Posture Protector AppTM
Copyright (c) 2017 Posture Protector, LLC
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Posture Protector AppTM(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Posture Protector, LLC your use of Posture Protector AppTM indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Posture Protector, LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Anjali App in accordance with this Agreement and any other written agreement with Posture Protector, LLC. Posture Protector, LLC does not transfer the title of Posture Protector AppTM to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Posture Protector, LLC and the purchasers or users of Posture Protector AppTM.
If you do not agree to be bound by this agreement, remove Posture Protector AppTM from your computer now and, if applicable, promptly return to Posture Protector, LLC by mail any copies of Posture Protector AppTM and related documentation and packaging in your possession.
Posture Protector AppTM and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Posture Protector AppTM contact Posture Protector, LLC.
3. USER AGREEMENT
Your license to use Posture Protector AppTM is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Posture Protector AppTM.
3.2 Use Restrictions
You shall use Posture Protector AppTM in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Posture Protector AppTM together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Posture Protector AppTM may be used on one single computer location by one user. Use of Posture Protector AppTM means that you have loaded, installed, or run Posture Protector AppTM on a computer or similar device. If you install Posture Protector AppTM onto a multi-user platform, server or network, each and every individual user of Posture Protector AppTM must be licensed separately.
You may make one copy of Posture Protector AppTM for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Posture Protector AppTM . The assignment, sublicense, networking, sale, or distribution of copies of Anjali App are strictly forbidden without the prior written consent of Posture Protector, LLC. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Posture Protector AppTM. If any person other than yourself uses Posture Protector AppTM registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Posture Protector AppTM. Nor can you create any derivative works or other works that are based upon or derived from Posture Protector AppTM in whole or in part.
Posture Protector, LLC’s name, logo and graphics file that represents Anjali App shall not be used in any way to promote products developed with Posture Protector AppTM. Posture Protector, LLC retains sole and exclusive ownership of all right, title and interest in and to Anjali App and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Posture Protector AppTM, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Posture Protector, LLC.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Posture Protector, LLC , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Posture Protector, LLC’s Software.
In no event (including, without limitation, in the event of negligence) will Posture Protector, LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Posture Protector AppTM or the use or inability to use Posture Protector AppTM or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Posture Protector, LLC’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Posture Protector, LLC ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Posture Protector, LLC.
Except as expressly stated in writing, Posture Protector, LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Anjali App and destroy all copies of Anjali App supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Posture Protector AppTM AS WELL.
5. CONSENT OF USE OF DATA
You agree that Posture Protector, LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Posture Protector AppTM. Posture Protector, LLC may also use this information to provide notices to you which may be of use or interest to you.