Important notice: please read this licence agreement (“Licence”) carefully before accessing or using:
- the Nutritools software, food questionnaire creator, databases
- the dietary assessment tools contained in the Tool Library
1. FORMATION OF CONTRACT AND CHANGES
- This Licence is a contract between the user registering to use Nutritools (“You”) and University of Leeds ("Us", "We", or "Our") regarding Your use of Nutritools. In the absence of any other written agreement with us regarding Nutritools, then Your use of Nutritools is governed by this Licence. From time to time, We may in Our sole discretion alter, update or amend this Licence to take account of legal issues, technical developments relating to Nutritools and other related matters and we will give you reasonable notice in writing of any such change. Your continued use of Nutritools following such notice will be deemed between You and Us to indicate your agreement to be bound by such updated Licence from that point. If you do not wish to be bound by any such updated version of this Licence, you may notify us in writing and the Licence will terminate 7 days after your notification.
2. SCOPE OF LICENCE
By agreeing to this Licence, We hereby grant You a limited, worldwide, non-assignable, non-sublicensable, non-exclusive licence to use Nutritools.
Nutritools is available to the researcher and study participants only by accessing it through the website:
https://www.nutritools.org (“the Website”).
You may use Nutritools for non-commercial research purposes only in connection with the project (“Project”).
With regard to the Food Questionnaire Creator, the Project is as defined by You in the ‘project study description’ section.
With regard to accessing tools and/or their documentation in the Tool Library, the Project purpose is not specified by You, but it must be for the purposes of non-commercial research.
- For commercial applications, a commercial licence is required, in the first instance please email firstname.lastname@example.org
3. REGISTRATION AND ACCESS
- On completion of the registration form, you will be granted access to the system. Your email address will be your user id and you will need to create a password.
- You undertake to Us to keep access credentials safe and secure and treat them as confidential and not to divulge them to any other person or body.
4. PERMITTED USE
- You are entitled to extract and re-utilise, for research purposes only, any insubstantial parts of the database elements or the software of Nutritools. The systematic extraction and/or re-utilisation of substantial parts of the database that conflicts with normal research use of Nutritools and causes prejudice to Our legitimate interests is not authorised. You are not entitled to reproduce, distribute, modify, supplement or split the contents or structure of Nutritools. You are not entitled to rearrange Nutritools or to set up derived databases or websites.
Nutritools contains public sector information licensed under the Open Government Licence v1.0:
- McCance and Widdowson’s The Composition of Foods Integrated Dataset 2015
- National Diet and Nutrition Survey Years 1-6, 2008/09-2013/14: NatCen Social Research, MRC Elsie Widdowson Laboratory, University College London. Medical School. (2017). National Diet and Nutrition Survey Years 1-6, 2008/09-2013/14. [data collection]. 8th Edition. UK Data Service. SN: 6533, http://doi.org/10.5255/UKDA-SN-6533-7
- Copyright information about each database can be found alongside the database on the Nutritools Website. You agree to be responsible for Your own use of Nutritools and its databases and agree to indemnify Us against all and any losses, liabilities, costs and expenses which We may sustain which are occasioned by Your use of Nutritools.
- If you upload a food database on to Nutritools then you must have permission from the database owner to do so.
- You will adhere to the terms and conditions of use of Dietary Assessment Tools as specified by the tool owner.
- Neither the University of Leeds nor the tool owner assume any responsibility whatsoever for the tool’s use by other parties, and make no guarantees, expressed or implied, about its quality, reliability or any other characteristic
5. LICENCE TO USE Nutritools AND FEES
- We retain ownership of Nutritools and grant You for the purposes of the Project a licence to use Nutritools. You may use Nutritools only by accessing Our Website. You may not copy any part of the software comprised in Nutritools. You agree that You will complete the registration process providing Us with accurate information. You may not use Nutritools until You complete the relevant registration process. We reserve all rights not expressly granted to You in this Licence.
