BodyTrans distribution permissions and end-user license agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING.
BODYTRANS IS COPYRIGHTED AND LICENSED, NOT SOLD. BY INSTALLING THIS APPLICATION, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT INSTALL OR RUN THE BODYTRANS SOFTWARE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING BODYTRANS BETWEEN YOU AND , AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
BodyTrans and its associated materials ("the application") are manufactured by AeroTeal Management LLC, headquartered in Humble, TX 77396. All versions of the application are protected by copyright and trademark law, international copyright treaties, and other laws and treaties regarding intellectual property.
This agreement covers BodyTrans and BodyTrans Trial Edition. Both versions perform the same functions but BodyTrans works indefinitely, while BodyTrans Trial Edition works for a limited time only.
In cases where BodyTrans Trial Edition has been registered, it is converted to a full version of BodyTrans.
BodyTrans is licensed, not sold. You have a license to use the BodyTrans Trial Edition at no charge for 14 days. You may also make copies of BodyTrans Trial Edition and distribute them to as many people as you like, so long as you do not charge for the copies or enable any recipient to convert them into full versions of BodyTrans without AeroTeal Management LLC`s permission.
You have a license to use the full version of BodyTrans only if a) you obtained your copy from AeroTeal Management LLC, or one of the company`s authorized representatives, or as part of a software package preinstalled by legal arrangement with AeroTeal Management LLC on a computer that you purchased, or by registering BodyTrans Trial Edition with AeroTeal Management LLC and having it convert to a full version of BodyTrans, and b) you agree to the terms below.
If you install, copy, or otherwise use BodyTrans, your agreement is assumed.
TERMS FOR BodyTrans
1. BodyTrans may be used only for the personal health management of the original licensees, not for advising business clients, club members, medical patients, or other persons not residing in your household, or for lease or rental to other agents. (If you are interested in licenses of BodyTrans for use in serving customers, clients, employees, or other groups, visit http://www.bodytrans.com/grouplicense.htm or call 877-766-4553.)
2. If BodyTrans Trial Edition is upgraded to some other edition, the terms of this agreement are superseded by those for that edition.
3. Reverse-engineering, decompiling, or disassembling any version of BodyTrans is not permitted under this agreement.
4. You may not sell, license, or otherwise transfer the data in BodyTrans`s food and exercise databases to any third party.
5. BodyTrans and its associated materials come with restricted rights, as described in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19.
6. Although AeroTeal Management LLC, has tried to make BodyTrans accurate and reliable, people differ in their dietary and fitness needs. For these reasons, BodyTrans cannot be held liable for the results of any regimen created with the application. A person`s nutrition and fitness program should always take into account the advice of a physician.
7. This license agreement is effective upon your agreement or upon your installing or running the application and will continue until terminated. AeroTeal Management LLC, may terminate this license upon your breach of any term hereof. Upon such termination, you agree to return to AeroTeal Management LLC, the application and all copies thereof.
8. AeroTeal Management LLC, warrants, for the sole benefit of the original licensees, for 14 days from the date of commencement of this license agreement (the "warranty period"), that the disks and/or diskettes in which the application is contained are free from defects in material and workmanship. AeroTeal Management LLC further warrants, for the sole benefit of the original licensees, that during the warranty period the application will operate substantially in accordance with the application`s functional specifications.
9. If, during the warranty period, a defect in the application appears, you may return the application to AeroTeal Management LLC, for either replacement or, if so elected by AeroTeal Management LLC, a refund. You agree that the foregoing constitutes your sole and exclusive remedy for breach by , of any warranties under this agreement.
10. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE APPLICATION IS LICENSED AS IS, AND AeroTeal Management LLC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. AeroTeal Management LLC`s liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising from or relating to this agreement shall not exceed the license fee paid to AeroTeal Management LLC for the use of the application. In no event shall AeroTeal Management LLC be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits.
12. This license agreement shall be construed and governed by the laws of the State of Texas.
13. If any action is brought by either party to this agreement against the other party concerning the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
14. Should any term of this agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
15. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
FREE USE AND DISTRIBUTION LICENSE FOR BODYTRANS TRIAL EDITION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU COPY, INSTALL, OR USE THIS COPY OF BODYTRANS SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS BODYTRANS TRIAL EDITION SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement (Agreement) applies only to the version of the BodyTrans Trial Edition software package (BodyTrans) with which this Agreement is included by the AeroTeal Management LLC. Different license terms may apply to other software packages or other materials from AeroTeal Management LLC, and license terms for later versions of BodyTrans may also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received BodyTrans in the form of an original BodyTrans distribution package as distributed by AeroTeal Management LLC, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for BodyTrans are available from AeroTeal Management LLC and AeroTeal Management LLC authorized BodyTrans distributors. Copies of BodyTrans not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
(b) You may, free of charge:
· install and use BodyTrans Trial Edition free of charge, for the duration of the Trial Edition license.
· copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of BodyTrans Trial Edition to others, as long as it is deemed current by AeroTeal Management LLC.
"Proper use" of BodyTrans Trial Edition is use of the BodyTrans Trial Edition program fully in accordance with AeroTeal Management LLC guidelines, as such guidelines may be changed, clarified or corrected by AeroTeal Management LLC from time to time. If you have any questions as to proper use of this BodyTrans Trial Edition program, you may contact AeroTeal Management LLC via the contact information included in this Original Distribution Package.
(c) You may not:
· permit others to use this BodyTrans Trial Edition program unless they are properly licensed by AeroTeal Management LLC, either under this Agreement or another agreement from AeroTeal Management LLC.
· modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this BodyTrans Trial Edition program.
· copy BodyTrans Trial Edition except as described above.
· sell or license copies of BodyTrans Trial Edition to others.
· remove any proprietary notices or labels on BodyTrans Trial Edition or any other AeroTeal Management LLC software.
· use BodyTrans Trial Edition in or for High Risk Activities (defined below)
(d) All rights not expressly granted by AeroTeal Management LLC in this Agreement are entirely and exclusively reserved to AeroTeal Management LLC.
4. SUPPORT. BodyTrans contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license.
5. DISCLAIMER OF WARRANTY. AeroTeal Management LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST BODYTRANS TRIAL EDITION BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING BODYTRANS TRIAL EDITION, AND THAT IF YOU USE BODYTRANS TRIAL EDITION IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF BODYTRANS TRIAL EDITION IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL AeroTeal Management LLC, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF BODYTRANS TRIAL EDITION, OR YOUR RELATIONSHIP WITH AeroTeal Management LLC. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
7. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
8. TITLE. AeroTeal Management LLC or its licensors own the BodyTrans software, all other materials in this BodyTrans Original Distribution Package, and the names and marks "AeroTeal Management LLC" and "BodyTrans", under the copyright, trademark, and trade secret laws and all other laws that may apply.
9. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the BodyTrans software and all other materials in this BodyTrans Original Distribution Package and, at AeroTeal Management LLC`s sole discretion, any or all of the files created by you using BodyTrans and distributed to others.
10. HIGH RISK ACTIVITIES. BodyTrans is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of BodyTrans could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). AeroTeal Management LLC and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and AeroTeal Management LLC. Waiver by AeroTeal Management LLC of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to BodyTrans or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regard to U.S. or Washington choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to AeroTeal Management LLC or the matters in this Agreement shall be exclusively in courts located in Ohio. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by AeroTeal Management LLC herein.