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END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY
This End-User License Agreement ("EULA") is a non-transferable, non-exclusive license agreement between you and Sysco Corporation ("SYSCO"). This EULA governs SYSCO's eNutrition tool, a web-based program that allows you to access computer software that retrieves and presents nutritional information in a familiar, easy-to-read format for your sole and exclusive benefit (the "eNutrition Tool").
YOU MUST ACCEPT THESE TERMS OF USE AS A CONDITION OF USING THE eNUTRITION TOOL. BY ACCESSING OR OTHERWISE USING THE eNUTRITION TOOL, YOU ACCEPT THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE eNUTRITION TOOL.
LICENSE:
Upon your acceptance of this EULA, SYSCO grants you a non-exclusive, non transferable, limited license to access and use the eNutrition Tool. You may not use any part of the eNutrition Tool for commercial or resale use.
LIMITATIONS ON USE:
You may not use data mining, robots or similar data gathering and extraction tools to gather or extract data from the eNutrition tool. Information and contents provided by the eNutrition tool may be downloaded, printed, reproduced, duplicated or copied solely for your own use. You may not reverse engineer, decompile, enhance, modify, or disassemble the eNutrition Tool. You may not rent, sublicense, resell, lease, give, or lend the eNutrition Tool, access to the eNutrition Tool or any information provided by the eNutrition Tool. SYSCO may change the terms and conditions of this EULA from time to time. SYSCO may, but is not required to, notify you of these changes by e-mail, online via a website or other electronic notice. Your continued use of the eNutrition Tool constitutes your acceptance of those changes.
TERMINATION:
This EULA is effective unless and until terminated by SYSCO. SYSCO may terminate this EULA at any time without notice to you, and accordingly deny you access to the eNutrition Tool in SYSCO's sole discretion. Upon any termination of this EULA by SYSCO, you must promptly destroy all materials downloaded or otherwise obtained from the eNutrition Tool, as well as all copies of such materials.
TITLE/COPYRIGHT:
SYSCO owns all right, title and interest in and to the eNutrition Tool, including but not limited to any accompanying printed materials, any copies of the eNutrition Tool related to the eNutrition Tool (but not including any third-party software product or database used or accessed by the eNutrition Tool) and all Intellectual Property Rights (as that term is defined below). All rights not expressly granted herein are reserved by SYSCO. You acknowledge and agree that any third-party software product or database used or accessed by the eNutrition Tool are the property of the respective third-party owners or licensors and that you have no right or title in, and will not assert any right or title in, the same. For purposes of this EULA, "Intellectual Property Rights" means all copyright, patent, trade secret, trademark, moral, termination, authorship, right of publicity, and other proprietary rights.
WARRANTY DISCLAIMER:
SYSCO PROVIDES THE ENUTRITION TOOL ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYSCO DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE ENUTRITION TOOL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THOUGH SYSCO BELIEVES THAT THE INFORMATION PROVIDED THROUGH THE ENUTRITION TOOL IS ACCURATE, COMPLETE AND CURENT, SYSCO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION PROVIDED THROUGH THE ENUTRITION TOOL IS ACCURATE, COMPLETE OR CURRENT.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYSCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ENUTRITION TOOL OR THE FAILURE TO PROVIDE SUPPORT FOR THE ENUTRITION TOOL, EVEN IF SYSCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SYSCO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE ENUTRITION TOOL.
MEDICAL ADVICE:
The information and contents accessible to you through the eNutrition Tool do not constitute medical advice. If you are seeking medical advice, please consult a medical professional.
MISCELLANEOUS:
This EULA is governed by the laws of the State of Texas.
By installing, copying, downloading, accessing or otherwise using the eNutrition Tool, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the eNutrition Tool.
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PROFILE DATABASE RESTRICTIONS AND WARRANTY DISCLAIMER AGREEMENT
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This End User License Agreement ("EULA") is a binding agreement between you and Sales Partner Systems, Inc., located at 757 South Nova Road, Ormond Beach , Florida ("SPS"). By accessing or using all or a portion of a certain computer database of product information known as the PROFILE Database (the "Database") owned by SPS, you hereby acknowledge and agree that this Database is the proprietary information and property of SPS, and is protected by copyright, trade secret, and license law. You acknowledge and agree that the data provided through it may not be copied, distributed, licensed, given or in any way disclosed to any third party. Your only permitted use of this Database is ordering, purchase and using the goods and supplies listed therein. Any other use of this Database is prohibited. You agree that the Database is subject to these confidentiality, use and ownership restrictions, and agree not to modify or remove any of the copyright notices on the Database, nor to alter the Database itself in any way.
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You also understand and agree that this Database is provided without warranties, representations, or other affirmations of fact. Any statements made regarding accuracy or currency of the data, capacity, suitability of use, or performance of the Database, shall not create a warranty for any purpose or give rise to any liability or obligation of SPS, the product distributor, or product manufacturer. THE UNDERSIGNED AGREES THAT NO WARRANTIES ARE TO BE IMPLIED WITH RESPECT TO THE PERFORMANCE OF THE SOFTWARE, OR THE ACCURACY OR CURRENCY OF ANY OF THE INFORMATION CONTAINED IN THE DATABASE, OR RESULTS TO BE OBTAINED BY USE OF THE DATABASE. THE DISTRIBUTORS AND MANUFACTURERS OF THE PRODUCTS IN THE DATABASE, AND SPS, HEREBY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTY THAT THE COMPUTER SOFTWARE OR DATABASE WILL BE ERROR FREE OR THAT ITS USE WILL NEVER BE INTERRUPTED. THE DISTRIBUTORS, MANUFACTURERS AND SPS SHALL HAVE NO LIABILITY WHATSOEVER FOR DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING IN ANY WAY TO THIS AGREEMENT, SOFTWARE OR DATABASE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL (INCLUDING LOST PROFITS OR SAVINGS) INCIDENTAL, INDIRECT OR DIRECT DAMAGES INCURRED OR SUFFERED BY DATA RECIPIENT EVEN IF THE DISTRIBUTORS, MANUFACTURERS OR SPS ARE INFORMED OF THEIR POSSIBILITY. You assume the entire risk of using the Database and any related software.
By installing, copying, downloading, accessing or otherwise using the Database, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Database.
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