- We reserve the right to perform an audit (either remotely or at Your offices on reasonable notice) of the records and systems of Your business in order to verify that Your use of Nutritools conforms with a valid Licence granted by Us. If any such audit reveals that Your use does not conform to a valid Licence, You undertake to immediately obtain a valid Licence for Nutritools.
- The licence is currently free, but we reserve the right to charge for access to Nutritools in the future.
- A material breach of the terms of this Licence shall entitle Us, in addition to any other legal remedies available to Us, to terminate this Licence immediately, remove or suspend Your access to Nutritools and to claim damages.
- We reserve the right to remove projects and questionnaires created in the Food Questionnaire Creator.
6. USING Nutritools
- Nutritools may include product activation and other alternative technology designed to prevent unauthorised use and copying of it. You may not sell, rent, lease, resell, or loan Nutritools to any third party without further written authority from Us.
- You are not permitted to reverse-engineer, decompile or disassemble Nutritools in any way.
- You are legally responsible for the content or results ("Results") that You cause to be created using Nutritools. You agree that, in connection with Your use of Nutritools, You are responsible for the consequences (and whether direct and/or indirect) of any of the Results. This includes (without limitation) situations in which you share Your Results with third parties.
- You are solely responsible for verifying the accuracy and completeness of Your Results.
- You are not permitted to modify or create derivative works based upon Nutritools.
You represent and warrant to Us that You will:
- comply with all applicable laws and regulations relevant to the use of Nutritools by You;
- not use Nutritools in a way that is unlawful or that violates any third party’s rights; and
- be responsible to us for Your patients’/participants’ use of and any loss or damage caused by Your patients/participants to Nutritools.
- You agree to indemnify and hold Us harmless, upon demand, if you breach the provisions of this clause 6.
- We may in connection with Nutritools, from time to time, update it, fix it, include additional features or improvements for or to it without notice to you.
- We may audit Your software usage for anti-piracy purposes, to verify a valid registration and to assess Your use of Nutritools. You consent to Nutritools sending usage data (e.g., the number of uses of Nutritools, device/machine IP addresses, software version number), for registration, authentication, usage, anti-piracy auditing and enforcement purposes. We will comply with all relevant privacy and data protection legislation in carrying out these activities.
7. INTELLECTUAL PROPERTY RIGHTS AND AVAILABILITY
- Nutritools is protected by intellectual property laws and legislation in England and Wales and internationally applicable intellectual property laws and treaties. Under no circumstances are You permitted to distribute Nutritools without Our written permission.
- You accept and agree that Our logos, trading style, company name, trademarks, service marks and graphics are all owned by Us and may be the subject of trademark protection (“Our IP”). You are not granted a right to use Our IP without Our prior written consent.
- You agree not to remove, obscure or alter any of Our proprietary notices or any of Our IP affixed to or contained within Nutritools.
- We are not obliged to continue making available, servicing or updating Nutritools (or any part of it) and you agree that, subject to clause 7e below, we may withdraw all and any services or other offerings which form part of Nutritools at any time on reasonable notice.
- We may, from time to time, need to restrict or remove access to or availability of Nutritools. We will use reasonable endeavours to notify You in advance of restrictions to access to or availability of Nutritools but You acknowledge that this may not always be possible or practicable in the circumstances. We accept no liability to You for the restriction or removal of access to Nutritools or its unavailability in these circumstances but We will use reasonable endeavours to reinstate previous access and availability levels within a reasonable period of time.
8. LIMITED WARRANTY
- We cannot guarantee that Nutritools is free from such viruses or other malware and Nutritools may contain normal bugs and errors. Accordingly, Nutritools is provided on an "as is" basis with the understanding that bug fixes may, in Our absolute discretion, be provided by Us from time to time.
- To the maximum extent permitted by applicable laws, we disclaim all other warranties, either express or implied, including but not limited to imply any warranties of merchantability, fitness for a particular purpose and non-infringement with respect to Nutritools and any accompanying written documentation.
