Effective Date: November 10, 2014
1. Scope of License
1.2 Under the License, the Licensee may:
(a) download, install, register and use the Service for the Licensee's business purposes on any compatible device owned or controlled by the Licensee; and
(b) receive and use any updates to the Service as may be provided by the Licensor from time to time.
1.3 The Licensor reserves the right to change, suspend, remove or disable access to the Service at any time without notice. In no event shall the Licensor be liable for the removal or disabling of, or for imposing limits on, access to or use of the Service. The fourth paragraph of Section 8 shall apply to the refund of license fees where these apply.
2. Consent to processing of data
(a) copy the Service except where such copying is incidental to normal use of the Service;
(b) rent, lease, lend, sell, redistribute or sublicense the Service;
(c) make alterations to, modifications of or derivative works based on the whole or any part of the Service, not permit the Service or any part of it to be combined with or become incorporated in any other service or program.
(d) disassemble, decompile, reverse engineer the whole or any part of the Service, not attempt to do any such thing except to the extent that such actions cannot be prohibited under applicable law;
(e) provide or otherwise make available the Service, in whole or in part, in any form to any person for commercial purposes;
(f) use the Service for any illegal activities, such as infringing or violating the rights of any other party; and
(g) exploit the Service in any unauthorised way whatsoever.
4. Intellectual Property Rights
4.1 The Licensee acknowledges that:
(a) all intellectual property rights in the Service belong to the Licensor;
(b) rights in the Service are licensed, not sold, to the Licensee;
(c) the Licensee has no rights in or to the Service other than the License; and
(d) the Licensee has no right to have access to the Service in source code form.
4.2 In the event of any third party claim that the Service or the Licensee's possession and use of the Service infringes that third party's intellectual property rights, the Licensor shall be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
5. No warranty
The Licensee expressly acknowledges and agrees that use of the Service is at the Licensee's sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with the Licensee. To the maximum extent permitted by applicable law, the Services are provided 'as is' and 'as available', with all faults and without warranty of any kind, and the Licensor hereby disclaims all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/ or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Licensor does not warrant against interference with the Licensee's enjoyment of the Service, that the functions contained in, or services performed or provided by, the Service will meet the requirements of the Licensee, that the operation of the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. No oral or written information or recommendations given by the Licensor or its authorised representative shall create a warranty. Should the Service prove defective, the Licensee assumes the entire cost of all necessary servicing, repair or correction.
6. Limitation of liability
6.1 The Licensee acknowledges that the Service has not been developed to meet the individual requirements of the Licensee, and that it is therefore the Licensee's responsibility to ensure that the facilities and functions of the Service meet the requirements of the Licensee.
6.2 The Licensor is not in any way responsible for the use made by the Licensee of the Service. The Licensee understands that certain risks are inherent in the identification of food allergens, and the Licensee assumes sole responsibility for any data entry or amendments made to existing data held against the Licensee’s account, relating to food allergens.
6.3 To the extent not prohibited by law, in no event shall the Licensor be liable for personal injury, or any incidental, special, indirect, consequential or punitive damages whatsoever, including, without limitation:
(a) loss of profit.
(b) loss of business,
(c) business interruption,
(d) loss of business opportunity,
(e) loss of data or
(f) any other commercial damages or losses
arising out of or related to the Licensee's use or inability to use the Service, however caused, whether in contract, tort or otherwise and even if the Licensor has been advised of the possibility of such damages.
6.4 In no event shall the Licensor's total liability to the Licensee for all damages exceed the amount of fifty euros (50.00).
6.5 The Licensor is responsible for addressing any claims of the Licensee or any third party relating to the Service or the Licensee's possession and/ or use of the Service, including, but not limited to: (a) product liability claims, (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement and (c) claims arising under consumer protection or similar legislation.
7. Conditions precedent
7.1 The Licensee represents and warrants that he or she:
(a) is legally competent;
(c) is not located in a country that is subject to a UK. Government embargo or that has been designated by the UK. Government as a 'terrorist supporting' country; and
(d) is not listed on any UK. Government list of prohibited or restricted parties.
8.2 If any license fees have been paid by the Licensee for use of the Service, termination shall take effect 30 days after the notice of termination was sent to the other party in writing. Otherwise the termination shall take effect immediately.
8.3 Upon termination of the License, the Licensee shall cease all use of the Service and destroy all copies, full or partial, of the Service in the Licensee's possession.
8.4 If any license fees have been paid by the Licensee for use of the Service and the License is terminated by the Licensor, the Licensor shall recompense the Licensee pro rata for his or her loss.
9. Other terms
vitalCustomer provides through its service the provision to store food/ menu lists with the associated food allergen profile of the food item. Vitalfootprint Ltd through its provision of the vitalCustomer service takes no responsibility or liability for the allergen profile content captured, stored and maintained in the vitalCustomer system. It is the responsibility of the Licensee to ensure the accuracy of the allergen data held.
12. Developer name and address
The Licensor is solely responsible for the Service and its content. Any questions, complaints or claims with respect to the Service should be directed to:
207 Regent Street