Performance Diet Pro distribution permissions and end-user license agreement
END-USER NON-COMMERCIAL LICENSE AGREEMENT THIS IS AN END-USER NON-COMMERCIAL LICENSE AGREEMENT
FOR THE "HEALTHKEEPER" SOFTWARE PRODUCT LINE BY HEALTHKEEPER, INC.
IMPORTANT: READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
INSTALLING/DOWNLOADING THIS SOFTWARE PRODUCT. THIS END-USER, NON-COMMERCIAL LICENSE AGREEMENT
hereinafter "LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (hereinafter "THE USER") AND HEALTHKEEPER
INC. (hereinafter "LICENSOR") FOR THE HEALTHKEEPER SOFTWARE PRODUCT IDENTIFIED HEREIN AND WHICH INCLUDES
COMPUTER SOFTWARE AND/OR ASSOCIATED MEDIA AND PRINTED MATERIALS, AND MAY INCLUDE ONLINE OR
ELECTRONIC DOCUMENTATION (hereinafter "SOFTWARE PRODUCT"). THE SOFTWARE PRODUCT IS COPYRIGHTED AND
LICENSED (NOT SOLD). BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT, USER ACCEPTS
AND AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
IF USER IS NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, DO NOT CONTINUE INSTALLING
THIS SOFTWARE PRODUCT AND PROMPTLY RETURN THE UNUSED SOFTWARE PRODUCT TO THE PLACE FROM WHICH
USER OBTAINED IT FOR A FULL REFUND. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT
CONCERNING THE SOFTWARE PRODUCT BETWEEN THE USER AND THE LICENSOR, AND IT SUPERSEDES ANY PRIOR
PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. LICENSE GRANT. A. Licensor hereby grants to User, and User accepts, a nonexclusive license to use the SOFTWARE
PRODUCT and any accompanying documentation, only as authorized in this LICENSE AGREEMENT. The SOFTWARE PRODUCT
may be used only on a single computer owned, leased, or otherwise controlled by User; or in the event of the inoperability of that
computer, on a backup computer selected by User. Neither concurrent use on two or more computers nor use in a local area network
or other network is permitted without obtaining a separate multi-user license and the payment of multi-user license fees. If needed, a
registered User may obtain an additional discounted copy of the SOFTWARE PRODUCT for a laptop or second personal computer.
User agrees that User will not assign, sublicense, transfer, pledge, lease, rent, or share User`s rights under this LICENSE
AGREEMENT. User agrees that User may not reverse assemble, reverse compile, reverse engineer or otherwise translate the
B. This SOFTWARE PRODUCT may not be used in any commercial manner without obtaining a commercial or multi-user license for
it. Commercial use of the SOFTWARE PRODUCT without a multi-user commercial license is expressly prohibited by law, and may
result in severe civil and criminal penalties.
C. User may permanently transfer all of User`s rights under this LICENSE AGREEMENT, provided User retains no copies, transfers
all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this LICENSE
AGREEMENT and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this LICENSE AGREEMENT.
If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
D. Upon loading the SOFTWARE PRODUCT into a computer, User may make one copy of the SOFTWARE PRODUCT on a set of
diskettes (or on cassette tape or CD) for the purpose of backup. Any such copies of the SOFTWARE PRODUCT shall include
Licensor`s copyright, Nutrilab Corporation`s (Nutrilab) copyright and other proprietary notices. Except as authorized under this
paragraph, no copies of the SOFTWARE PRODUCT or any portions thereof may be made by User or any person under User`s
authority or control.
2. LICENSOR`S RIGHTS. User acknowledges and agrees that the SOFTWARE PRODUCT is a proprietary product of the Licensor
protected under U.S. copyright law. User further acknowledges and agrees that all right, title and interest in and to the SOFTWARE
PRODUCT, including, but not limited to, Nutrilab intellectual property rights, are and shall remain with the Licensor or the
respective Intellectual Property right owner. This LICENSE AGREEMENT does not convey to you an interest in or to the SOFTWARE
PRODUCT or any components thereof, but only a limited right of use revocable in accordance with the terms of this LICENSE
3. UPGRADES AND DUAL-MEDIA. A. If the SOFTWARE PRODUCT is an upgrade from another product, whether from LICENSOR or
another supplier, User may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless User
destroys the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a Licensor`s product, User now may use that upgraded
product only in accordance with this LICENSE AGREEMENT.