- Any claim under this Licence against Us may not be brought later than 12 months from the start date of the License.
9. YOUR WARRANTY
- By accessing and/or using Nutritools in a project, You warrant and represent to Us that You have the appropriate and relevant ethical approvals in place in relation to the Project.
10. OPEN REFERENCE MATERIALS
- Some reference-source software may also have been used to create Nutritools. We neither make nor give any warranty and we accept no liability (whether direct or indirect) relating to any such pieces of software or works. It is Your sole responsibility to ensure that you have appropriate licences in place with 3rd party providers in order to use Nutritools with any other software product.
11. PROVISION OF ASSISTANCE
The Nutritools website is provided as is and no technical support/warranties/assistance is available.
12. LIABILITY AND DAMAGES
- To the maximum extent permissible by law, We shall in no circumstances be liable to You for any damages, costs, loss of business (or interruption thereto or loss of information), loss of profits or revenue, loss of anticipated savings, losses through management time spent or damage to goodwill arising from the use of Nutritools even in circumstances where you have made Us aware of the possibility of such damage being occasioned.
- Our total and maximum liability to You in connection with this Licence and the use of Nutritools shall be limited to the Licence Fee received by Us from You. If this Licence is granted to you without us charging a Licence Fee, our maximum liability to you under this Licence is limited to £0.
- The limitations specified in this Licence (“Limitations”) and those specifically set out in this clause 12 shall apply irrespective of their legal basis, in particular with regard to any pre-contractual claims or claims that Nutritools or its use infringes the intellectual property rights of a third party.
- The Limitations shall not apply, however, to any statutory liability which cannot be excluded by law, nor to any damage which is caused due to the breach of an express warranty, nor to damages due to death or personal injury.
13. ACKNOWLEDGEMENTS AND PUBLICATIONS
- Any publication to which the use of Nutritools has contributed in any way must include, as a minimum, the standard acknowledgement set out below. Alternatively, We may agree with You to include a specific acknowledgement in the context of a particular Project, which must replace the standard acknowledgement.
“Nutritools www.nutritools.org was developed through Medical Research Council funding, grant MR/L02019X/1 by a collaborative project between the University of Leeds (PI Janet Cade) and: Institute of Food Research; Imperial College London; MRC Human Nutrition Research (HNR); MRC Lifecourse Epidemiology Unit; University of Bristol; University of Oxford; University of Southampton.”
Publications and other forms of media communication, including media appearances, press releases and conferences, must acknowledge the use of Nutritools as stated above. Any publicity material associated with the research undertaken using Nutritools should be discussed with the University of Leeds Press Office prior to issue/publication.
14. GENERAL TERMS
- This Licence and its formation is subject to the laws of England and Wales irrespective of the territory in which You are based.
- By accepting this Licence, You hereby irrevocably submit to the exclusive jurisdiction of the English Courts with respect to any dispute arising out of this Licence.
- Save in respect of any alterations or modifications to this Licence which comply with clause 14f below, this Licence is the entire agreement between Us and You and supersedes any other agreement or communications or advertisements with respect to Nutritools and any accompanying documentation. The user guide to be provided to a registered researcher is guidance only and the terms of this Licence shall supersede that guidance and any other written materials on Our Website.
- To the extent that any provision of this Licence may be held illegal, invalid, or unenforceable in whole or in part, such provision or such portion thereof shall be illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.
- No term or provision in this Licence will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.
- No modifications or amendments to this Licence will be binding upon Us unless either (i) the procedure in clause 1 is followed; or (ii) we specifically agree otherwise in writing and such agreement is duly executed by You and one of Our authorised representatives.
- You may not assign, sublicense or novate this Licence to any other person or body without our prior written consent, which may be withheld for any reason or for no reason.
© University of Leeds, October 2017
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