Foodi Scool Licence Agreement

This agreement applies to the purchase of the Early Foodi Program

Licence

  1. Under this End User Licence Agreement (the "Agreement"), Food is Cool Pty Ltd. (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable licence 

  2. “Program” includes the executable Early Foodi Program and any related printed, electronic and online documentation and any other files that may accompany the product.

  3. Title, copyright, intellectual property rights and distribution rights of the Program remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Program. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Program.

  4. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Program for use by one or more third parties.

  5. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.

Licence Fee

  1. The original purchase price paid by the Licensee will constitute the entire licence fee and is the full consideration for this Agreement.

Limitation of Liability

  1. The Program is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Program. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Program.

  2. The Vendor makes no warranty expressed or implied regarding the fitness of the Program for a particular purpose or that the Program will be suitable or appropriate for the specific requirements of the Licensee.

  3. The Vendor does not warrant that use of the Program will be error-free. 

Warrants and Representations

  1. The Vendor warrants and represents that it is the copyright holder of the Program. The Vendor warrants and represents that granting the licence to use this Program is not in violation of any other agreement, copyright or applicable statute.

Intellectual Property Rights

  1. The Licensor shall maintain and retain the intellectual property rights, copyrights, and legal rights of the Program. 


User Support

  1. No user support or maintenance is provided as part of this Agreement. If support is required, the Licensee may purchase a membership subscription to the Foodi Club.

Term

  1. The term of this Agreement will begin on Acceptance and is perpetual.

Termination

  1. This Agreement will be terminated and the Licence forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Program and any copies of the Program in its possession.



Obligations of the Licensee

  1. The Licensee is responsible for making sure the Program is properly attributed to the Licensor. Furthermore, the Licensee is obliged to ensure the safety, and shall not share a copy of the Material with another party, unless it is intended to be shared (i.e., Parent takeaways) as specified in the Material. If in any doubt, please contact us to clarify on: hello@foodiscool.com.


Governing Law

  1. The Parties to this Agreement submit to the jurisdiction of the courts of the State of New South Wales for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of New South Wales.

Miscellaneous

  1. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.

  2. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.

  3. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.