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Terms of Use
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This is a legal agreement between you (a
person, corporation or organization) and Envision Health Networks
Incorporated for Food Smart, a software product.
By using Food Smart in any way (including but not limited to
installing or copying it), you agree to be bound by the terms of this
agreement.
If you do not agree to the terms of this license agreement, return the
whole package to the dealer from whom you received it for a full
refund.
Copyright: Food Smart is protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties. Envision Health Networks retains all
titles and copyrights in and to Food Smart, the accompanying printed
materials, and any copies of Food Smart.
License: Food Smart is licensed to you by Envision Health
Networks, not sold to you. You may install and use one copy of Food
Smart. The primary user of this copy may make a second copy for his or
her exclusive use on either a home or portable computer.
Rights Of Use: Use of the Food Smart software product must be
limited to the following activities, dependent on the edition
purchased:
HOME EDITION
For personal use by the primary user only, with no associated rights
for use in any commercial context, including but not limited to the
food service industry and health consultation industry.
BUSINESS EDITION
For use in commercial enterprises, such as the food service industry,
which do not have as their primary purpose the provision of
nutritional consultation to the general public, including but not
limited to consulting nutritional and fitness professionals.
PROFESSIONAL EDITION
For use in commercial enterprises which have as their primary purpose
the provision of nutritional consultation to the general public,
including consulting nutritional and fitness professionals.
Use of the Food Smart software product in clear contradiction to those
uses described above will be considered by Envision Health Networks a
breach of this license and will result in prosecution to the fullest
extent permissible by law.
Limitations: You may not reverse engineer, decompile, or
disassemble the Food Smart software product. You may not rent or lease
the Food Smart software product. This agreement shall prevail over any
applicable law.
Termination: Envision Health Networks reserves the right to
terminate this agreement if you fail to comply with the terms and
conditions presented here. In such a case, you must then destroy all
copies of Food Smart and any written documentation accompanying it.
Warranty: Envision Health Networks warrants that Food Smart
will perform substantially in accordance with the accompanying
documentation.
Customer Remedies: Envision Health Networks' and its suppliers'
entire liability and your exclusive remedy shall be, at Envision
Health Networks' option, either (a) a refund, or (b) a replacement of
the copy of Food Smart that does not meet the warranty presented here,
and is returned to Envision Health Networks with a copy of your
receipt. This warranty is void if failure of Food Smart has resulted
from accident, abuse, or misapplication.
No Other Warranties: As allowed by applicable law, Envision
Health Networks and its suppliers hereby disclaim all other
warranties.
No Liability For Consequential Damages: To the maximum extent
permitted by applicable law, in no event shall Envision Health
Networks or its suppliers be liable for any direct, indirect,
incidental or consequential damages such as, but not limited to
damages for loss of business profits, business interruption, loss of
business information, or any other pecuniary loss arising from the use
or inability to use Food Smart, even if Envision Health Networks was
advised of the possibility of such damages.
Since the law in each jurisdiction varies, this limitation may not
apply to you.
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