END-USER LICENSE AGREEMENT
IMPORTANT — READ CAREFULLY:
This Fitosoft Inc. End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and
Fitosoft Inc. for the Fitosoft Inc. software product identified
above, which includes client-server application software and may
include associated media, printed materials, and "online" or
electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT
also includes any updates and supplements to the original SOFTWARE
PRODUCT provided to you by Fitosoft Inc. Any software provided
along with the SOFTWARE PRODUCT that is associated with a separate
end-user license agreement is licensed to you under the terms of
that license agreement. By installing, copying, downloading,
accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be
bound by the terms of this EULA. If you do not agree to the terms
of this EULA, do not install or use the SOFTWARE PRODUCT; you may,
however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties. The SOFTWARE PRODUCT is licensed, not
GRANT OF LICENSE.
This EULA grants you the following
• Server Application Software. You may install, use, access,
display, run, or otherwise interact with ("RUN") one copy of the
server application software, on a single computer, workstation,
terminal, handheld PC, or other digital electronic device ("SERVER
• Client Application Software. You may install, use, access,
display, run, or otherwise interact with ("RUN") copies of the
client application software, on any computer, workstation,
terminal, handheld PC, or other digital electronic device connected
to the local network ("CLIENT COMPUTER").
• License Pack. If this package is a Fitosoft Inc. License Pack,
you may RUN additional copies of the server application software
portion of the SOFTWARE PRODUCT up to the number of copies
specified above as "Licensed Copies."
• Reservation of Rights. All rights not expressly granted are
reserved by Fitosoft Inc.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
• Not for
Resale Software. If the SOFTWARE PRODUCT is labeled "Not For
Resale" then, notwithstanding other sections of this EULA, your use
of the SOFTWARE PRODUCT is limited to use for demonstration, test,
or evaluation purposes and you may not resell, or otherwise
transfer for value, the SOFTWARE PRODUCT.
• Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation.
• Trademarks. This EULA does not grant you any rights in connection
with any trademarks or service marks of Fitosoft Inc.
• Rental. You may not rent, lease, or lend the SOFTWARE
• Support Services. Fitosoft Inc. may provide you with support
services related to the SOFTWARE PRODUCT ("Support Services"). Any
supplemental software code provided to you as part of the Support
Services shall be considered part of the SOFTWARE PRODUCT and
subject to the terms and conditions of this EULA. With respect to
technical information you provide to Fitosoft Inc. as part of the
Support Services, Fitosoft Inc. may use such information for its
business purposes, including for product support and development.
Fitosoft Inc. will not utilize such technical information in a form
that personally identifies you.
• Software Transfer. The initial licensee of the SOFTWARE PRODUCT
may make a one-time permanent transfer of this EULA and SOFTWARE
PRODUCT only directly to an end user. This transfer must include
all of the SOFTWARE PRODUCT (including all component parts, the
media and printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). Such transfer may not
be by way of consignment or any other indirect transfer. The
transferee of such one-time transfer must agree to comply with the
terms of this EULA.
• Termination. Without prejudice to any other rights, Fitosoft Inc.
may terminate this EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you must destroy all copies
of the SOFTWARE PRODUCT and all of its component parts.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be
properly licensed to use a product identified by Fitosoft Inc. as
being eligible for the upgrade in order to use the SOFTWARE
PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or
supplements (and may disable) the product that formed the basis for
your eligibility for the upgrade. You may use the resulting
upgraded product only in accordance with the terms of this
All title and copyrights in and to the SOFTWARE PRODUCT (including
but not limited to any images, photographs, animations, video,
audio, music, text, and "applets" incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of the
SOFTWARE PRODUCT are owned by Fitosoft Inc. or its suppliers. All
title and intellectual property rights in and to the content that
may be accessed through use of the SOFTWARE PRODUCT is the property
of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This
EULA grants you no rights to use such content. If this SOFTWARE
PRODUCT contains documentation that is provided only in electronic
form, you may print one copy of such electronic documentation. You
may not copy the printed materials accompanying the SOFTWARE
After installation of one copy of the SOFTWARE PRODUCT pursuant to
this EULA, you may keep the original media on which the SOFTWARE
PRODUCT was provided by Fitosoft Inc. solely for backup or archival
purposes. Except as expressly provided in this EULA, you may not
otherwise make copies of the SOFTWARE PRODUCT or the printed
materials accompanying the SOFTWARE PRODUCT.
HIGH RISK ACTIVITIES.
This SOFTWARE PRODUCT is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control
equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the
failure of the SOFTWARE PRODUCT could lead directly to death,
personal injury, or severe physical or environmental damage.
Fitosoft Inc. expressly disclaims any warranty for the SOFTWARE
PRODUCT. The SOFTWARE PRODUCT and any related documentation is
provided "as is" without warranty of any kind, either express or
implied, including, without limitation, the implied warranties or
merchantability, fitness for a particular purpose, or
The entire risk arising out of use or performance of the SOFTWARE
PRODUCT remains with you.
NO LIABILITY FOR DAMAGES
In no event shall Fitosoft Inc. or its suppliers be liable for any
damages whatsoever (including, without limitation, damages for loss
of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use of
or inability to use this SOFTWARE PRODUCT, even if Fitosoft Inc.
has been advised of the possibility of such damages.