Digi-Star Diet Manager Full Guide - Manual (Page 2)

2 Diet Manager User’s Guide
Digi - Star ® LLC
SOFTWARE LICENSE AGREEMENT
IMPORTANT: The Digi-Star ® software being installed by you or by our technical staff will be licensed to you, the licensee, on the condition
that you agree with DIGI-STAR ® LLC ("Digi-Star") to the terms and conditions set forth in this legal agreement. PLEASE READ THIS
AGREEMENT CAREFULLY, YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU INSTALL, OR IF YOU HAVE
DIGI-STAR
® 'S TECHNICAL STAFF OR AUTHORIZED REPRESENTATIVE INSTALL SOFTWARE FOR YOU. If you do not agree to the
terms contained in this agreement, please return the disk package to your dealer for a full refund, or do not have a Digi-Star ® technician or
authorized representative install this software. Once you have allowed the software to be installed you are bound by this agreement.
If you agree to these terms and conditions, Digi-Star
® grants to you a nonexclusive license to use the accompanying software (the
"Software") and documentation. The Software and the documentation are referred to in this Agreement as the "Licensed Material".
1. Ownership
The Licensed Materials are the sole and exclusive property of Digi-Star
® and are protected by U.S. Copy Right Law and international Treaty
Provisions. By paying the license fee and by installing, or by allowing a Digi-Star ® technical or authorized representative to install the software,
you do not become the owner of the Licensed Material according to the terms of this agreement.
2. License
The license granted to you by Digi-Star
® in this agreement authorizes you to use the Software on any single computer, or any replacement for that
computer. The Software may not be used on a Network Server. A separate disk, licensed under an additional software agreement, is required for
any other computer on which you wish to load the Software. YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIAL IN
WHOLE OR PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
3. Term
This Agreement is effective from the date on which you open the sealed disk package and installed the Software or have the Software installed by
Digi-Star
® . This agreement may be terminated by you at any time by destroying the Licensed Material, together with all copies, modifications and
merged portions in any form. It will also terminate automatically if you fail to comply with any term of condition of this agreement.
4. Restrictions
and Transfer
You may not sublicense, assign, share, rent, lease, or otherwise transfer your right to use the Licensed Material, nor any other rights granted to
you under this agreement, except stated in this paragraph. You may permanently transfer the software to any other party if the other party is
purchasing your business operation, the other party agrees to the terms and conditions of this agreement, you transfer all copies of the Licensed
Material to that party, or destroy those which are not transferred and that new party pays a license transfer fee of 25% of the original license fee.
By such transfer, you terminate the license granted to you in this agreement.
5.
Restrictions against copying or modifying the Licensed Material
The Licensed Materials are copyrighted by Digi-Star ® . Except as expressly permitted in this agreement, you may not copy or otherwise reproduce
the Licensed Materials. In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile,
disassemble, or electrically transfer the Software in any form, in whole or in part, or of any modification of the Software, or any updated work
containing the Software, or any part thereof. You also agree not to remove any existing copyright notice of the License Materials.
6.
Protection and Security
You agree to use your best efforts and take all reasonable steps to safeguard the License Materials to ensure that no unauthorized person has
access to them and that non authorized copying, publication, disclosure, or distribution of any of the Licensed Material is made. You
acknowledge that the Licensed Materials contain valuable, confidential, and trade secrets and that unauthorized use and copying are harmful to
Digi-Star
® and its software suppliers, and that you have the confidential obligation on such valuable information and trade secrets.
7. Limited
Warranty
Digi-Star ® warrants that the media on which the Software is recorded will be free from defects in workmanship and materials for a period of 90
(ninety) days from the payment of the license fee, and if Digi-Star ® determines the media to be defective and provided the media was not subject
to misuse, abuse, or use in defective equipment, Digi-Star ® will replace the media. ALL IMPLIED WARRANTIES ON THE MEDIA,
INCLUDING IMPUTED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE.
IN NO EVENT WILL DIGI-STAR
® OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY AND INSTALLATION OF THE LICENSE MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, OR
CONSEQUENTIAL DAMAGES, IN NO EVENT SHALL DIGI-STAR
® 'S OR SUCH OTHER PARTY'S LIABILITY FOR ANY
DAMAGE, OR LOSS TO YOU OR ANY OTHER PARTY EXCEED DIGI-STAR REPLACING THE MEDIA ON WHICH THE
LICENSED MATERIALS HAS SUPPLIED.
8. General
If any provision or of portion of a provision of this Agreement is determined to be invalid under any applicable law, it shall be deemed omitted
and the remaining provision and partial provisions of this Agreement shall continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements,
statements and undertakings are hereby expressly canceled.