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Project FoodCASE
 
  


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FoodCASE Playground Environment

Term FoodCASE:

FoodCASE means "Food Composition And System Environment". The name is a interplay of food composition data and scientific information system, where "System Environment" must be taken as an abstract term.

 

License Agreement between ETH Zurich (Licensor), represented by Prof. Hans Hinterberger, and Licensee

1. Definition of the Software

The software FoodCASE is composed of the following files:

FoodCASE DB: PostgreSQL database including schema and constraints, excluding content data

FoodCASE Server: FoodCASE_Server.jar

FoodCASE Client: FoodCASE_Client.jar, FoodCASE_Lib.jar

FoodCASE Admin: FoodCASE_Admin.jar, FoodCASE_Lib.jar

FoodCASE Web: FoodCASE_Web.jar, web.xml, index.html, config.xml, Message.xml, MetaData.xml, nwdb_log.txt, Disclaimer.xsl, PdfOutput.xsl, ExcelOutputSchema.xsl, ListDetails.xsl, Start.xsl, SearchField.xsl, ListSubCategories.xsl, ListProducts.xsl, ListCompSearchProducts.xsl, ListCategories.xsl, Cart.xsl, AlphaList.xsl, SearchComponent.xsl, MethodDetails.xsl, ExtraInfo.xsl, PdfOutputSource.xsl, ExcelOutputSchemaMitFarbe.xsl, ExcelOutput.xsl

FoodCASE Web Service: FoodCASE_Server.jar

2. License of ETH Zurich

ETH Zurich hereby grants a single, non-exclusive, world-wide, royalty-free and license to use Software to the Licensee subject to all the terms and conditions of this Agreement.

3. The scope of the license

a. Use

The Software is intended to set up, fill and manage food composition data in a database and make them available through a web interface.

The Licensee may use the Software by himself and by his employees

The generation of essential temporary backups is allowed.

b. Reproduction/ Modification/ Adaptation

On his own risk, the Licensee has the right to parameterize the Software or to access the Software with interoperable programs within the aforementioned scope of the license.

Reproduction, Modification or trying to get access to the Source Code by decompilation for any other reason or intention is prohibited.

c. Distribution

Assignment to a third party, also not as part of a software package containing the Software, is only permitted with the expressive consent of the Licensor.

4. Obligations of Licensee

Any webservice set up by the Licensee with the Software shall contain the following reference to the Licensor:

“FoodCASE was developed at the ETH Zurich, Department of Computer Science. The licence agreement of the ETH Zurich applies for the use of FoodCASE.”

5. Intellectual property and other rights

The Licensee obtains all rights granted in this Agreement and retains all rights to results from the use of the Software.

Ownership, intellectual property rights and all other rights in and to the Software shall remain with ETH Zurich.

6. Installation, maintenance, support, upgrades or new releases

Installation

The Licensee may download the Software from the web page: www.foodcase.ethz.ch

ETH Zurich doesn’t have any obligation of maintenance, support, upgrades or new releases, and disclaims all costs associated with service, repair or correction.

7. Warranty

This Software is provided “as is”, with no warranty, whatsoever.

ETH Zurich does, in particular, not make any warranty concerning the:

- warranty of merchantability, satisfactory quality and fitness for a particular purpose

- warranty of accuracy of results, of the quality and performance of the Software;

- warranty of non-infringement of intellectual property rights of third parties.

8. Liability

ETH Zurich disclaims all liabilities. ETH Zurich shall not have any liability for any direct or indirect damage except for the compellent provisions of the applicable law (article 100 OR [Schweizerisches Obligationenrecht]).

9. Termination

This Agreement becomes effective at the date of signing by both parties and is concluded for an indefinite time.

This Agreement may be terminated by ETH Zurich at any time, in case of a fundamental breach of the provisions of this Agreement by the Licensee.

The Licensor reserves the right to grant Licenses to this Software or future releases of this Software at altered conditions.

10. No transfer of rights and duties

Rights and duties derived from this Agreement shall not be transferred to third parties without the written acceptance of the Licensor. In particular, the Software cannot be sold, licensed or rented out to third parties by the Licensee.

11. No implied grant of rights

The parties shall not infer from this Agreement any other rights, including licenses, than those that are explicitly stated herein.

12. Severability

If any provisions of this Agreement will become invalid or unenforceable, such invalidity or enforceability shall not affect the other provisions of Agreement. These shall remain in full force and effect, provided that the basic intent of the parties is preserved. The parties will in good faith negotiate substitute provisions to replace invalid or unenforceable provisions which reflect the original intentions of the parties as closely as possible and maintain the economic balance between the parties.

