Digi-Star Diet Manager Set-up & User Guide - Manual (Page 2)

Set-up and User Guide
08/31/05
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 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.