RCPT Web Services License Agreement
RCPT Fitness and Wellness Inc. and RCPT Technologies Inc. SOFTWARE LICENSE TERMS
RCPT SOFTWARE SERVICES
These license terms (the "terms") are an agreement between RCPT Fitness and Wellness Inc., RCPT Technologies Inc. ("RCPT", "us" or "we") and you. Please read these terms in their entirety. They apply to the RCPT Software Services software (the "Software") and the media on which you received it, if any. The terms also apply to any updates, supplements, Internet-based services, and support services we may deliver for this software, unless other terms accompany those items. If so, those terms apply. These terms also apply to your use of the contents of RCPT affiliates, accessed through the Software (including, but not limited to exercises, exercise routines, recipes, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "RCPT Content".)
The Software is licensed to you by RCPT Fitness and Wellness Inc. and RCPT Technologies Inc.. By using the Software, you accept these terms as well as the terms contained in the RCPT Terms of Service. If you do not accept them, do not use the Software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use up to five copies of the Software.
Computer Information. The Services automatically collect and log certain information, including the type of operating system, browser and name and version of the Software you are using, and the language code of the device where you installed the Software. We use this information to make the Services available to you. We may use the information to improve our software and services.
3. TERM. The term of this agreement is the length of the period in which you're entitled to use this software.
4. SOFTWARE UPDATES. We may from time to time require you to download and install updates to the RCPT Software Services software in order to continue using it.
5. FEEDBACK. If you give us feedback about the Services and RCPT Software Services Software, you acknowledge that you also give to us, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires us to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
6. SCOPE OF LICENSE. We are licensing the Software — not selling it to you. This agreement only gives you some rights to use the Software. We reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways. Among the other prohibitions set forth in these terms, you may not:
work around any technical limitations in the Software;
reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the Software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the Software for others to copy;
rent, lease or lend the Software;
transfer the Software or this agreement to any third party; or
use the RCPT Software or the Services for commercial software hosting services.
7. EXPORT RESTRICTIONS. The RCPT Software Services Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users and end use.
8. SUPPORT SERVICES. The RCPT Software Services Software is provided "as is," and we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, together with the RCPT Software Services Terms of Service (http://www.rcptfit.com/terms.html) and the Terms of Sale (http://www.rcptfit.com/termsSale.html), are the entire agreement between you and us in connection with the Services.
10. APPLICABLE LAW.
a. United States. If you acquired the Software in the United States, the law of the State of California governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the Software in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the Software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS," WITHOUT WARRANTIES OF ANY KIND, AND THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, RCPT FITNESS AND WELLNESS INC. AND RCPT TECHNOLOGIES INC. DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RCPT FITNESS AND WELLNESS INC., RCPT TECHNOLOGIES INC. OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR INABILITY TO USE, THE SOFTWARE, EVEN IF RCPT FITNESS AND WELLNESS INC., RCPT TECHNOLOGIES INC. OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT) ARISING FROM YOUR USE OR INABILITY TO USE THIS SOFTWARE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO RCPT FITNESS AND WELLNESS INC. OR RCPT TECHNOLOGIES INC FOR THE USE OF THE SOFTWARE OR US$ 5.00. IF YOU ARE DISSATISFIED WITH THE SOFTWARE, YOUR SOLE REMEDY IS TO CEASE USING THE SOFTWARE.