13. Applicable law

This Agreement as well as any and all matters arising out of it shall exclusively be governed by and interpreted in accordance with the laws of Switzerland, excluding its principles of conflict of laws.

14. Jurisdiction

In case of any dispute, controversy or difference between the Parties hereto in connection with or out of this Agreement, the parties hereto shall first attempt to settle it amicably.Should settlement not be achieved, the Courts of Zurich-City shall have exclusive jurisdiction.

License-Agreement between ETH Zurich represented by Prof. Michael Siegrist (ETH Zurich or Licensor) and the Licensee

1. Object of License

Object of this License is the Data of the Swiss Food Composition Database (FCDB) Version 3.01 retrievable through the application FoodCASE (Copyright Department of Informatics, ETH Zurich).

The Licensee notices and accepts that at the same time a royalty-free license for the web access to the data exists (http://www.swissfir.ethz.ch) for personal, non-commercial use in unmodified form.

In the following, "Data" means any information retrieved through FoodCASE.

The Licensee notices and accepts that the Data retrievable through FoodCASE for the purpose of the usability testing organized by EuroFIR may contain erroneous information, as the Data is part of a test database.

2. License of ETH Zurich

ETH Zurich hereby grants to the Licensee a single, non-exclusive, world-wide, royalty-free License to use the Data, subject to all the terms and conditions of this Agreement.

3. The Scope of the License

a. Use

The use of the Data in any form for personal, non-commercial use by the Licensee is allowed, if the Licensee adheres to the following terms and conditions of this Agreement.

b. Reproduction/ Modification/ Adaptation

Reproduction of the Data is allowed if the Licensee adheres to the obligations of this agreement. The Licensee reproduces the Data at his own risk.

Modification of the Data in FoodCASE is allowed.

c. Distribution

The Licensee may not distribute the Data to third parties.

4. Intellectual property and other rights

The Licensee obtains all rights granted in this Agreement and retains all rights to results from the use of the Data.

Ownership, intellectual property rights and all other rights in and to the Data shall remain with ETH Zurich, or, as the case may be, other original copyright holders from which ETH Zurich has obtained the permission to distribute their part of the Data in this form.

5. Delivery, maintenance, support, upgrades or new releases

The Licensee will receive the Data for the purpose of the usability testing organized by EuroFIR through the application FoodCASE.

ETH Zurich does not have any obligation of maintenance, support, upgrades or new releases, and disclaims all costs associated with service, repair or correction. If ETH Zurich issues any upgrades or new releases of the Data, they will be automatically available through FoodCASE.

6. Warranty

ETH Zurich does not make any warranty concerning the:

7. Liability

ETH Zurich disclaims all liabilities. ETH Zurich shall not have any liability for any direct or indirect damage except for the compelling provisions of the applicable law (article 100 OR [Schweizerisches Obligationenrecht]).

8. Termination

This Agreement becomes effective by clicking on the "I agree to the terms of the license agreement" link and is concluded for an indefinite time.

This Agreement may be terminated by ETH Zurich at any time, in case of a fundamental breach of the provisions of this Agreement by the Licensee. In this case the payment will not be reimbursed.

9. No transfer of rights and duties

Rights and duties derived from this Agreement shall not be transferred to third parties without the written acceptance of the ETH Zurich. In particular, the Data cannot be sold, licensed or rented out to third parties by the Licensee.

10. No implied grant of rights

The parties shall not infer from this Agreement any other rights, including licenses, than those that are explicitly stated herein.

11. Severability

If any provisions of this Agreement will become invalid or unenforceable, such invalidity or enforceability shall not affect the other provisions of Agreement. These shall remain in full force and effect, provided that the basic intent of the parties is preserved. The parties will in good faith negotiate substitute provisions to replace invalid or unenforceable provisions which reflect the original intentions of the parties as closely as possible and maintain the economic balance between the parties.

12. Applicable law

This Agreement as well as any and all matters arising out of it shall exclusively be governed by and interpreted in accordance with the laws of Switzerland, excluding its principles of conflict of laws.

13. Jurisdiction

In case of any dispute, controversy or difference between the Parties hereto in connection with or out of this Agreement, the parties hereto shall first attempt to settle it amicably.

Should settlement not be achieved, the Courts of Zurich-City shall have exclusive jurisdiction.

 
© 2010 ETH Zürich | 17.2.2010
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