(Following is the license agreement that the original installer of this copy of Diet Power approved by clicking the button labeled "I agree" during the installation. If you have questions about the agreement, see Diet Power, Inc., Contacting.)
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IMPORTANT! READ FIRST!
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.
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 two versions of Diet Power: the Personal Edition and the Trial Copy. Both versions perform the same functions, but the Personal Edition works indefinitely, while the Trial Copy works for a limited time only.
In cases where the time limit has been removed from a Trial Copy, it is considered a Personal 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 Personal Editions without Diet Power's permission.
You have a license to use the Personal Edition only if a) you obtained your copy 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 a Personal Edition with Diet Power's permission, and b) you agree to the terms below.
If you install, copy, or otherwise use the Personal 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 THE PERSONAL EDITION
1. 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.
2. Up to eight 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."
3. 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.
4. 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. (For an additional charge, anyone can license a special edition of Diet Power for use in serving customers, clients, employees, or other groups. To contact a representative, phone 800-852-8446 or visit http://www.dietpower.com.)
5. If a Personal Edition is upgraded to some other edition, the terms of this agreement are superseded by those for that edition.
6. Diet Power is licensed only for use with a computer. The program may not be used in any other way.
7. Reverse-engineering, decompiling, or disassembling any version of Diet Power is not permitted under this agreement.
8. You may not sell, license, or otherwise transfer the data in Diet Power's food and exercise dictionaries to any third party.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. This license agreement shall be construed and governed by the laws of the State of New York.
17. 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.
18. 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.
19. 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.
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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.)