End User License for My Diet Wiz Software

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE, PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE “AS IS” AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO DO SO, YOU MAY NOT USE OR COPY THE SOFTWARE.

This agreement covers the Registered and Trial versions of My Diet Wiz Consultant Edition for Windows, hereafter referred to as “Software”. Both versions have the same functionality, except that the Registered version works indefinitely, and the Trial version has a usage time limit of 15 days from the date of installation.. Where the Trial version has been registered, it is considered a Registered version. You may not transfer this license.

1. Terms of License

This license allows you to:

(a) Use the Software on one (1) computer.

(b) Keep records for up to 250 people.

(c) Use registered Software for commercial purposes as well as personal uses.

(d) Make two (2) copies of the Software for back up purposes.

If you wish to use the Software on more than one computer, you must license another copy of the Software.

2. Restrictions on Use

This software may only be used for general information purposes and is not intended to take place of medical advice. This software is not to be used by children unless supervised by an adult.

Unless registered, you shall not use this Software is for commercial purposes. You shall not make copies, except for back-up purposes, or distribute copies of the Software or transfer the Software from one computer to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.

3. Personal Information and Privacy

Personal user information and daily usage data collected by the Software is not used for any other purpose except that which is required for the usage of the Software. This information is not transmitted by the Software over the Internet in any manner.

4. Ownership

This license provides you with limited rights to use the Software. Wellness Softworks retains all ownership, right, title and interest in, to and of the Software and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by Wellness Softworks.

5. Proprietary Markings

Wellness Softworkss logos, product names, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to Wellness Softworks. You shall not remove or obscure Wellness Softworkss copyright, trade mark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.

6. Disclaimer of Warranties and Technical Support

The information provided by the Software is not guaranteed to be accurate or free of error. The Software is provided to you “as is” without any technical support or warranty of any kind including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose and non infringement.

7. Limitation of Liability

Wellness Softworks and its suppliers shall not be held liable for the results of the usage of this software. Always seek the advice of your physician or other qualified health care provider when considering changing one's diet.

Wellness Softworks and its suppliers shall not be liable for any indirect, special, incidental or consequential damages or loss, 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 Wellness Softworks or its representatives have been advised of the possibility of such damages. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between Wellness Softworks and you. You agree that would not be able to provide the limitations.

8. Term and Termination

This license agreement is effective until terminated. In the event of a Refund You shall remove the installed software from your computer and this license shall terminate. You may terminate this license agreement at any other time by deinstalling and erasing the Software from your computer and destroying all complete and partial copies of the Software in your possession. This license and your rights hereunder shall automatically terminate if you fail to comply with any provision of this license. Upon such termination, you shall cease all use of the Software, and erase the Software from your computer, and destroy all copies of the Software and other materials related to the Software in your possession or under your control.

9. General Provisions

This Agreement shall be governed by the laws of the province of British Columbia and the federal laws of Canada applicable therein.

This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

All questions, comments or concerns with respect to this Agreement shall be directed to: Wellness Softworks, support@wellnesssoftworks.com.

10. Updates

Wellness Softworks may from time to time release new versions of the Software. All new versions or releases which are provided to you shall be considered part of the Software and shall be governed by the terms of this license agreement, or if applicable, superseding license agreements.