End User License Agreement
This End User License Agreement provides the terms and conditions for licensing data sets and analyses produced by MonkeySoft Solutions Inc. (doing business as "Off-Premise Insights").
IF YOU HAVE RECEIVED A COPY OF THIS DATA PRODUCT, OR BEEN GIVEN ACCESS TO OFF-PREMISE INSIGHTS DATA, WITHOUT HAVING EXECUTED A LICENSE AGREEMENT WITH OFF-PREMISE INSIGHTS, MONKEY GROUP OR MONKEYSOFT SOLUTIONS INC, PLEASE CONTACT THE CO-AUTHORS IMMEDIATELY, BY EMAIL, AT THE FOLLOWING ADDRESSES:
Erle Dardick CEO, Off-Premise Insights: email@example.com
Darren Tristano CEO, CHD-Expert Americas: firstname.lastname@example.org
Purchase and subsequent consumption and use of this data product, and the information contained therein, in any manner whatsoever, shall constitute Your acceptance of the terms of this agreement. Any violation of these terms may result in termination of this license.
The terms and conditions are as follows:
Off-Premise Insights 5-Year Outlook Study
This Non-Exclusive Data-Use License for the Off-Premise Insights 5-Year Outlook Study is between Off-Premise Insights (“Licensor”) and the entity named on the Off-Premise Insights Product Order Form (“Licensee”, “You”, “Your”). This agreement is effective upon payment of the required license fees by the Licensee and will remain in effect until terminated.
The Licensee should carefully read the following license agreement before licensing any data. If Licensee does not agree with the terms of this agreement, Licensee may NOT license the data.
In consideration of the mutual promises contained in this License, Licensor agrees to grant to Licensee and Licensee agrees to accept a non-exclusive license to use certain Data upon the terms and conditions set forth in this License.
MonkeySoft Solutions Inc. (doing business as "Off-Premise Insights") is the owner or a licensee of all intellectual property rights (including copyright) in this data product. With Your payment of the requisite fee, you (hereinafter referred to as 'the Licensee') are granted a non-exclusive, non-assignable and non-transferable license to use this data product subject to the terms below.
This license is not a sale of any or all of the rights of the owner(s).
1. All copyright and proprietary notices, as well as all conditions of use associated with the data product, must be communicated to all users of the data product.
2. The Licensee shall not transfer this data product to, or store the data product in, any electronic network for use by other users unless the Licensee obtains prior written permission from Off-Premise Insights and pays any additional fees.
3. The Licensee shall not lend, rent, lease, sublicense, transfer or sell any part of the data product nor any right granted under this agreement to any person outside the licensed organization or to any other organization.
4. The Licensee shall not disassemble, decompile or in any way attempt to reverse engineer any software provided as part of the data product.
5. The Licensee shall not use any part of the data product to develop or derive any other data product or data service for external distribution or commercial sale.
6. The Licensee is granted reasonable rights of use of the content of this data product only for personal, corporate or public policy research, as well as for educational purposes.
This permission includes the use of the content in analyses and in the reporting of results and conclusions, including the citation of limited amounts of supporting data, extracted from the data product, in such documents.
In such cases, the source of the data must be acknowledged in all such documents and communications by providing the following source citation at the bottom of each table and graph:
Source [or 'Adapted from,' if appropriate]: Off-Premise Insights 5-Year Outlook Study 2018.
7. The Licensee shall obtain approval from Off-Premise Insights before publishing any significant volume of material, in any medium, that is extracted from the data product.
8. The Licensee agrees not to merge or link the data product with any other databases in such a fashion that gives the appearance that the Licensee may have received, or had access to, information held by Off-Premise Insights about any identifiable individual, family, household, organization or business.
9. Any violation of this license renders it void and of no effect. This agreement will terminate automatically without notice if the Licensee fails to comply with any of the terms of this agreement. In the event of termination, the Licensee must immediately return the data product to Off-Premise Insights or destroy it and certify this destruction in writing to Off-Premise Insights.
Warranties and disclaimers
This data product is provided ‘as-is,’ and Off-Premise Insights makes no warranty, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose. In no event will Off-Premise Insights be liable for any direct, special, indirect, consequential or other damages, however caused.
Acceptance of terms
It is Your responsibility to ensure that Your use of this data product complies with these terms and to seek prior written permission from Off-Premise Insights for any uses not permitted or not specified in this agreement. Any infringement of Off-Premise Insights' rights may result in legal action.
For further information please contact:
1542 Rand Avenue
Vancouver, BC V6P 3G2 Canada
Off-Premise Insights is a foodservice industry resource for off-premise data, market research, and information. OPI media, research, and events include serialized content such as The Takeout, Delivery & Catering Show with FoodableTV, the groundbreaking Off-Premise Insights 5-Year Outlook Study, and the annual Restaurant Takeout, Delivery & Catering Symposium. OPI is the publishing division and sister company to MonkeyMedia Software™ and The Catering Institute™. Our mission is to support the restaurant community by providing key information to help operators grow sales and increase profits. www.offpremiseinsights.com
© MonkeySoft Solutions Inc., 2018