B. User may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium User receives
the SOFTWARE PRODUCT, User may use only one medium that is appropriate for a single computer per one License and one
License Fee payment. User may not use or install the other medium on a second computer without first obtaining a second License
and paying a second License Fee. User may not loan, rent, lease, or otherwise transfer the other medium to another User, except as
part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs,
animations, video, audio, music, text and applets incorporated into the SOFTWARE PRODUCT), the accompanying printed materials,
and any copies of the SOFTWARE PRODUCT are owned by Licensor or Nutrilab. Copyright laws and international treaty provisions
protect the SOFTWARE PRODUCT. Except as noted herein, no copies of this SOFTWARE PRODUCT may be made. User may
either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes as set forth in paragraph 1D above, or
(b) install the SOFTWARE PRODUCT copy on a single computer provided User keeps the original solely for backup or archival
Special glycemic index Copyright Notice: HealthKeeper Inc. has obtained an exclusive license from NutriLab to incorporate the
glycemic index and the glycemic related formulas and technology of Nutrilab into the HealthKeeper. NutriLab, in granting this
exclusive license, retains full ownership and control of the glycemic index and the glycemic related formulas and technology of
NutriLab used in the HealthKeeper. NutriLab material contained in this SOFTWARE PRODUCT is protected by United States and
International copyright laws. No part of the glycemic index and related material (including, but not limited to, articles, abstracts, food
tests, diets, photographs, images, illustrations, audio clips, video clips, and animations) used in this SOFTWARE PRODUCT may be
modified, reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or
computer language, re-transmitted in electronic, mechanical, photo reproduction, recordation or otherwise in any form or by any
means publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 4 of this agreement), create
new works from, including derivative works, perform, display, distribute, or in any way exploit or alter any of the NutriLab content in
whole or in part, without written permission from: Nutrilab Corporation 6860 Gulfport Boulevard South Suite 279 St. Petersburg, Florida
5. LICENSE FEES. The license fees paid by User are paid in consideration of the licenses granted under this LICENSE
6. TERM AND TERMINATION. This LICENSE AGREEMENT is effective upon User`s installation of this SOFTWARE PRODUCT and
shall continue until terminated. User may terminate this LICENSE AGREEMENT at any time by returning the SOFTWARE
PRODUCT and all copies thereof and extracts therefrom to Licensor. Without prejudice to any other rights, Licensor may terminate
this LICENSE AGREEMENT upon User`s failure to comply with any of the terms and conditions of this LICENSE AGREEMENT.
Upon such termination by Licensor, User agrees to destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
Acceptance and continuance in the Licensor`s HealthKeeper Performance Diet program is provisional and conditional and is at
Licensor`s sole discretion. Licensor reserves the right to deny access, support or service or ongoing software license to anyone at any
time. If Licensor decides that it is not able to continue to assist a purchaser for medical reasons or any other technical or
non-technical reason and terminate their user privileges, Licensor will refund the proper pro rated portion of the original purchase price.
7. TRADEMARK AND PATENT PENDING NOTICES. A. HealthKeeper, Performance Diet and NutriCode are trademarks of Licensor.
B. The SOFTWARE PRODUCT discloses and uses Licensor`s NutriCode System, which is patent pending. Licensor hereby grants a
limited royalty-free use of the NutriCode System only in conjunction with the use of the licensed SOFTWARE PRODUCT and the
SOFTWARE PRODUCT printable output for personal use of the registered User. Any further use of the patent pending NutriCode
System is prohibited unless a separate license is obtained from the Licensor. Mail requests for such separate license to Licensor at:
HealthKeeper - P O Box 1304, Ignacio, CO 81137 USA; or E-mail Licensor at "manage@HealthKeeper.com
C. Use of the NutriCode System and SOFTWARE PRODUCT printable output for any purpose outside of the terms specified herein
and/or within the SOFTWARE PRODUCT without first obtaining written permission and separate license from Licensor is expressly
prohibited by law, and may result in severe civil and criminal penalties.
