PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE. BY DOWNLOADING THE SOFTWARE OR CLICKING ON THE “I ACCEPT” CHECKBOX BELOW YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 8. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE AND ASSOCIATED DOCUMENTATION TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW.  IN THIS CASE THE DOWNLOADING PROCESS WILL TERMINATE AND YOU MAY NOT DOWNLOAD ANY SOFTWARE OR DOCUMENTATION FROM THIS WEBSITE.

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and The Save the Children Fund of 1 St John’s Lane, London EC1M 4AR (Licensor, us or we) for:

  • Cost of the Diet computer software which uses data taken from externally sourced, open access food composition tables and a database of individuals’ average energy and recommended nutrient intakes specified by the World Health Organization to select the foods at lowest costs that meet specifications for energy and nutrients (Software); and
  • Cost of the Diet Practitioner’s Guide (Document).

We licence use of the Software and Document to you on the basis of this Licence. We do not sell the Software or Document to you. We own all copyright, trade secret, trademark, patent and other proprietary rights in the Software and Document. Your licence confers no title to, or ownership in, the Software or Document and we remain the owners of the Software and Document at all times.

Operating system requirements: this Software requires a 32 or 64 bit computer or laptop with a minimum screen resolution of 1024 x 768cm, and a minimum of 4of memory and Windows 10 or Windows 11 operating systems (the “Devices”).

The will not work on an Apple or Linux operating systems. Save the Children cannot be held responsible for running the Software on other operating systems, and users run the Software on other operating systems at their own risk.

You should print a copy of this Licence for future reference.

AGREED TERMS

  1. Acknowledgements

1.1          The terms of this Licence apply to the Software or any of the services accessible through the Software, including any updates or supplements to the Software, unless they come with separate terms, in which case those terms apply. The terms of licenced and/or open-source software included within this Software may override some of the terms of this Licence.

1.2          We may change these terms at any time by sending you details of the change or notifying you of a change.

1.3          From time to time updates to the Software may be issued. Depending on the update, you may not be able to use the Software until you have downloaded the latest version and accepted any new terms.

1.4          The terms of our privacy policy from time to time, available at http://www.savethechildren.org.uk/privacy-cookie-policy (Privacy Policy) are incorporated into this Licence by reference. Additionally, by using the Software, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Software may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.5          Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

  1. Grant and scope of licence

2.1          In consideration of you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable, licence to use the Software and the Document on the Devices, on the terms of this Licence and the Privacy Policy incorporated into this Licence by reference. We reserve all other rights.

2.2          You may:

(a)        download, install and use the Software for your personal purposes (if you are a private user) or your internal business purposes (if you are a business user) on multiple central processing units (CPU)s;

(b)        provided you comply with the provisions in condition 3, make a reasonable number of copies of the Software for back-up purposes;

(c)        receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time; and

(d)        use the Document in support of the use permitted under condition 2.3.

  1. Restrictions

Except as expressly set out in this Licence or as permitted by any local law, you undertake:

(a)        not to copy the Software or the Document, except where such copying is incidental to normal use of the Software or Document, or where it is necessary for the purpose of back-up or operational security;

(b)        not to sell, rent, sub-licence, lease, loan, translate, merge, adapt, vary or modify the Software or Document;

(c)        not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programmes;

(d)        not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software programme, and provided that the information obtained by you during such activities:

(i)         is used only for the purpose of achieving inter-operability of the Software with another software programme; and

(ii)        is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii)       is not used to create any software which is substantially similar to the Software;

(e)        to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;

(f)        to ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;

(g)        to include our copyright notice on all entire and partial copies you make of the Software on any medium;

(h)        not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, programme listings, object and source programme listings, object code and source code) to any person without prior written consent from us; and

(i)         to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Software.

  1. Acceptable use restrictions

You must:

(a)        not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software or any operating system;

(b)        not infringe our intellectual property rights or those of any third party in relation to your use of the Software, including the submission of any material (to the extent that such use is not licensed by this Licence);

(c)        not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software;

(d)        not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e)        not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.

  1. Intellectual property rights

5.1          You acknowledge that all intellectual property rights in the Software and the Document anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Document other than the right to use them in accordance with the terms of this Licence.

5.2          You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

  1. Data Protection

6.1          We will process your personal data in accordance with all applicable data protection laws including the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. For more information about your data protection rights, please see Save the Children’s . .

  1. warranty

7.1          You acknowledge that the Software and Document are provided “as is” with all faults and without warranty of any kind. You agree that all risks pertaining to the use of the Software and Document are assumed by you. We make no representation or warranty of any kind whether express or implied (either in fact or by operation of law) with respect to the Software, Document or other materials provided by us. We expressly disclaim all implied warranties including warranties of non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the Software is error-free or that operation of the Software will be secure or uninterrupted. We make no representation or warranty and have no liability whatsoever with regard to the functioning or operation of the Software with other equipment or software of yours, or any third party software. No oral or written information or advice given by us will create a warranty or in any way increase the scope of any warranty provided herein.

  1. Limitation of liability

8.1          You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Document meet your requirements.

8.2          If you are a business user, we only supply the Software and Document for internal use by your business, and you agree not to use the Software or Document for any re-sale purposes.

8.3          If you are a private user, we only supply the Software and Document for domestic and private use. You agree not to use the Software and Document for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4          To the maximum extent permitted by applicable law, under no circumstances will we be liable to you, or any other person or entity, for any error, omission, defect, deficiency or non-conformity in the Software or for any loss of use, revenue or profit, lost or damaged data, loss of confidential information, business interruption, loss of privacy, for failure to meet any duty including good faith or reasonable care, or other commercial or economic loss or for any indirect, incidental, cover, special, statutory, punitive, exemplary or consequential damages whatsoever related to your use or reliance upon the Software and/or Document, even if advised of the possibility of such damages or if such damages are foreseeable.

8.5          Further, and notwithstanding anything in this Licence to the contrary, we shall not be liable or obligated to you with respect to any subject matter of this Licence or under contract, breach of warranty, tort (including negligence), strict liability or any other legal or equitable theory for any amounts. This limitation shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this Licence. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Nothing in this Licence affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

  1. Termination

9.1          We may terminate this Licence immediately if you commit a material or persistent breach of this Licence. On termination, all rights granted to you under this Licence shall cease, you must immediately cease all activities authorised by this Licence, you must immediately delete and remove the Software from all Devices and you must immediately destroy all copies of the Software and Document then in your possession, custody or control and certify to us that you have done so.

  1. Communications between us

10.1        If you are a private user, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us

10.2        If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when you register for the Software.

10.3        If you are a business user, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website; 24 hours after an e-mail is sent; or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

  1. Events outside our control

11.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

11.2        If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:

(a)        our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b)        we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.

  1. Other important terms

12.1        This Licence and the rights and obligations hereunder are personal to you, and may not be assigned or otherwise transferred, in whole or in part. Any attempt to do so shall be void and of no effect.

12.2        We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

12.3        If you are a business user, this Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence or any document expressly referred to in it.

12.4        If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.5        Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect. Each of our rights under this Licence are independent, cumulative and without prejudice to our other rights under general law.

12.6        This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

12.7        This Licence, its subject matter and its formation, are governed by English law. If you are a private user, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. If you are a business user, we both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

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