License Agreement with DietPower, Your

 

In Brief

 

The license agreement for the Personal Edition of DietPower says that up to four persons who live year-round in your household can use the program on any number of computers anywhere -- as long as only those for persons use it.

 

Important: If you buy DietPower by downloading to your computer or by purchasing a key to unlock a free trial, you will need to buy Spare Keys for your other computers. To avoid this extra expense, include a CD-ROM copy of DietPower with your order. This will entitle you to free Spare Keys if you need them.

 

License agreements for the Consultant, Classroom, and Large Group editions are different. See below.

 

Details

 

Following is the complete license agreement that DietPower installers approve by clicking the button labeled "I agree" during installation. If you have questions about the agreement, see Diet Power, Inc., Contacting.

 


 

IMPORTANT! READ FIRST!

 

License Agreement

 

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE ATTEMPTING TO RUN THIS SOFTWARE.

 

DIETPOWER® IS COPYRIGHTED AND LICENSED (NOT SOLD). BY OPENING THIS PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN DIETPOWER FOR A REFUND. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING DIETPOWER BETWEEN YOU AND DIETPOWER, INC., AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

 

DietPower and its associated materials ("the program") are manufactured by DietPower, Inc., headquartered in Danbury, CT 06811. All versions of the program are protected by copyright and trademark law, international copyright treaties, and other laws and treaties regarding intellectual property.

 

This agreement covers five versions of DietPower:

  1. The Trial Copy

  2. The Personal Edition

  3. The Consultant Edition

  4. The Large Group Edition

  5. The Classroom Edition

All five versions perform the same functions, but the Trial Copy works for a limited time only, while the other four editions work indefinitely.

 

In cases where the time limit has been removed from a Trial Copy, it is considered a Personal Edition unless additional rights have been appended to convert it to a Consultant Edition, a Large Group Edition, or a Classroom Edition.

 

DietPower is licensed, not sold. You have a license to use the Trial Copy at no charge. You may also make copies of the Trial Copy and distribute them to as many people as you like, so long as you do not charge for the copies or enable any recipient to convert them into any of the four other editions without DietPower's permission.

 

You have a license to use the Personal Edition, the Consultant Edition, the Large Group Edition, or the Classroom Edition only if a) you obtained your copy of that edition from DietPower or one of that company's authorized representatives, or as part of a software package preinstalled by legal arrangement with DietPower on a computer that you purchased, or by converting a Trial Copy into that edition with DietPower's permission, and b) you agree to the terms below.

 

If you install, copy, or otherwise use the Personal Edition, the Consultant Edition, the Large Group Edition, or the Classroom Edition, your agreement is assumed. If you do not agree, DietPower is unwilling to grant you a license, and you should return the program for a refund.

 

TERMS FOR ALL EDITIONS

 

The following terms apply to all five editions:

  1. Even if DietPower was delivered to you in more than one medium (both CD-ROM or DVD and magnetic diskettes, for example), these are deemed to be a single copy of the program.
     

  2. If any edition is upgraded or downgraded to some other edition, the terms of this agreement are superseded by those for that edition.
     

  3. DietPower is licensed only for use with a computer. The program may not be used in any other way.
     

  4. Reverse-engineering, decompiling, or disassembling any version of DietPower is not permitted under this agreement.
     

  5. You may not sell, license, or otherwise transfer the data in DietPower's food, recipe, and exercise dictionaries to any third party.
     

  6. DietPower and its associated materials come with restricted rights, as described in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19.|
     

  7. Although DietPower has tried to make DietPower accurate and reliable, people differ in their dietary needs, and nutrition is not an exact science. For these reasons, DietPower cannot be held liable for the results of any regimen created with the program. A person's diet should always take into account the advice of a physician.
     

  8. This license agreement is effective upon your agreement or upon your installing or running the program and will continue until terminated. You may terminate this license at any time by returning the program and all copies thereof and extracts therefrom to DietPower, Inc. DietPower, Inc., may terminate this license upon the breach by you of any term hereof. Upon such termination, you agree to return to DietPower the program and all copies thereof.
     

  9. DietPower, Inc., warrants, for the sole benefit of the original licensees, for 30 days from the date of commencement of this license agreement (the "warranty period"), that the disks and/or diskettes in which the program is contained are free from defects in material and workmanship. DietPower, Inc., further warrants, for the sole benefit of the original licensees, that during the warranty period the program will operate substantially in accordance with the program's functional specifications.
     

  10. If, during the warranty period, a defect in the program appears, you may return the program to DietPower, Inc., for either replacement or, if so elected by DietPower, Inc., a refund. You agree that the foregoing constitutes your sole and exclusive remedy for breach by DietPower, Inc., of any warranties under this agreement.
     

  11. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM IS LICENSED "AS IS," AND DIETPOWER, INC., DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
     

  12. DietPower, Inc.'s, liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising from or relating to this agreement shall not exceed the license fee paid to DietPower, Inc., for the use of the program. In no event shall DietPower, Inc., be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits.
     

  13. This license agreement shall be construed and governed by the laws of the State of Connecticut.
     

  14. If any action is brought by either party to this agreement against the other party concerning the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
     

  15. Should any term of this agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
     

  16. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

TERMS FOR THE PERSONAL EDITION
 

Besides the TERMS FOR ALL EDITIONS listed above, the following terms apply to the Personal Edition:
 

  1. Up to three other people are also licensed to use your copy of the Personal Edition, provided all live in your household. You and these other people are termed the "original licensees."
     

  2. Any of these original licensees may copy the Personal Edition onto any number of computers, so long as each copy is used only by the original licensees, and only in accordance with the terms of this agreement.
     

  3. The Personal Edition may be used only for the personal health management of the original licensees, not for advising business clients, club members, medical patients, or other persons not residing in your household, nor for lease or rental to other agents.

TERMS FOR THE CONSULTANT EDITION

 

Besides the TERMS FOR ALL EDITIONS listed above, the following terms apply to the Consultant Edition:

  1. You may install the Consultant Edition on as many as two computers, provided you are the only person who uses those installations.
     

  2. The Consultant Edition may be used not only for your personal health management, but also for advising up to 200 business clients, club members, medical patients, or other persons not residing in your household.  (You may increase this number by purchasing additional slots from DietPower, Inc.)
     

  3. The Consultant Edition also gives you the right to purchase copies of the Personal Edition at a discount and to resell them to your clients.

TERMS FOR THE LARGE GROUP EDITION

 

Besides the TERMS FOR ALL EDITIONS listed above, the following terms apply to the Large Group Edition:

  1. You may install the Large Group Edition on as many computers as agreed upon by you and Diet Power, Inc., when you purchase the edition.
     

  2. Each installation of the Large Group Edition may be used by no more persons than DietPower, Inc., specifies when you purchase the edition.

TERMS FOR THE CLASSROOM EDITION

 

Besides the TERMS FOR ALL EDITIONS listed above, the following terms apply to the Classroom Edition:

  1. You may install the Classroom Edition on as many computers as agreed upon by you and Diet Power, Inc., when you purchase the edition.
     

  2. Each installation of the Classroom Edition may be used by no more persons than DietPower, Inc., specifies when you purchase the edition.

· · ·

 

(Clicking the "I agree" button allowed the installation to proceed. Had the installer clicked the "I don't agree" button instead, the installation would have terminated, and you would not be reading this Help topic now.)

 


 

Got a Suggestion for This Page?

 

Last Modified: 1/27/11