Fitness Assistant 3.7
Copyright (c) 2003-2015 X3M Consulting Ltd
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Fitness Assistant 3.7("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by X3M Consulting Ltd your use of Fitness Assistant 3.7 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, X3M Consulting Ltd grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Fitness Assistant 3.7 in accordance with this Agreement and any other written agreement with X3M Consulting Ltd. X3M Consulting Ltd does not transfer the title of Fitness Assistant 3.7 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between X3M Consulting Ltd and the purchasers or users of Fitness Assistant 3.7.
If you do not agree to be bound by this agreement, remove Fitness Assistant 3.7 from your computer now and, if applicable, promptly return to X3M Consulting Ltd by mail any copies of Fitness Assistant 3.7 and related documentation and packaging in your possession.
Fitness Assistant 3.7 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Fitness Assistant 3.7 contact X3M Consulting Ltd.
3. USER AGREEMENT
Your license to use Fitness Assistant 3.7 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Fitness Assistant 3.7.
3.2 Use Restrictions
You shall use Fitness Assistant 3.7 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Fitness Assistant 3.7 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Fitness Assistant 3.7 may be used on unlimited computer locations by one user and all members of his/her household. Use of Fitness Assistant 3.7 means that you have loaded, installed, or run Fitness Assistant 3.7 on a computer or similar device. If you install Fitness Assistant 3.7 onto a multi-user platform, server or network, each and every individual user that is not a member of your househould must be licensed separately.
The assignment, sublicense, networking, sale, or distribution of copies of Fitness Assistant 3.7 are strictly forbidden without the prior written consent of X3M Consulting Ltd. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Fitness Assistant 3.7. If any person other than yourself or other members of your household use Fitness Assistant 3.7 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Fitness Assistant 3.7. Nor can you create any derivative works or other works that are based upon or derived from Fitness Assistant 3.7 in whole or in part.
X3M Consulting Ltd's name, logo and graphics file that represents Fitness Assistant 3.7 shall not be used in any way to promote products developed with Fitness Assistant 3.7 . X3M Consulting Ltd retains sole and exclusive ownership of all right, title and interest in and to Fitness Assistant 3.7 and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Fitness Assistant 3.7, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for X3M Consulting Ltd.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend X3M Consulting Ltd , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of X3M Consulting Ltd's Software.
In no event (including, without limitation, in the event of negligence) will X3M Consulting Ltd , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Fitness Assistant 3.7 or the use or inability to use Fitness Assistant 3.7 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
X3M Consulting Ltd's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by X3M Consulting Ltd ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to X3M Consulting Ltd.
Except as expressly stated in writing, X3M Consulting Ltd makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Bulgaria applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Bulgaria therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Fitness Assistant 3.7 and destroy all copies of Fitness Assistant 3.7 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Fitness Assistant 3.7 AS WELL.
5. CONSENT OF USE OF DATA
You agree that X3M Consulting Ltd may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Fitness Assistant 3.7. X3M Consulting Ltd may also use this information to provide notices to you which may be of use or interest to you.