END USER LICENSE AGREEMENT (EULA)
This License Agreement (Agreement) constitutes a legal and binding contract between you and Cornell University through its Charles H Dyson School of Economics & Management, College of Agriculture & Life Sciences and Cornell SC Johnson College of Business ("Cornell"), containing the terms and conditions for Licensed access and use of the Cornell Meat Price Calculator.
Access to the Licensed Content is offered free to registered and authorized users. This Agreement's terms and conditions govern your access to and use of Licensed Content for the following online tool(s) subject to compliance with all terms and conditions contained herein: Cornell Meat Price Calculator and accompanying tools ("Content" or "Licensed Content").
ACCESS TO THE LICENSED CONTENT IS OFFERED FREE TO REGISTERED AND AUTHORIZED USERS. USE OF ANY CORNELL LICENSED CONTENT REQUIRES THAT YOU CAREFULLY READ AND AGREE IN FULL WITH ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSING AGREEMENT (EULA) BEFORE ACCESSING OR USING THE LICENSED PRODUCTS. IN ORDER TO ACCESS AND USE THIS LICENSED CONTENT ANY INDIVIDUAL, BUSINESS ENTITY, MEMBERSHIP ORGANIZATION, OR OTHER ENTITY OR ITS AFFILIATED OR AUTHORIZED MEMBERS (DEFINED IN THIS AGREEMENT AS THE "USER" OR "LICENSEE") WHO HAS ACQUIRED OR BEEN PROVIDED AUTHORIZED ACCESS TO THE LICENSED CONTENT, MUST AGREE IN FULL TO ALL TERMS OF THIS LICENSING AGREEMENT, INCLUDING THE EXPRESS AND KNOWING RELEASES FROM ANY THE RIGHT TO PURSUE ANY FORM OF LEGAL OR EQUITABLE RECOURSE AGAINST CORNELL UNIVERSITY OR ITS VARIOUS COLLEGES, REPRESENTATIVES, AND/OR EMPLOYEES.
ACCESS TO, OR USE, HOWEVER LIMITED, OF THE LICENSED CONTENT BY USER(S) CONSTITUTES FULL AGREEMENT WITH ALL OF THE TERMS OF THIS LICENSE AS SPECIFIED IN THIS AGREEMENT. THIS IS A LEGAL, BINDING AND ENFORCEABLE CONTRACT BETWEEN THE USER AND CORNELL ACCESSING OR USING THE CONTENT.
THE LICENSED CONTENT IS PROVIDED TO USERS 'AS IS' AND IS NOTBUSINESS, GROWER OR LEGAL ADVICE AND SHOULD NOT SUBSTITUTE FOR USER'S OWN JUDGEMENT AND EXPERIENCE, OR CONSULTATION WITH QUALIFIED ADVISORS.
1. License Grant. Cornell hereby grants to you a limited, non-exclusive, non-sublicensable license to access the Licensed Content solely for the individual benefit of Licensee's members or affiliates and authorized by Cornell (or its designee for the administrative maintenance of the Licensed Content and its authorized Users). You may not cause or permit any other person to, reproduce, download, disseminate, disassemble, decompile, reverse engineer, translate, sell, manufacture, sublicense, distribute, transfer, modify, adapt, create derivative works from the Licensed Content. The term of this Agreement shall be for the duration of your access and use of the Licensed Content. Licensee acknowledges that the presence of federal funding may place further limitations or requirements upon the use and/or rights conferred herein, and any rights licensed are subordinate to any conflicting rights in the federal government; Licensee expressly acknowledges and accepts all licensed rights herein subject to these conditions.
2. Ownership. Cornell is and remains the owner of all right, title, and interest (including copyright, patent, trade secret and other proprietary rights) in and to the Licensed Content. Nothing in this Agreement will be construed as granting Users or Licensees any title or interest in or to the Licensed Content. Users agree not to contest the validity of Cornell's rights or to perform any act adverse to Cornell's rights.
3. User Information and Passwords. You will be asked to provide certain information to gain access to the Licensed Content. You agree that the information you provide is true, accurate and complete and that you will not register under a name of, or attempt to enter or use the Licensed Content under a name or ID that is not your own. You agree that it is your responsibility to maintain your access to the Licensed Content and keep your password and other information you provide confidential. You agree to immediately notify Cornell if there is any known or suspected unauthorized use of your password or the Licensed Content.
