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In no event shall Fit Ferret or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Fit Ferret's Internet site, even if Fit Ferret or a Fit Ferret authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Fit Ferret's web site could include technical, typographical, or photographic errors. Fit Ferret does not warrant that any of the materials on its web site are accurate, complete, or current. Fit Ferret may make changes to the materials contained on its web site at any time without notice. Fit Ferret does not, however, make any commitment to update the materials.
Fit Ferret has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fit Ferret of the site. Use of any such linked web site is at the user's own risk.
Any claim relating to Fit Ferret's web site shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Fit Ferret("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Fit Ferret your use of FitFerret indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Fit Ferret grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use FitFerret in accordance with this Agreement and any other written agreement with Fit Ferret. Fit Ferret does not transfer the title of FitFerret to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Fit Ferret and the purchasers or users of FitFerret.
If you do not agree to be bound by this agreement, remove Fit Ferret from your computer now and, if applicable, promptly return to Fit Ferret by mail any copies of FitFerret and related documentation and packaging in your possession.
FitFerret and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of FitFerret contact Fit Ferret.
Your license to use FitFerret is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of FitFerret.
You shall use FitFerret in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of FitFerret together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of FitFerret may be used on one single computer location by one user. Use of FitFerret means that you have loaded, installed, or run FitFerret on a computer or similar device. If you install FitFerret onto a multi-user platform, server or network, each and every individual user of FitFerret must be licensed separately.
You may make one copy of FitFerret for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of FitFerret . The assignment, sublicense, networking, sale, or distribution of copies of FitFerret are strictly forbidden without the prior written consent of Fit Ferret. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of FitFerret. If any person other than yourself uses FitFerret registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile FitFerret. Nor can you create any derivative works or other works that are based upon or derived from FitFerret in whole or in part.Fit Ferret's name, logo and graphics file that represents FitFerret shall not be used in any way to promote products developed with FitFerret . Fit Ferret retains sole and exclusive ownership of all right, title and interest in and to FitFerret and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of FitFerret, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Fit Ferret.
You will indemnify, hold harmless, and defend Fit Ferret , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Fit Ferret's Software.
In no event (including, without limitation, in the event of negligence) will Fit Ferret , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, FitFerret or the use or inability to use FitFerret or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Fit Ferret's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Fit Ferret ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Fit Ferret.
Except as expressly stated in writing, Fit Ferret makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of FitFerret and destroy all copies of FitFerret supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY FitFerret AS WELL.
You agree that Fit Ferret may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to FitFerret.Fit Ferret may also use this information to provide notices to you which may be of use or interest to you.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.