DietPower Help
(Following is the license agreement that Diet Power installers approve by clicking the button labeled "I agree" during installation. If you have questions about the agreement, see Diet Power, Inc., Contacting.)
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IMPORTANT! READ FIRST!
License Agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE ATTEMPTING TO RUN THIS SOFTWARE.
DIETPOWERŽ 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.
Diet Power and its associated materials ("the program") are manufactured by Diet Power, 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 Diet Power:
The Trial Copy
The Personal Edition
The Consultant Edition
The Large Group Edition
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.
Diet Power 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 Diet Power'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 Diet Power or one of that company's authorized representatives, or as part of a software package preinstalled by legal arrangement with Diet Power on a computer that you purchased, or by converting a Trial Copy into that edition with Diet Power'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, Diet Power 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:
Even if Diet Power
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.
If any edition is
upgraded or downgraded to some other edition, the terms of this agreement
are superseded by those for that edition.
Diet Power is licensed
only for use with a computer. The program may not be used in any other
way.
Reverse-engineering,
decompiling, or disassembling any version of Diet Power is not permitted
under this agreement.
You may not sell,
license, or otherwise transfer the data in Diet Power's food, recipe,
and exercise dictionaries to any third party.
Diet Power 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.|
Although Diet Power
has tried to make Diet Power accurate and reliable, people differ in their
dietary needs, and nutrition is not an exact science. For these reasons,
Diet Power 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.
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 Diet Power, Inc. Diet Power, Inc., may terminate this license
upon the breach by you of any term hereof. Upon such termination, you
agree to return to Diet Power the program and all copies thereof.
Diet Power, 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. Diet Power,
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.
If, during the warranty
period, a defect in the program appears, you may return the program to
Diet Power, Inc., for either replacement or, if so elected by Diet Power,
Inc., a refund. You agree that the foregoing constitutes your sole and
exclusive remedy for breach by Diet Power, Inc., of any warranties under
this agreement.
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.
Diet Power, 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 Diet Power, Inc., for
the use of the program. In no event shall Diet Power, Inc., be liable
for any indirect, incidental, consequential, special, or exemplary damages
or lost profits.
This license agreement
shall be construed and governed by the laws of the State of Connecticut.
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.
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.
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:
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."
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.
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:
You may install the
Consultant Edition on as many as two computers, provided you are the only
person who uses those installations.
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 Diet Power,
Inc.)
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:
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.
Each installation of the Large Group Edition may be used by no more persons than Diet Power, 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:
You may install the
Classroom Edition on as many computers as agreed upon by you and Diet
Power, Inc., when you purchase the edition.
Each installation of the Classroom Edition may be used by no more persons than Diet Power, Inc., specifies when you purchase the edition.
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(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.)
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Last Modified: 2/15/07