End user agreement for Basal Metabolic Rate Counter
BMR Calculator Software License Agreement. Notice to user: by installing and using the software you accept all the terms and conditions of this license agreement. The Software is an intellectual property of the Author. The Software is licensed, not sold. You may download, copy, install, use or otherwise benefit from the functionality or intellectual property of the Author only in accordance with the terms of this license agreement. 1. Definitions. "Author" means Actabit Weight Loss. "Software" means the Author's software program, BMR Calculator, and corresponding documentation, associated media, printed materials, and online or electronic documentation, upgrades, updates and additions to such information provided to you by the Author at any time. "Permitted Number" means one unless otherwise indicated under a valid license (e.g., volume license, site license) granted by the Author. "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version. 2. Software License. The Author grants you a non-exclusive license to use the Software in the manner and for the purposes described in the Documentation. 2.1 General Use. You may install and use the Software on up to the Permitted Number of computers. 2.2 External Drive Use. You may install the Software on up to the Permitted number of external drives. You may use the Software on the computer the external drive is connected to. 2.3 Portable or Home Computer Use. You may not make a second copy of the software to install it on a portable computer or a second computer if you do not have a license for the second computer. You need a license for each separate computer on which the Software is installed and run. 2.4 Server Deployment. You may install the Software on a file server for the purpose of downloading and installing the software on up to the Permitted Number of computers in the internal network. 2.5 Server Use. You may install the Software on a file server for the purpose of using the Software through commands and instructions (for example, scripts) from up to the Permitted Number of local workstations in the internal network. 2.6 Backup Copy. You may make a reasonable number of backup copies of the Software. You may not sell or transfer any copy of the Software made for backup purposes. Backup copies can be used only for archival purposes. 3. Distribution of the Trial Version. Provided that you verify that you are distributing the trial version, you are hereby licensed to make as many copies of the unmodified trial version of the Software as you wish; give exact copies of the original trial version to anyone; and distribute the trial version of the Software in the unmodified form via any means (including, but not limited to, online distribution via the Internet, and CDROM/DVDROM distribution). There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the Software as a part of other product or service (commercial or otherwise) without prior permission. 4. Activation. The Software may include product activation and other technology designed to prevent unlicensed or illegal use of the Software. You agree that the Author may use those measures and you agree to follow any requirements regarding such technological measures. If you do not follow the activation process described in the Documentation and in the Software, the activation technology may prevent you from using the Software. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. Typically, you can activate a product up to 10 times on your computer. After you have reached the allowed number of activations, you may need to contact customer support and/or buy another license. You have a 30-day grace period in which to activate the Software. If the grace period expires and you have not completed activation, all features of the Software except the product activation feature will stop working. Product activation is based on the exchange of information between your computer and the Author. None of this information contains personally identifiable information. It cannot be used to identify any personal information about you. It may contain some characteristics of your computer configuration. 5. Intellectual Property Ownership. The Software and any copies that you make are the intellectual property of the Author. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. All rights not expressly granted are reserved by the Author. 6. Submissions. Should you transmit any information, feedback, data, questions, comments, suggestions, or the like to Actabit Weight Loss (including but not limited to ideas, concepts, or techniques for new or improved services and products), you agree such submissions shall be deemed non-confidential and you automatically grant Actabit Weight Loss a royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, use, copy, transmit, distribute, create derivative works of, display, and perform the same. 7. Restrictions. 7.1 No Modifications. You may not alter, merge, modify, adapt or translate the Software without a written permission from the Author. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of the Software. You shall not use the Software to develop any application having the same primary function as the Software. You may not create derivative works based upon the Software. 7.2 No Unbundling. The Software may include various components and support multiple languages. You are not required to use all component parts of the Software but you may not unbundle the Software without written permission from the Author. 7.3 No Transfer. You may not rent, lease, or sublicense the Software. You may not authorize the serial numbers of the Software to be copied onto another individual or legal entity's computer. However, you may transfer all your rights to use the Software to another individual or legal entity provided that you transfer the Software and all the files and Documentation included with the Software (including this license agreement), the unlock codes (serial numbers) for the Software and you retain no upgrades, updates or copies (including backups) of the Software and the unlock codes, and the receiving party accepts the terms and conditions of this license agreement and any other terms and conditions under which you purchased a license to the Software. 8. Updates. You may use the upgrade or update to a previous version of the Software only if you have a valid license to such previous version. 9. DISCLAIMER. THE AUTHOR PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES AND ONLINE SERVICES AS-IS AND WITH ALL THE FAULTS AND EXPRESSIVELY DISCLAIMS ALL THE WARRANTIES, CONDITIONS OR TERMS AS TO ANY MATTER INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. THE AUTHOR SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10. LIMITATION OF LIABILITY. IN NO EVENT WILL THE AUTHOR OR ITS AFFILIATES BE LIABLE FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OR CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF THE AUTHOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. AUTHOR'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. 11. Specific Provisions. 11.1 You are required to make backup copies of your computer data. 11.2 Pre-Release Software Additional Terms. This section applies to using pre-commercial release or beta software. The pre-release Software is not a final product by the Author and may contain bugs, errors and other problems that could cause system or other failures and data loss. You will destroy all copies of pre-release Software upon the first request from the Author. Your use of pre-release Software is at your own risk. 11.3 Tryout, Additional Terms. If the Software is tryout (trial version), the following section applies. The tryout Software may contain limited functionality. The tryout Software is to be used for demonstration and evaluation purposes only. Your use of tryout Software is at your own risk. 11.4 Time Out Software. If the Software is a timeout version then it will cease operations when the trial period is expired. The trial period may expire before the designed period of time or number of launches after installation to prevent unauthorized use of the Software. The license hereunder will terminate after the trial period expires unless extended by the Author upon your acquisition of a full retail license. Access to any files or output created with time out Software is at your own risk. 11.5 Third-Party Sites. The Author does not control or accept responsibility for websites, products or services offered by third parties. 12. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the export laws, restrictions or regulations. 13. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. 14. License Termination. In the event that you fail to comply with this license, the Author may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this license surviving any such termination).