BodyTrans 2.1.7

EULA - End User License Agreement

License Agreement

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING.

BODYTRANS IS COPYRIGHTED AND LICENSED, NOT SOLD. BY INSTALLING THIS APPLICATION, 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 NOT INSTALL OR RUN THE BODYTRANS SOFTWARE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING BODYTRANS BETWEEN YOU AND , AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

BodyTrans and its associated materials ("the application") are manufactured by AeroTeal Management LLC, headquartered in Humble, TX 77396. All versions of the application are protected by copyright and trademark law, international copyright treaties, and other laws and treaties regarding intellectual property.

This agreement covers BodyTrans and BodyTrans Trial Edition. Both versions perform the same functions but BodyTrans works indefinitely, while BodyTrans Trial Edition works for a limited time only.

In cases where BodyTrans Trial Edition has been registered, it is converted to a full version of BodyTrans.

BodyTrans is licensed, not sold. You have a license to use the BodyTrans Trial Edition at no charge for 14 days. You may also make copies of BodyTrans Trial Edition 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 full versions of BodyTrans without AeroTeal Management LLC's permission.

You have a license to use the full version of BodyTrans only if a) you obtained your copy from AeroTeal Management LLC, or one of the company's authorized representatives, or as part of a software package preinstalled by legal arrangement with AeroTeal Management LLC on a computer that you purchased, or by registering BodyTrans Trial Edition with AeroTeal Management LLC and having it convert to a full version of BodyTrans, and b) you agree to the terms below.

If you install, copy, or otherwise use BodyTrans, your agreement is assumed.
TERMS FOR BodyTrans

1. BodyTrans 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, or for lease or rental to other agents. (If you are interested in licenses of BodyTrans for use in serving customers, clients, employees, or other groups, visit http://www.bodytrans.com/grouplicense.htm or call 877-766-4553.)

2. If BodyTrans Trial Edition is upgraded to some other edition, the terms of this agreement are superseded by those for that edition.

3. Reverse-engineering, decompiling, or disassembling any version of BodyTrans is not permitted under this agreement.

4. You may not sell, license, or otherwise transfer the data in BodyTrans's food and exercise databases to any third party.

5. BodyTrans 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.

6. Although AeroTeal Management LLC, has tried to make BodyTrans accurate and reliable, people differ in their dietary and fitness needs. For these reasons, BodyTrans cannot be held liable for the results of any regimen created with the application. A person's nutrition and fitness program should always take into account the advice of a physician.

7. This license agreement is effective upon your agreement or upon your installing or running the application and will continue until terminated. AeroTeal Management LLC, may terminate this license upon your breach of any term hereof. Upon such termination, you agree to return to AeroTeal Management LLC, the application and all copies thereof.

8. AeroTeal Management LLC, warrants, for the sole benefit of the original licensees, for 14 days from the date of commencement of this license agreement (the "warranty period"), that the disks and/or diskettes in which the application is contained are free from defects in material and workmanship. AeroTeal Management LLC further warrants, for the sole benefit of the original licensees, that during the warranty period the application will operate substantially in accordance with the application's functional specifications.

9. If, during the warranty period, a defect in the application appears, you may return the application to AeroTeal Management LLC, for either replacement or, if so elected by AeroTeal Management LLC, a refund. You agree that the foregoing constitutes your sole and exclusive remedy for breach by , of any warranties under this agreement.

10. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE APPLICATION IS LICENSED AS IS, AND AeroTeal Management LLC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. AeroTeal Management LLC'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 AeroTeal Management LLC for the use of the application. In no event shall AeroTeal Management LLC be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits.

12. This license agreement shall be construed and governed by the laws of the State of Texas.

13. 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.

14. 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.

15. 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.