4. Use of Your Information. This is how your information will be utilized:
-
A unique user ID will be assigned to your account, with specific User account information (name, contact information) kept in a separate, secure file from the pricing database,
-
Your contact information will be only used in maintaining your account and providing technical assistance to you on your account, as requested,
-
All user data will be de-identified in presenting any descriptions and results on the use of the Tool,
-
Reports on pricing generated from Users will be de-identified and presented only in aggregate form such that specific User information is not recoverable from the aggregated pricing reports,
-
Users may request that their identifiable information be redacted upon termination of their access to and use of the Licensed Content, by sending a request to: meatprice@cornell.edu.
5. NO WARRANTY; LIMITATION OF LIABILITY. THE LICENSED CONTENT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CORNELL WILL NOT BE RESPONSIBLE TO YOU OR YOUR ENTITY FOR ANY AND ALL CONSEQUENCES, FORSEEABLE OR UNFORESEEABLE, FOR LOSSES OR DAMAGES OF ANY KIND, INCLUDING SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR OTHER MONETARY LOSS, ARISING OUT OF THE USE OR RELIANCE UPON THE LICENSED CONTENT, REGARDLESS AS TO WHETHER OR NOT ANY SUCH ISSUES OR CAUSES ARE WITHIN CORNELL'S OR YOUR CONTROL, OR DUE TO ANY ACTS OR OMISSIONS, OR OTHER FAULT OF CORNELL, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES.
6. Termination. Cornell may terminate your access to and use of the Licensed Content at any time if Cornell believes, in its sole judgment, you or your employees or representatives or agents have violated this Agreement. Upon termination of this Agreement, your limited license to use the Licensed Content will automatically terminate and you must destroy any copy you have of the Licensed Content or any of its components. Sections 2-6 of this Agreement will survive the termination or expiration of the Agreement.
7. Government End Users.If the User is acquiring the Licensed Content on behalf of any unit or agency of the United States Government, then the terms of this licensing agreement are acknowledged by Cornell and shall comply with the FAR clause at 12.212(a) and be consistent with Federal law as specified in the FAR regulations. If the User is a United States Government entity and Cornell believes that the User is in violation of any of the provisions of this Agreement, then Cornell will submit a claim with the relevant contracting officer and seek remedy in accordance with the FAR or other relevant governmental provisions governing such disputes. Cornell and any User who is a government agency agree that all disputes shall be resolved in accordance with FAR 52.233.1 and FAR 12.302(b) or other applicable United States governmental regulations pertaining to contractual disputes.
8. General Provisions. Cornell is not liable for any loss, damage, delay or failure to perform in whole or in part resulting from causes beyond its control, including, but not limited to, fires, floods, tornadoes, earthquakes, strikes, delays in transportation, pandemics, epidemics, or the requirements or restrictions of any university or governmental authority. Together with all contractual terms and conditions, this Agreement constitutes the entire agreement between you and Cornell and may be amended by Cornell by posting changes or additions to the EULA. Cornell may assign this Agreement at its discretion.
9. Controlling Law and Severability.This License shall be governed by and construed in accordance with the laws of the United States and the State of New York, as applied to agreements entered into and to be performed entirely within New York, unless the User is a United States Government entity in which case the current controlling law will be in accordance with the regulations and laws of that United States Government entity.
10. Venue and Jurisdiction. User acknowledges and agrees any claim arising from or related to this Agreement must be brought in state or federal courts located in New York, and Users voluntarily agree to New York venue, jurisdiction and governing law.
PRIVACY STATEMENT
This CORNELL UNIVERSITY (CORNELL) Privacy Statement provides information about CORNELL's online information gathering and dissemination practices. Individual pages on CORNELL websites may provide additional information.
If you are in the European Union, DO NOT ACCESS OR UTILIZE THE LICENSED CONTENT.
We encourage you to periodically review this Privacy Statement, as well as any information linked from this Privacy Statement, because we may update it from time to time.
