END-USER LICENSE AGREEMENT FOR WEIGHT LOSS PROGRAM
IMPORTANT - READ CAREFULLY: This End User License Agreement
("EULA") is a legal agreement between you (either an individual
or a single entity) and QSX Software Group ("the Author") for
the software product identified above, which includes
computer software and associated media, and may include
electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE").
By installing, copying, or otherwise using the SOFTWARE
PRODUCT, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, you may not
use the SOFTWARE PRODUCT.
Without prejudice to any other rights, QSX Software Group may
terminate this EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE PRODUCT and all of its component parts.
1. GRANT OF LICENSE
You may use a copy of the evaluation version of the SOFTWARE
PRODUCT, (comprising the evaluation version of the program and
any accompanying documentation), for evaluation purposes only
without charge during the evaluation period authorized by the
Author of this SOFTWARE PRODUCT. If you continue to use the
SOFTWARE PRODUCT after expiry of the evaluation period you must
obtain a valid single-user or a multi-user license from the
Author of this SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold. If you have a valid
single-user license, you have the right to use a single "Licensed
Copy" of the SOFTWARE PRODUCT; if you have a valid multi-user
license, then you have the right to use up to a number of "Licensed
Copies" of the SOFTWARE PRODUCT equal to the number of copies
indicated in the documents issued by the Author of this SOFTWARE
PRODUCT when granting the license.
Each Licensed Copy of the SOFTWARE PRODUCT may either be used by
a single person who uses the software personally on one or more
computers, or installed on a single workstation used
nonsimultaneously by multiple people, but not both. This is not
a concurrent use license.
Each Licensed Copy may be accessed through a network, provided
that you have purchased rights to use a Licensed Copy for each
workstation that will access the SOFTWARE PRODUCT through the
network.
2. 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 PRODUCT as you wish;
give exact copies of the original trial version to anyone;
and distribute the trial version of the SOFTWARE PRODUCT and
accompanying materials in their 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 PRODUCT and/or accompanying materials as a part of
other product or service (commercial or otherwise) without prior
permission.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
All rights of any kind in the SOFTWARE PRODUCT which are not
expressly granted in this License are entirely and exclusively
reserved to and by QSX Software Group. You may not rent, lease,
modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on the SOFTWARE PRODUCT, nor
permit anyone else to do so. You may not make access to the
SOFTWARE PRODUCT available to others in connection with a
service bureau, application service provider, or similar
business, nor permit anyone else to do so.
You may permanently transfer all of your rights under this
EULA, provided you retain no copies, you transfer all of the
SOFTWARE PRODUCT (including all component parts, the media and
printed materials, any upgrades and this EULA), and the recipient
agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an
upgrade, any transfer must include all prior versions of the
SOFTWARE PRODUCT.
You understand and agree that the SOFTWARE PRODUCT may
automatically transmit certain information related to the SOFTWARE
PRODUCT and its use and operation to QSX Software Group (including,
but not limited to, diagnostic information regarding the performance
of the SOFTWARE PRODUCT and the software and hardware
configuration that the SOFTWARE PRODUCT is being used on).
You understand and agree that the contents of all communications
between you and QSX Software Group, whether oral or written
(including, but not limited to, corrections to problems in the
SOFTWARE PRODUCT, feature suggestions or requests, ideas,
concepts and technologies) is the property of QSX Software
Group and may be used by QSX Software Group without any
accounting or any payment to you. In no event shall QSX Software
Group be liable for any payment to you for any information you
provide, whether related to the SOFTWARE PRODUCT or otherwise,
no matter how this information is used.
4. UPGRADES
If the SOFTWARE PRODUCT is an upgrade, you must be properly
licensed to use a product identified by QSX Software Group as
being eligible for the upgrade in order to use the SOFTWARE PRODUCT.
A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements
the product that formed the basis for your eligibility for the
upgrade. You may use the resulting upgraded product only in
accordance with the terms of this EULA. If the SOFTWARE PRODUCT is
an upgrade of a component of a package of software programs that
you licensed as a single product, the SOFTWARE PRODUCT may be used
and transferred only as part of that single product package.
5. OWNERSHIP, COPYRIGHTS, AND TRADEMARKS
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties.
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 exclusively owned by QSX Software
Group, its licensors, and/or respective third parties. This EULA
does not transfer any ownership rights or any other interest in the
SOFTWARE PRODUCT and any materials that accompany the SOFTWARE
PRODUCT to you.
Weight Loss Program™ is a trademark of QSX Software Group. All other
trademarks, service marks, trade names, product names and company
names or logos mentioned in this SOFTWARE PRODUCT, are the property
of their respective owners.
All artwork contained in this SOFTWARE PRODUCT or in any materials
that accompany this SOFTWARE PRODUCT (including, but not limited to,
electronic documentation, help files, text files, and graphic files),
is fictional. Any similarity or likeness to real persons, living or
dead, events, organizations and institutions, company names, product
names, website addresses, color schemes, logos, trademarks, trade
names, service names, or slogans is purely coincidental and should
not be viewed as a challenge to any rights of the respective owners.
