CalorieKing.com Desktop Diet Diary for Windows 1.2.1

EULA - End User License Agreement

End User License Agreement
Important Notice: Please read this document completely before using. By using this software, you are acknowledging a clear understanding and agreement of the terms of this license, and of your obligations, restrictions and rights of use as stated fully within. If you do not agree to these terms, DO NOT use or download this Software.

Legal Agreement

This End User License Agreement is a legal agreement between you and the Family Health Network Pty Ltd. ("CalorieKing") for using the computer program CalorieKing Mobile (the "Software") under the terms stated in this Agreement.
Definitions

"Software" means the computer program CalorieKing Mobile and includes:

(a) downloaded software or other media with which this agreement is provided, including but not limited to digital images, stock photographs, clip-art or other artistic works and the operating manual for CalorieKing Mobile; and
(b) modified versions or upgrades, up-dates and editions of the above.

"PC" means a personal computer.
Granting of License

CalorieKing grants to you a non-exclusive, non-transferable license to use the Software provided that you agree to the following:
Use of the Software

4.1 By using the Software, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement.
4.2 You agree to comply with all applicable laws and regulations, including but not limited to Canadian and USA export and re-export control laws and regulations. Access to Software in territories where an export license is required and has not been obtained by you, or is illegal, is prohibited.
4.3 Title to the Software and all copies remains with CalorieKing. The Software is copyrighted, is subject to trademarks, and is protected by law. You WILL NOT remove copyright or trademark notices from the Software. You agree to prevent any unauthorized copying of the Software.
4.4 You MAY:

(a) install/use the Software for a single PC; and
(b) copy the Software solely for backup or archival purposes, PROVIDED that any copy contains all of the Software's proprietary notices.
4.5 You MAY NOT:

(a) install/use the Software for more than one PC at the same time;
(b) sublicense the Software;
(c) rent, lease, resell, distribute, transmit, network or create derivative works based upon the Software or any part of it;
(d) modify, adapt, translate, reverse engineer, decompile or disassemble the Software, or otherwise reduce it to a human understandable format;
(e) copy the Software, in whole or in part, except as provided in this Agreement; and
(f) transfer this license.
Disclaimer of Warranties

5.1 CalorieKing and its suppliers make no warranties, express, implied, or statutory, as to any other matters, including but not limited to:

(a) the non-infringement of third party rights;
(b) merchantability; and
(c) fitness for any particular purpose.
5.2.1 CalorieKing and its suppliers DO NOT and cannot warrant the performance and/or results you may gain by using the Software.

Limitation of liability

6.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CALORIEKING OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR:

(a) LOSS OF GOODWILL;
(b) WORK STOPPAGE;
(c) COMPUTER FAILURE OR MALFUNCTION; OR
(d) ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
6.2 IN NO EVENT WILL CALORIEKING BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CALORIEKING RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF CALORIEKING SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
6.3 THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Termination.

7.1 This license may be TERMINATED IMMEDIATELY WITHOUT NOTICE from CalorieKing if you fail to comply with its terms and conditions. This is without prejudice to any other remedies, which CalorieKing may have.
7.2 Upon termination or cancellation of this Agreement, you WILL NOT be allowed further use of the Software, and SHALL destroy the Software, manual and all downloaded or printed copies IMMEDIATELY.
Personal Information and Privacy

8.1 To learn about how CalorieKing protects your personal information, such as your name and address, refer to the CalorieKing Privacy Policy located at www.calorieking.com/privacy.
8.2 Except as set forth in the Privacy Policy or in the CalorieKing Terms of Use, your personal information will be deemed to be confidential.
Changes to this Agreement

This agreement may change from time to time. You will be bound by any such amendments. You should consult the CalorieKing website located at www.calorieking.com/handheld/legal on a regular basis for any amendments which may be made from time to time.