Byoni Lifestyle Software License Agreement

INSTALLING AND USING THE PERFECT DIET TRACKER SOFTWARE ON YOUR COMPUTER INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. THIS LICENSE AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE CURRENT TERMS OF THE LICENSE ARE THOSE PUBLISHED HEREWITH. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE.

PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

LICENSE:

The software program (the “Program”) and the accompanying files, lists and data (the “Documentation”) are licensed, not sold, to you. The term “Program” shall also include any updates of the Program licensed to you by Byoni Lifestyle. Subject to the terms of this agreement, you have a non-exclusive and non-transferable right to use the Program and Documentation. The general license permits use of this Program on up to up to five computers computer. The ‘family pack’ license permits use of the Program on up to ten computers located in the same household. This Program is “in use” on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard drive, or another storage device) of that computer.

You agree to use your best efforts to prevent misuse of the Program and protect the contents of the Program and Documentation from unauthorized disclosure or use. Byoni Lifestyle reserve all rights not expressly granted to you.

LIMITATION ON USE:

• You may not rent, lease, sell or otherwise transfer or distribute copies of the Program or Documentation to others.
• You may not modify or translate the Program or the Documentation without the prior written consent of Byoni Lifestyle.
• You may not use the Perfect Diet Tracker if you are under the age of 18.
• You may not use the Perfect Diet Tracker if you are pregnant or a nursing mother.
• You agree to consult your doctor before starting any new diet or exercise programme.
• You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the Program.
• You may not use Byoni’s name or refer to Byoni Lifestyle directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of Byoni Lifestyle for each such use.
• You may not release the results of any performance or functional evaluation of the Program to any third party without prior written approval of Byoni Lifestyle for each such release.
• You may not rent, lease, sell or otherwise transfer, publish or distribute to others in any manner whatsoever, any part of a Registration Key Code issued to you or any other user for use in conjunction with the Program.
• You may not use a Registration Key Code issued to another user for use in conjunction with the Program.
• You may not use or attempt to use the Program in any way which impairs the operation of the Program by other users.
• You may not use or attempt to use the Program in any way which subverts or impairs the operation or integrity of any database or resources to which the Program relates.
• You may only use Byoni Lifestyle software for personal use. Commercial use is strictly prohibited unless agreed in writing with Byoni Lifestyle. Agreed Commercial use may incur additional fees.
• You are not authorized to use the software to modify, create or distribute a file that is or may be subject to copyright restrictions. The user hereby indemnifies and holds harmless Byoni Lifestyle, the author and all of its directors, agents, and shareholders from any and all liability that may result from all files created by the user with the software.
• You may not use any Byoni Lifestyle software package to copy, modify, merge, sell, lease, re-distribute, assign or transfer in any way licensed material or material covered by copyright restrictions.
• You are not permitted to use the software to a) Pre code. That is, to create output for use in another application. b) Post code. That is, to create output from content created in another application.

COMMERCIAL USE:

This license agreement grants you the right to use the software for personal use only. You may not use any Byoni Lifestyle software package for commercial use. Commercial use is strictly prohibited.

INTERNET SEARCH:

The internet search facility may be withdrawn without notice. The search facility is a community database. By enabling the internet search facility you agree that any products you add to the food database using the software may be shared anonymously with other users and that the software may post details of products you have added or edited to an internet server.

PERFECT DIET TRACKER SYNCHRONISATION:

To enable synchronisation the applications may post data to the internet including your current internet and local IP addresses and details of the device running the application. This information is only used to facilitate the initial synchronisation setup and handshake between devices and will not be stored permanently or used for any purpose other than to assist in the synchronisation setup.

BACKUP AND TRANSFER:

You may make one copy of the Program for backup purposes provided Byoni Lifestyle’s copyright notice is included. You may not sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void. You may physically transfer the Program from one computer to another provided that you do not retain any copies of the Program, including any copies stored on a computer.

COPYRIGHT:

The Program and related Documentation are copyrighted by Byoni Lifestyle. You may not copy the Program or the Documentation (or this license) except to provide a backup copy and to load the Program into the computer as part of executing the Program. Any and all other copies of the Program and any copy of the Documentation made by you are in violation of this license.

OWNERSHIP:

You agree that the Program and Documentation belong to Byoni Lifestyle. You agree that you neither own nor hereby acquire any claim or right of ownership to the Program and Documentation or to any related patents, copyrights, trademarks or other intellectual property. Byoni Lifestyle retains all right, title and interest in and to the Documentation and all copies and the Program at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. All content accessed through the Program is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content.

TERM AND TERMINATION:

This license is effective until terminated. Byoni Lifestyle retain the right to terminate this license at any time, without notice, without giving any reason.
This license automatically terminates if you fail to comply with its terms and conditions. You may terminate this license at any time by destroying the Program and Documentation and the permitted backup copy. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Program and Documentation, or return the original Program and Documentation to Byoni Lifestyle together with any other material you have received in connection with the Program.
The user hereby indemnifies and holds harmless Byoni Lifestyle, the author and all of its directors, agents, and shareholders from any and all liability that may result from use of this software.

DISCLAIMER OF WARRANTY:

Byoni Lifestyle PROVIDE THE PROGRAM AND THE DOCUMENTATION “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Should the Program prove defective, you and not Byoni Lifestyle assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this agreement.

LIMITATION OF REMEDIES:

IN NO EVENT WILL Byoni Lifestyle BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM INCLUDING, BYWAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF Byoni Lifestyle, ITS LICENSERS OR AN AUTHORIZED Byoni Lifestyle DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
This license will be governed by the laws of England as applied to transactions taking place wholly within England between United Kingdom residents.

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