Information CORNELL Collects from Users and How We Use it
CORNELL collects information actively provided by Users. We may also collect information about the computers, mobile devices, or other devices you use to access CORNELL's websites and technology network, such as IP address, unique device identifiers, browser types, browser languages, web pages visited, network software access, referring web pages, date, time, and duration of activity, passwords, and accounts accessed, volume of data storage and transfers, and locations of User devices when connected to CORNELL's websites and technology network. Logs of this information may be retained. We may contract with non-CORNELL service providers to help us better understand Users.
CORNELL uses information collected to provide services, in support of CORNELL's Mission, to protect the security of CORNELL's technology network, to support academic integrity, and to provide safety and security services to Users, as well as to monitor, preserve, and enhance the use, functioning, and integrity of CORNELL's technology network. CORNELL may also use information collected from you for analysis and statistical purposes consistent with CORNELL's Mission.CORNELL may also use information collected from you to market CORNELL's products and services.
Cookies
Cookies are small files that are stored on your computing devices. We use cookies to understand and save your preferences for future visits and compile aggregate data about network traffic and network interaction so that we can offer better network experiences and tools in the future. Cookies may be set by organizations other than CORNELL. Because the cookie policies of these third-party service providers may change over time, you should review their policies by visiting their privacy policies directly. Users may disable cookies through their individual browser options. However, if you do not accept cookies, you may not be able to use some portions of our websites or technology network.
The following describes the types of cookies CORNELL uses on our websites:
Required or Strictly Necessary Cookies. These cookies are essential for our websites to operate correctly and to provide you with requested services. For example, we use cookies to authenticate you, so when you log on to CORNELL websites, we know who you are.
Functionality Cookies. We use functionality cookies to enhance website features, such as videos and live chat, and for personalization, such as storing your preferences (e.g. username and language selection). Functionality cookies may be set by CORNELL or by third parties whose services we have added to our websites. If you do not allow these cookies, you may not be able to use some portions of our websites or technology network, and some website may not work properly.
Social Media Cookies. Social media cookies may be set by third parties such as YouTube and Facebook to collect information about your social media usage.
Analytics Cookies. Analytics cookies collect information about your use of our websites and technology network, and help us improve the way it works. For example, analytics cookies identify the most frequently visited pages, record any difficulties you have, and show whether our advertising is effective. This allows us to see the overall patterns of usage, rather than the usage of a single person. We use the information to analyze the websites' traffic.
Targeting/Advertising Cookies. We use targeting/advertising cookies to create profiles and personalize content. We may use third party products, such as Google Analytics, to market CORNELL's services to you on third party websites. For example, if you visit CORNELL websites, you may then see advertisements for CORNELL on other websites.
You can learn more about cookies and their functions generally by visiting an information website such as allaboutcookies.org.
Do Not Track Signals. Some web browsers have a "Do Not Track" (DNT) feature that tells websites that users do not want to have their online activity tracked.
Alternatives to Website Transactions. If you prefer not to provide information to CORNELL through our websites or technology network, you may contact the CORNELL administrative unit responsible for the service to learn about available options.
Disclosure of Information.
CORNELL does not disclose confidential information we collect online to individuals or entities not affiliated with CORNELL, except in the limited circumstances described below. Non-confidential information may be disclosed or distributed pursuant to federal laws, state laws, or university policies. These laws and policies explain what information may be shared or disclosed. They also explain what information is protected as confidential.Court Order or Public Safety. CORNELL may be required to disclose confidential information pursuant to a valid court order or lawfully issued and served subpoena, search warrant, or other legal order. In addition, CORNELL may disclose confidential information to law enforcement if CORNELL believes that disclosure is necessary to protect CORNELL, to protect the health or safety of individuals, or if law enforcement believes that CORNELL's resources have been used in the commission of a crime.
Contractors. CORNELL may contract with non-CORNELL service providers to provide services and information through CORNELL's websites and technology network. CORNELL may provide information, including personal information collected on our technology network; to non-CORNELL service providers to assist CORNELL deliver classes, programs, products, information, and services. CORNELL also contracts with non-CORNELL service providers to perform analysis, research, and administrative activities for CORNELL. CORNELL requires non-CORNELL service providers to protect personal information on our behalf.