing with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and IFIS Publishing with respect to this web site. Nothing in this Agreement shall relieve IFIS Publishing of any liability for any fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or any innocent misrepresentation except to the extent, if any, that a court or arbitrator may allow reliance on the same as being fair and reasonable. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. ENFORCEABILITY BY IFIS PUBLISHING
IFIS Publishing retains its rights to enforce its trade marks, copyrights, patents, trade secrets and other rights against any violation thereof.
16. SEVERABILITY
If any term or provision of this Agreement shall be held to be illegal or unenforceable in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form a part of this Agreement, but the validity and enforceability of the remainder of this Agreement shall not be affected.
17. SERVICE CONTACT
Email FSAADMIN@IFIS.ORG with questions or problems with this web site.