8. LIMITED WARRANTY Licensor warrants, for User`s benefit alone, for a period of 90 days from the date of commencement of this
License Agreement (referred to as the "Warranty Period") that SOFTWARE PRODUCT is free from defects in material and
workmanship. Licensor further warrants, for User`s benefit alone that during the Warranty Period the SOFTWARE PRODUCT shall
operate substantially in accordance with the functional specifications in the accompanying written materials. If during the Warranty
Period a defect in the SOFTWARE PRODUCT appears, User may return the SOFTWARE PRODUCT to Licensor for either
replacement or, if so elected by Licensor, refund of amounts paid by User under this LICENSE AGREEMENT. This Limited Warranty
is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. User agrees that the foregoing
constitutes User`s sole and exclusive remedy for breach by Licensor of any warranties made under this LICENSE AGREEMENT.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE PRODUCT AND THE SOFTWARE CONTAINED
THEREIN ARE LICENSED "AS IS", AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
9. LIMITATION OF LIABILITY. A. Licensor`s cumulative liability to User or any other party for any loss or damages resulting from any
claims, demands, or actions arising out of or relating to this LICENSE AGREEMENT shall not exceed the License Fee paid to
Licensor for the use of the SOFTWARE PRODUCT. In no event shall Licensor be liable for any indirect, incidental, consequential,
special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages.
IN ADDITION THE LICENSOR`S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE LIABLE FOR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LOST PROFITS, RESULTING FROM THE USE
OR NON-USE OF THE INFORMATION CONTAINED THEREIN. SUCH LIMITATIONS TO CONSEQUENTIAL AND INCIDENTAL
DAMAGES IS IN EFFECT AND FULL FORCE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT END-USER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER.
B. All nutrient information portrayed in the SOFTWARE PRODUCT is based on the best available and most accurate government and
private research at the time of publication. The documents and related graphics published in the SOFTWARE PRODUCT could
include technical inaccuracies or typographical errors. Licensor may make improvements and/or changes in the products and/or
programs described herein at any time without notice.
C. The Licensor and Nutrilab make no specific health, nutrition or exercise recommendations. The HealthKeeper SOFTWARE
PRODUCT is a record keeping software tool. The accuracy of its records depends entirely upon the accuracy of the information the
user enters into it. Those individuals with heart and cardiovascular conditions, diabetes, hypoglycemia, kidney disease, stroke, gout,
the very elderly, growing children, adolescents, pregnant or lactating women or anyone under medical care for any other condition
should only get their proper diets, daily caloric intake and nutrient recommendations directly from or approved by their doctor,
dietitian, nutritionist or other qualified health professional before beginning any diet program or using the HealthKeeper SOFTWARE
PRODUCT or the Performance Diet Online program. Before beginning any exercise program or using the HealthKeeper SOFTWARE
PRODUCT or the Performance Diet Online program consult an exercise, fitness and/or medical professional for specific
D. The HealthKeeper SOFTWARE PRODUCT and the Performance Diet Online program is intended for individuals over the age of 18.
If you are under 18, you must obtain written permission from a parent or guardian who has read these and our other disclaimers and
E. Always seek the advice of your physician, nutritionist or qualified health professional with any and all questions you may have
regarding a medical or nutritional condition. The information found in the HealthKeeper SOFTWARE PRODUCT and the Performance
Diet Online is not intended to diagnose, treat cure or prevent any disease or medical condition. Do not rely on such information for
disease or medical treatment, cure or prevention. Any information found in the HealthKeeper SOFTWARE PRODUCT or the
Performance Diet Online program is not intended in any way to be a substitute for professional medical or nutritional advice. Do not
disregard advice or not seek advice from a medical or nutritional professional because of something you have read in the
HealthKeeper SOFTWARE PRODUCT or the Performance Diet Online program.
