Food
Biobased ingredients for shelf life, freshness and food safety
Disclaimer Listeria Control Model


TERMS AND CONDITIONS


THIS SETS FORTH THE TERMS AND CONDITIONS OF THE LEGAL AGREEMENT BETWEEN YOU (THE "USER") AND CORBION WHICH WILL APPEAR ON YOUR COMPUTER SCREEN WHEN YOU ARE USING the Corbion® Listeria Control Model , HEREFORTH REFERRED TO AS THE "MODEL" AND WHICH YOU MUST ACCEPT PRIOR TO USING OF THE MODEL.
USE OF THE MODEL IMPLIES YOU ACCEPT THE BELOW TERMS AND CONDITIONS.



SECTION 1
CORBION GRANTS THE USER A NON-EXCLUSIVE, NON-TRANSFERABLE WORLDWIDE RIGHT TO USE THE MODEL. CORBION IS ENTITLED TO BLOCK THE USER FROM ANY FURTHER ACCESS FROM THE MODEL.

SECTION 2
THE USER ACKNOWLEDGES THAT ALL INTELLECTUAL PROPERTY RIGHTS RELATED TO THE PROVIDED MODEL ARE OWNED SOLELY BY CORBION (OR ITS LICENSORS AND/OR OTHER VENDORS) AND THAT THE UNAUTHORISED DISCLOSURE OR USE OF SUCH A MODEL WOULD CAUSE IRREPARABLE HARM AND SIGNIFICANT INJURY, THE DEGREE OF WHICH MAY BE DIFFICULT TO ASCERTAIN. ACCORDINGLY, THE USER AGREES THAT CORBION WILL HAVE THE RIGHT TO OBTAIN AN IMMEDIATE INJUNCTION ENJOINING ANY BREACH OF THIS AGREEMENT, AS WELL AS THE RIGHT TO PURSUE ANY AND ALL OTHER RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY FOR SUCH A BREACH.

SECTION 3
UNLESS WITH PRIOR WRITTEN PERMISSION BY CORBION THE USER AGREES:

    • NOT TO REPRODUCE OR FURTHER DISTRIBUTE THE MODEL TO ANY THIRD PARTY;
    • NOT TO INCORPORATE THE MODEL IN ANY OTHER PROGRAM;
    • NOT TO ALTER OR MODIFY THE MODEL.

SECTION 4
CORBION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE, EFFECTIVENESS OR FUNCTIONALITY OF THE MODEL IN CONTROLLING, SUPPRESSING OR RETARDING THE GROWTH OF LISTERIA MONOCYTOGENES IN MEAT PRODUCTS AND REFRIGERATED FOODS. ALL DATA, PROCESSES, PLANS, THEORIES, HYPOTHESES, RESULTS OR PROGNOSTICATIONS RECEIVED OR DEVELOPED BY THE USER BY USING THE MODEL ARE FOR INFORMATION PURPOSES ONLY AND THE DECISION TO USE ANY PORTION THEREOF WILL BE WITHIN THE USER'S SOLE DISCRETION AND AT THE USER'S RISK. THE MODEL IS BEING PROVIDED FREE-OF-CHARGE TO THE USER TO TRACK THE PRESENCE AND GROWTH OF LISTERIA MONOCYTOGENES IN PROCESSED MEAT PRODUCTS AND REFRIGERATED FOODS. HOWEVER, NO WARRANTY OR REPRESENTATION (EXPRESS, DIRECT OR IMPLIED) IS MADE THAT USE OF THE MODEL WILL, IN FACT, PREVENT, CONTROL OR SUPPRESS THE GROWTH OR PRESENCE OF LISTERIA MONOCYTOGENES OR OTHER CONTAMINATION. THE USER ACKNOWLEDGES THAT THE DEVELOPMENT OF THE MODEL WAS BASED ON EXISTING STRAINS OF LISTERIA MONOCYTOGENES AS OF THE RELEASE DATE OF THIS MODEL AND CANNOT ACCOUNT FOR NEW STRAINS OF THE BACTERIA OR CHANGES IN THE BACTERIA THAT WOULD RENDER ANY NEW STRAIN OF LISTERIA MONOCYTOGENES RESISTANT TO THE EFFECTS OF THE LACTATE AND DIACETATE.

SECTION 5
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORBION AND ITS SUPPLIERS AND LICENSORS SHALL HAVE NO LIABILITY TO THE USER OR TO ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURIES, DEATH, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE MODEL, REGARDLESS OF WHETHER CORBION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 6
THE USER AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND CORBION, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, FINES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATING TO ANY (I) CLAIMS ASSERTED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS, EMPLOYEES OR OTHER AGENTS OF THE USER) ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE MODEL, INCLUDING, BUT NOT LIMITED TO, (X) CLAIMS FOR DEATH, ILLNESS AND PERSONAL INJURY, (Y) CLAIMS THAT THE USE OF THE MODEL FAILED TO EFFECTIVELY CONTROL, SUPPRESS OR RETARD THE GROWTH OF LISTERIA MONOCYTOGENES, AND (Z) CLAIMS THAT THE MODEL INFRINGES ANY PATENTS, COPYRIGHTS, LICENSE OR OTHER PROPRIETARY RIGHT, AND (II) CLAIMS RELATING TO OR ARISING OUT OF ANY BREACH OR OTHER VIOLATION OF THIS AGREEMENT BY THE USER.

SECTION 7
THIS AGREEMENT WILL BE CONSTRUED, INTERPRETED, AND APPLIED IN ACCORDANCE WITH THE LAWS OF THE NETHERLANDS. ALL DISPUTES, WHICH MIGHT ARISE AS A RESULT OF THIS AGREEMENT, ARE TO BE DECIDED BY THE COURT IN AMSTERDAM, THE NETHERLANDS.