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Weight Wizard is in no way a substitute for advice from a qualified health professional. So please understand that use of this software is at your sole risk and we are not liable for any damages from the use of Weight Wizard.
Brandon Kuschnereit(“Licensor”) will license its Weight Wizard (“Software”) to the User (“Licensee”), upon the condition that Licensee accept all of the Terms and Conditions of this License Agreement. Please read the Terms and Conditions of this Agreement before you press the “Yes” button at the bottom of this page. If you do not agree to the Terms and Conditions of this page please press the “No” button at the bottom of this page and the installation process will not proceed.
Terms and Conditions
1. USE OF THIS SOFTWARE. Always seek the advice of a qualified health professional with any and all questions you may have regarding a weight loss plan or any health or nutritional conditions. Any information found in this SOFTWARE is not intended in any way to be a substitute for advice from a qualified health professional. Do not disregard advice or avoid seeking advice from a qualified health professional because of something you have read in this SOFTWARE. USE OF THIS SOFTWARE AND ANY INFORMATION WITHIN THE SOFTWARE IS AT YOUR SOLE RISK.
2. Licensed Use. Upon acceptance of this Agreement, Licensee has a nonexclusive, nontransferable license to use the Software. Licensee may use the Software solely in accordance with the Documentation or any other use restrictions contained herein. Licensee may install the Software on a hard drive or any other computer storage device.
3. Use Restrictions. Licensee agrees not to modify, change, disassemble, decompile or otherwise reverse engineer the Software.
4. Ownership. The Software is owned by Licensor. The Software is protected by copyright and other laws of the United States.
5. Disclaimer of Warranty. The Software is provided without warranty in its current “AS IS” condition only for purposes of using the Software with Licensor. LICENSOR MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
6. Limitation of Liability. IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT PAID HEREUNDER DURING THE ONE YEAR PERIOD PRECEEDING THE CLAIM AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDT. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE,
AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
7. Confidential Information. Licensee agrees to keep confidential all technical, product, business, and other information regarding the Software (the “Confidential Information”), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, and business methods. Licensee shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other party. Licensee further agrees not to attempt to ascertain the source code of any computer program by unauthorized access or review, reverse engineering, decompilation, disassembly, or any other technique or method. Licensee agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honor the copyrights of and will not copy, duplicate, or in any manner reproduce any such copyrighted materials. The provisions of this Section shall survive termination or expiration of this Agreement.
8. Governing Law. This Agreement shall be governed by and construed and interpreted by the laws of the State of Oklahoma, without regard to any conflict of laws provisions therein. Licensee shall comply with all then-current export and import laws and regulations of the United States and such other governments as are applicable when distributing or using the Software. Licensee hereby certifies that it will not directly or indirectly export, re-export, transship, or transmit the Software, or any portion thereof, or related information, media, or products in violation of United States laws and regulations.
9. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter hereof. This Agreement may not be amended except by a written document signed by both parties.
10. Severability. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.