F. Because the HealthKeeper SOFTWARE PRODUCT and the Performance Diet Online program was not designed or intended for
medical diagnosis, treatment or prevention, HealthKeeper Inc. is not responsible or legally libel for any health and fitness
recommendations, sample personal profiles, food lists, meal plans, recipes etc. used in this SOFTWARE PRODUCT or the
Performance Diet Online program andor given to you that are created or owned by any other individual or organization. Any sample
personal profiles, food lists, meal plans, recipes etc. are provided in the SOFTWARE PRODUCT are provided for informational
purposes only. Use of any information within the HealthKeeper SOFTWARE PRODUCT or the Performance Diet Online program is at
your sole risk. You use or continuing use of the HealthKeeper SOFTWARE PRODUCT or The Performance Diet Online program
constitutes your acknowledgement of these important limitations of liability.
G. Nutrilab does not make any representations or warranties to the accuracy of any material provided by any content provider
and is not liable for anything contained in such material. THE GLYCEMIC RESEARCH PROVIDED BY NUTRILAB WITHIN THE
HEALTHKEEPER SOFTWARE PRODUCT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALWAYS SEEK THE
ADVICE OF YOUR PHYSICIAN, NUTRITIONIST, OR QUALIFIED HEALTH PROVIDER WITH ANY AND ALL QUESTIONS YOU MAY
HAVE REGARDING A MEDICAL OR NUTRITIONAL CONDITION. THE GLYCEMIC RESEARCH PROVIDED BY NUTRILAB FOUND
IN THE HEALTHKEEPER IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL
CONDITION. DO NOT RELY ON THE GLYCEMIC RESEARCH INFORMATION FOR DISEASE OR MEDICAL TREATMENT, CURE
OR PREVENTION. THE GLYCEMIC RESEARCH PROVIDED BY NUTRILAB FOUND IN THE HEALTHKEEPER IS NOT INTENDED
IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NUTRITIONAL ADVICE. DO NOT DISREGARD ADVICE
OR NOT SEEK ADVICE FROM A MEDICAL OR NUTRITIONAL PROFESSIONAL BECAUSE OF SOMETHING YOU HAVE READ IN
THE GLYCEMIC RESEARCH PROVIDED BY NUTRILAB. USE OF THE GLYCEMIC RESEARCH PROVIDED BY NUTRILAB IS AT
YOUR SOLE RISK. HEALTHKEEPER NEITHER REPRESENTS OR ENDORSES THE ACCURACY OR RELIABILITY OF ANY
CONTENT CONTAINED IN THE GLYCEMIC RESEARCH PROVIDED BY NUTRILAB. RELIANCE UPON SUCH CONTENT OR
INFORMATION SHALL BE AT YOUR OWN RISK.
H. HEALTHKEEPER INC., NUTRILAB, AND ITS LICENSORS DO NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED
IN THE SOFTWARE PRODUCT COMPLIES WITH GOVERNMENT LABELING REGULATIONS. HEALTHKEEPER INC., NUTRILAB
AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, COMPLETENESS,
ACCURACY, CURRENTNESS OR TIMELINESS OF THE CONTENT, ON OR THROUGH THE USE OF THE SOFTWARE PRODUCT.
10. GOVERNING LAW. This LICENSE AGREEMENT shall be construed and governed in accordance with the laws of the State of
Colorado and the United States of America.
11. COSTS OF LITIGATION. If any action is brought by either party to this LICENSE AGREEMENT against the other party regarding
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.
12. SEVERABILITY. Should any court of competent jurisdiction declare any term of this LICENSE AGREEMENT void or
unenforceable, such declaration shall have no effect on the remaining terms hereof.
13. NO WAIVER. 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.
14. CONTENT APPROPRIATENESS. HEALTHKEEPER INC. is based in Colorado, in the United States of America. HealthKeeper
Inc. makes no claims that the Content may be accessed, downloaded, viewed, or is appropriate for use outside of the United States.
Access to the Content may not be legal in certain countries or for certain persons. Access of the program from outside the United
States is done so at your own risk and you are responsible for complying with the laws of our jurisdiction.
Freely Distribute! We are the copyright holders for all graphics and sounds in this program.
P O Box 1304
Ignacio, CO 81137