No right or license to any trademarks owned by QSX Software Group,
its licensors, or any third parties appearing in the SOFTWARE PRODUCT,
or in any materials that accompany the SOFTWARE PRODUCT, is granted to
you by this EULA.
6. DISCLAIMER OF WARRANTY
DISCLAIMER OF WARRANTY: THE AUTHOR OF THIS SOFTWARE PRODUCT
EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT.
THIS SOFTWARE PRODUCT AND ANY MATERIALS THAT ACCOMPANY THIS
SOFTWARE PRODUCT (INCLUDING, BUT NOT LIMITED TO, ELECTRONIC
DOCUMENTATION, EXAMPLE FILES, PREVIEW IMAGES, AND
ILLUSTRATIONS), ARE PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT OF
THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE
OR PERFORMANCE OF THIS SOFTWARE PRODUCT REMAINS WITH YOU.
THE SOFTWARE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED
FOR USE IN ANY ENVIRONMENT WHICH REQUIRES FAIL-SAFE OPERATION
(INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF EMERGENCY
RESPONSE SERVICES, AIRCRAFT OR NAUTICAL NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, NUCLEAR
FACILITIES, AND WEAPONS SYSTEMS) OR IN ANY OTHER SITUATION IN
WHICH THE FAILURE OF THE SOFTWARE PRODUCT COULD LEAD TO
DEATH,PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE. THE AUTHOR OF THIS SOFTWARE PRODUCT SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
SUCH PURPOSES.
THIS SOFTWARE PRODUCT IS NOT DESIGNED, MANUFACTURED,
INTENDED, OR LICENSED FOR USE BY PERSONS WHO SUFFER FROM
ANY MEDICAL CONDITION THAT MAY CAUSE CONVULSIONS, FITS,
SEIZURES, LOSS OF CONSCIOUSNESS OR LOSS OF CONTROL AS A
RESPONSE TO A VISUAL STIMULUS SUCH AS FLASHING OR
FLICKERING LIGHT (INCLUDING, BUT NOT LIMITED TO,
PHOTOSENSITIVE EPILEPSY AND REFLEX EPILEPSY).
THIS SOFTWARE PRODUCT IS INTENDED FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR
PROFESSIONAL MEDICAL ADVICE. THIS SOFTWARE PRODUCT IS
NOT INTENDED FOR USE BY PERSONS WITH CARDIOVASCULAR,
GASTROINTESTINAL, LIVER AND KIDNEY DISORDERS; ANEMIA,
GALLSTONES, OSTEOPOROSIS AND ASTHMA; BY PREGNANT AND
BREAST-FEEDING WOMEN OR BY CHILDREN UNDER THE AGE OF
16. THERE IS NO GUARANTEE AS TO THE ACCURACY,
RELIABILITY OR TIMELINESS OF ANY INFORMATION PRESENTED
BY, OR CONTAINED IN, THE SOFTWARE PRODUCT. PLEASE
CONSULT WITH YOUR DOCTOR BEFORE ATTEMPTING TO MAKE
ANY SIGNIFICANT CHANGE IN YOUR WEIGHT.
LIMITATION OF LIABILITY: IN NO EVENT SHALL THE AUTHOR
OF THIS SOFTWARE PRODUCT BE LIABLE TO ANY THIRD PARTY FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR
INDIRECTLY BY THE USE OF, OR IN CONNECTION WITH THIS
SOFTWARE PRODUCT (INCLUDING, BUT NOT LIMITED TO, LOSS
OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE),
EVEN IF THE AUTHOR OF THIS SOFTWARE PRODUCT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AUTHOR OF THIS SOFTWARE PRODUCT DOES NOT WARRANT THAT
THE SOFTWARE PRODUCT IS ERROR-FREE OR WILL OPERATE
WITHOUT INTERRUPTION. THE AUTHOR OF THIS SOFTWARE PRODUCT
ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN,
AND MAKES NO WARRANTIES AS TO THE ACCURACY, RELIABILITY,
OR TIMELINESS OF ANY INFORMATION PRESENTED IN THIS SOFTWARE
PRODUCT, OR IN ANY MATERIALS THAT ACCOMPANY THE SOFTWARE
PRODUCT, OR IN ANY DOCUMENTS OR WEBSITES WHICH ARE
REFERENCED BY THIS SOFTWARE PRODUCT.
7. EXPORT RESTRICTIONS
This software product is subject to United States export controls
and may be subject to export and import regulation in other
countries. This SOFTWARE PRODUCT may not be exported or re-exported:
(1) into (or to a national or resident of) Afghanistan, Cuba,
Iran, Iraq, Libya, North Korea, Syria, Serbia and Sudan or any
other country to which the United States has embargoed goods;
(2) to anyone on the United States Treasury Department's list of
Specially Designated Nationals or the United States Commerce
Department's Table of Denial and Prohibition Orders; or
(3) persons engaged in the manufacture or sale of weapons
of mass destruction. By installing, copying or otherwise using
this SOFTWARE PRODUCT, you are agreeing to all applicable export
control laws. You are also warranting that you are not under
the control of, located in, or a resident or national of any
such country or on any such list. The information on export
laws provided herein is not necessarily complete and is subject
to change without notice.