FoodWorks License Agreement

By using FoodWorks you agree to the terms and condition of this agreement. Please read it carefully.

AGREEMENT  

This License Agreement is a legally binding agreement between you and Xyris Software (Australia) Pty Ltd, concerning the use of the software application, FoodWorks.

BY DOWNLOADING, INSTALLING, COPYING OR USING FOODWORKS YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THEM, DO NOT USE FOODWORKS.

If you do not accept the terms and conditions and have already purchased FoodWorks, please contact Xyris. If you have installed FoodWorks, uninstall it.

TERMS AND DEFINITIONS

'Xyris' refers to Xyris Software (Australia) Pty Ltd

'FoodWorks' refers to any edition or version of the FoodWorks software (Professional, Nutrition Labelling and Premium), and includes the software and its associated data, documentation and information, or any part of these.

'Licensee' refers to you (either an individual or single entity), the user of FoodWorks.

GRANT OF LICENSE

Xyris grants to the Licensee a non-transferable and non-exclusive license to use FoodWorks according to the terms and conditions of this agreement.

OWNERSHIP

Xyris retains title and ownership of all components of FoodWorks including all downloaded electronic files and the software, data, documentation and information recorded therein, as well as all subsequent copies. This license is not a sale or free copy of the original software or any copy thereof.

EXTENT OF USE

Single user license  – Providing only one person uses FoodWorks, either as a sole practitioner or working within an organisation, FoodWorks may be installed on a desktop and a laptop computer. Where the sole user works at two locations, and is the only user at both locations, FoodWorks may be installed on two desktop machines.

Multiple licenses –  The licensee is granted permission to install FoodWorks on a single computer and on one additional computer for each additional license purchased. Where FoodWorks is installed as an application running in a terminal server environment  the number of concurrent users must be set to the number of licenses held.

USES DISALLOWED

FoodWorks may not be used by the licensee for any other purpose than those for which it was intended and may not be loaned or supplied to any other party for any purpose, without the prior written permission of Xyris. The licensee may not reverse engineer, de-compile, modify, adapt, translate or disassemble FoodWorks, or produce derivative programs or data based on FoodWorks, without the prior written permission of Xyris.

TRANSFER OF LICENSE

FoodWorks is licensed only to the Licensee. The license may not be sold, leased, rented, transferred, or in any way extended to another party without the prior written permission of Xyris.

UPDATES

Updates of FoodWorks are subject to the terms and conditions of the license included with the update. Where such a license is not included, the terms and conditions of this license agreement shall apply.

FOODWORKS DISCLAIMER

YOU KNOWINGLY AND FREELY ASSUME ALL RISK AND RESPONSIBILITY WHEN YOU USE FOODWORKS AND WHEN YOU MAKE USE OF ANY DATA, INFORMATION OR RESULTS OBTAINED FROM FOODWORKS. WE MAKE NO WARRANTIES OR GUARANTEES.

The use of FoodWorks is subject to the usual uncertainties associated with software and the application of scientific and technical knowledge. FoodWorks is not a substitute for professional advice, expertise, knowledge or training.

In particular, note that any data, information or results obtained from FoodWorks should not be construed or interpreted as medical advice or opinion.

While every care has been taken to make FoodWorks as useful as possible, Xyris does not guarantee or warrant the accuracy, completeness, or appropriacy or usefulness for any given purpose, of its data, information or generated results.

Xyris recommends you exercise skill and care when using FoodWorks. You should carefully review the accuracy and completeness of any data, information or generated results obtained using FoodWorks. Before relying on them in any important matter, you should carefully evaluate their accuracy, completeness and relevance for your purposes, and you should obtain appropriate expert advice relevant to your particular circumstances.

Xyris makes no warranty that results generated by FoodWorks will ensure compliance with the relevant requirements of the Australia New Zealand Food Standards Code or with the guidelines published in the Nutrient Reference Values for Australia and New Zealand, Australian Government, Department of Health and Ageing, NHMRC, 2005. 

With regards to the nutritional data, FoodWorks contains data that Xyris considers to have a good standard of reliability given the inherent difficulties in deriving such data, however, the data's quality, accuracy and completeness is not guaranteed. The data used in FoodWorks could contain technical inaccuracies and typographical errors. The use of data from third parties is not a warranty of the quality or accuracy of that data or an endorsement or guarantee of the data.

