Important: Do not use the KidneyDiet software application accompanying this Agreement (the “Application”) until you have carefully read the following Agreement. Downloading, installing and/or using the Application (or authorizing any other person to do so) indicates your acceptance of the terms and conditions contained in this Agreement. If you do not agree with the terms and conditions of this Agreement, your sole and exclusive remedy is the discontinuation of your use of the Application.
KidneyDiet Software Application License Agreement
This KidneyDiet Software Application License Agreement (“Agreement”) is between you and Pain Free Living, Inc. (“Licensor”) and sets forth the terms and conditions of your use of the Application. By accepting this Agreement and/or using the Application, you agree to be bound by this Agreement.
LICENSE AND CERTAIN RESTRICTIONS
You are hereby granted a non-exclusive license to use one copy of the Application only on a single handheld or similar device solely for your personal use. The Application and its content, including any images, icons, graphics, and text incorporated into the Application, are the property of Licensor (except where otherwise noted) and are protected by copyright law. Therefore, you may not: make copies of the Application; allow others to make copies of the Application; or duplicate the Application by any other means, including by electronic transmission, except for backup purposes. Although you are encouraged to make a backup copy of the Application for your own use, you are not allowed to make more than two copies for backup purposes. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Application to human-perceivable form. You may not modify, adapt, translate, rent, sublicense, assign, lease, loan, resell for profit, or distribute the Application or create derivative works based upon the Application or any part thereof.
LICENSOR REPRESENTS AND WARRANTS THAT TO THE BEST OF ITS KNOWLEDGE, (I) IT HAS THE RIGHT TO GRANT THIS LICENSE AND ENTER INTO THIS AGREEMENT, AND (II) THE APPLICATION DOES NOT AND WILL NOT VIOLATE OR INFRINGE ANY U.S. PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR SIMILAR INTELLECTUAL PROPERTY RIGHT. THIS APPLICATION IS PROVIDED “AS-IS” AND, EXCEPT AS EXPRESSLY PROVIDED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE APPLICATION, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE APPLICATION.
LICENSOR DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE ACCURACY AND TIMELINESS OF THE DATA CONTAINED IN THE APPLICATION AND LICENSOR SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER TO YOU, OR TO ANY OTHER PARTY, ON ACCOUNT OF ANY INACCURACIES IN OR UNTIMELINESS OF THE DATA, OR FOR ANY DELAY IN REPORTING SUCH DATA CONTAINED IN THE APPLICATION. INFORMATION IN THE APPLICATION MAY CHANGE, AND THE INFORMATION IN THE APPLICATION IS ONLY AS OF A PARTICULAR DATE.
LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY USE OF THE APPLICATION. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HANDHELD DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages, and/or costs (including but not limed to, reasonable attorneys fees and expenses) arising from your improper use of this Application, your violation of this Agreement, or your infringement of any intellectual property or other rights included herein.
LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LICENSOR’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The data in this Application, including nutrition counts, is provided for informational purposes only. The Application does not provide nutritional advice. Always seek the advice of your physician, your nutritionist, or other qualified healthcare provider with any questions you may have regarding your health and diet or before making any changes in your diet. Never disregard professional medical advice or delay in seeking it because of any information you have gotten from the Application. It is not the intention of this Application to provide specific medical recommendations or professional advice. You should not use this information to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider.
USER'S ADDITIONAL REPRESENTATIONS
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
APPLICATION MODIFICATIONS AND CHANGES
The Licensor of this Application reserves the right at any time and from time to time to add, change, modify, update, or discontinue, temporarily or permanently, this Application (or any part thereof) with or without notice. The Licensor of this Application shall not be liable to you or to any third party for any addition, modification, suspension, or discontinuance of this Application.
You acknowledge and agree that this Agreement constitutes the complete agreement between you and Licensor. This Agreement is not, however, to limit any rights that Licensor may have under trade secret, copyright, patent, or other laws that may be available to it. This Agreement may be modified only in writing. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Colorado law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by Federal laws. This Agreement is deemed entered into in the county of Boulder in the state of Colorado, and jurisdiction for resolution of any disputes shall reside solely in Boulder, Colorado.
Pain Free Living, Inc.
P.O. Box 4213
Boulder, Colorado 80306-4213