End user agreement for InstantStretch
INSTANTSTRETCH END-USER LICENSE AGREEMENT
This InstantStretch End-User License Agreement ("EULA") is a legal Agreement between you (either an individual or a single entity) and The Stretching Institute for the Software identified above, which includes the User's Manual, any associated Software components, any media, any printed materials other than the User's Manual, and any online or electronic documentation.
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software. If the Software was mailed to you, return the media envelope along with the rest of the package to the location where you obtained it within 30 days from purchase.
1. Grant of License. This software is licensed, not sold. Subject to the restrictions set forth below, this Agreement grants you a non-exclusive, non-transferable, royalty-free license to install and use one (1) copy of the specified version of the Software, for internal purposes only, on one (1) computer only.
2. Ownership. The license granted hereunder does not constitute a transfer or sale of The Stretching Institute's ownership rights in or to the Software. Except for the license rights granted above, The Stretching Institute retains all right, title and interest in and to the Software, including all intellectual property rights therein. The Software is protected by applicable intellectual property laws, including, but not limited to, world wide copyright laws and international treaties.
3. License Restrictions. YOU MAY NOT RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You may not reverse engineer, decompile, or disassemble the Software. You may not remove or destroy any copyright notices or other proprietary markings. You may not modify or adapt the Software, merge the Software into another program or create derivative works based on the Software. You may not use, copy, or distribute the Software without The Stretching Institute's authorization, except that you may make one (1) copy of the Software for archival or back-up purposes only.
4. Copyright. The Software is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of The Stretching Institute and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
5. Confidentiality. You shall hold in the strictest confidence the Software and any related materials or information including, but not limited to, any technical data, research, product plans or know-how provided by The Stretching Institute to you, either directly or indirectly in writing, orally or by inspection of tangible objects (“Confidential Information”). You shall not disclose any Confidential Information to third parties, including any of your employees who do not have a need to know such information and you shall take reasonable measures to protect the secrecy of, and to avoid disclosure and unauthorized use of, the Confidential Information. You shall immediately notify The Stretching Institute in the event of any unauthorized or suspected use or disclosure of the Confidential Information.
6. Termination. This Agreement shall be effective upon installation of the Software and SHALL TERMINATE UPON THE EARLIER OF: (a) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT; OR (b) RETURN, DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. The Stretching Institute's rights and your obligations shall survive the termination of this Agreement. Upon termination of this Agreement by The Stretching Institute, you shall certify in writing to The Stretching Institute that all copies of the Software, or any portion thereof, have either been returned to The Stretching Institute or otherwise destroyed or deleted from any of your computer libraries or storage devices.
7. NO OTHER WARRANTIES. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STRETCHING INSTITUTE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY AND FITNESS FOR YOUR PURPOSE WITH RESPECT TO THE SOFTWARE.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE STRETCHING INSTITUTE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF THE STRETCHING INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE STRETCHING INSTITUTE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF US$1.00 OR THE LICENSE FEE PAID BY YOU.
9. Trademarks. The Software and the documentation may constitute trademarks of The Stretching Institute or third parties. You are not authorized to use any such trademarks.
10. General. This Agreement is governed by the laws of the State of Queensland, Australia. Any dispute between you and The Stretching Institute regarding this Agreement shall be subject to the exclusive jurisdiction of the state or federal courts located in Queensland, Australia in connection with any action arising under this Agreement. This Agreement is the entire agreement between you and The Stretching Institute and supersedes any other communications with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.
11. Questions. Should you have any questions concerning this Agreement, or if you desire to contact The Stretching Institute for any reason, please contact us via our web site at www.TheStretchingInstitute.com <http://www.thestretchinginstitute.com/>.