By agreeing to the terms and conditions set out here, you acknowledge that in no event shall Xyris be liable for any incidental or consequential damages resulting from the use of FoodWorks.

LIABILITY

Under no circumstances will Xyris be liable for any for loss, damage, cost, loss of profit, expense, injury and/or other consequential damage, however caused, resulting from the use of or loss of use, or reliance upon FoodWorks and/or data obtained by using FoodWorks. Xyris will not be liable for any advice provided on the basis of results obtained from FoodWorks whether in action of contract, negligence, or other action.

We make no warranty whatsoever for the usability, reliability, efficacy, or virus-free status of FoodWorks. All data and software for use with FoodWorks are downloaded, installed, and used solely at the Licensee's own risk. The Licensee accepts all risks and responsibility resulting directly or indirectly from the use of FoodWorks and any data obtained from it.

In jurisdictions that do not allow these exclusions or limitations, or if any of the above limitations are held to be unenforceable, Xyris's total liability shall not exceed the total amount paid for the FoodWorks license.

CHANGES TO FOODWORKS

The software, data, documentation and information contained in FoodWorks are updated and changed periodically, and although Xyris will endeavor to advise licensees of such changes Xyris reserves the right to make such changes without notice or advice.

CONSENT TO RECEIVE EMAILS FROM XYRIS REGARDING FOODWORKS

By downloading and/or using FoodWorks you consent to receive periodic email communications regarding its services, new product offers, promotions and other matters. 

TERMINATION

Xyris may terminate the FoodWorks license immediately if the user breaches this license.

FOODWORKS INTELLECTUAL PROPERTY AND COPYRIGHT

FoodWorks is subject to copyright. The Licensee is authorised to make copies of FoodWorks only in accordance with the terms and conditions of this agreement. Copying FoodWorks or any part of it for any other purpose is expressly forbidden. Subject to the above restrictions, the licensee may make one copy of FoodWorks solely for backup purposes.

FoodWorks is subject to copyright. You acknowledge and agree that FoodWorks and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with it are, and shall remain, the property of Xyris.

Furthermore, you acknowledge and agree that the source and object code of FoodWorks and the format, directories, queries, algorithms, structure, and food analyses are the intellectual property and proprietary and confidential information of Xyris.

The FoodWorks logo and Xyris logo are all trademarks or registered trademarks of Xyris.

DATABASE LICENSES AND COPYRIGHT

Nutritional data and information included in FoodWorks may not be extracted, reproduced, duplicated, copied, modified, sold, resold, distributed, visited or otherwise exploited for any commercial purpose without the express consent of Xyris or the respective copyright holder.

FoodWorks contains food composition data that is proprietary to Xyris. This data is subject to copyright and all rights are reserved.

FoodWorks also contains food composition data that is proprietary to third parties. This data is also subject to copyright.

NUTTAB, AUSNUT 1999-2013:

Copyright © Food Standards Australia New Zealand (FSANZ)

New Zealand FOODfiles 2014:

Copyright © The New Zealand Institute for Plant & Food Research Limited and the Ministry of Health (New Zealand), 2015

USDA National Nutrient Database SR27:

US Department of Agriculture, Agricultural Research Service, Nutrient Data Laboratory. USDA National Nutrient Database for Standard Reference, Release 27 (slightly revised). Version Current: May 2015. Internet: http://www.ars.usda.gov/ba/bhnrc/ndl

Fatty Acid Compositional Database:

Copyright © RMIT Lipid Research Group 2001

This database is copyright to the RMIT Lipid Research Group and is intended for free use by nutrition researchers and dietitians. It may not be reproduced or used for any other purpose without permission. This database is derived from other sources of data which remain the copyright property of the organisations or individuals.

FoodWorks also contains data that is proprietary and copyright to:

Nutricia, Aspen Nutritionals, Nestle, Abbott Australasia, Novartis Australia

SUPPORT

Technical Support is available to holders of a current Maintenance and Support Plan by telephone, email, or through the FoodWorks support site.

PRIVACY

We are committed to protecting the privacy and security of your information. You should review the Privacy Policy, which is incorporated into this Agreement by this reference.

CONTACT INFORMATION

If you would like to discuss the terms and conditions please contact us as shown below:

Email: geoffrey@xyris.com.au

Telephone: +61 7 3223 5300

Xyris Software (Australia) Pty Ltd

www.xyris.com.au

Last updated: 2 February 2016

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