PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("LICENSE"). BY MARKING THE "I AGREE" LINE AND SIGNING THIS FORM, BY CLICKING THE "I ACCEPT" OR "AGREE / ACCEPT," BUTTON ON YOUR COMPUTER, OR BY OPENING AND USING THE STRETCH AT WORK SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, MARK THE "I DO NOT AGREE" LINE ON THIS FORM OR CLICK THE "I DO NOT ACCEPT" OR "DISAGREE / DECLINE" BUTTON; DO NOT OPEN OR USE THE SOFTWEAR; AND RETURN ANY DISC OR OTHER MEDIA CONTAINING A COPY OF THE SOFTWARE TO THE PERSON FROM WHOM YOU RECEIVED IT.
The Stretch at Work® software, documentation and any associated materials provided by Taos Health Technologies ("THT") in any media ("Stretch at Work") are licensed, not sold or transferred under the terms of this License and a separate License Agreement between THT and the business or organization by which you are employed or for which you are a contractor. You may not sell, rent, loan, distribute, make additional copies of, or transfer Stretch at Work or any part of its contents, but may use it on a single computer as described more fully in Paragraph 2 below, once you have indicated your agreement to this License.
Stretch at Work is a registered trademark of THT, and its spoken word and visual image contents are copyrighted by THT.
2. Permitted License Uses and Restrictions.
This License allows you to install and use one copy of Stretch at Work on a single computer. Except and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify or create derivative works of Stretch at Work or any part of it. You may not rent, lease, lend or sublicense Stretch at Work.
3. Default, Termination.
Your rights under this License will terminate automatically, with or without notice from THT if you fail to comply with any term of this License. Upon termination of this License, you shall cease all use of Stretch at Work and delete all full or partial electronic copies of Stretch at Work in your possession and deliver any media (such as discs) containing Stretch at Work or any part of it to the person from whom you originally received Stretch at Work.
This license does not permit you to transfer Stretch at Work from a computer that you use in connection with your work for the company or organization that has entered into a Licensing Agreement with THT to any other computer, or to take Stretch at Work with you if and when you cease to do work for that company or organization. However, you may separately purchase additional copies of Stretch at Work from THT for use on other computers at any time so long as Stretch at Work is available for sale at that time.
5. Limited Warranty on Media; Disclaimer of Other Warranties.
A. Limited Warranty on Media.
THT warrants the media on which Stretch at Work is recorded and delivered by THT to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase by the company or organization that employs you. "Normal use" does not include use on a computer that has other software or hardware which blocks or otherwise interferes with the operation of Stretch at Work, or use on a computer that lacks sufficient memory or other capacity or compatibility to operate Stretch at Work. The exclusive remedy available under this provision shall be, at THT's option, a refund of the purchase price of the media containing Stretch at Work that fails to live up to the limited warranty, or replacement of the media containing Stretch at Work, once the media that fails to live up to the limited warranty is returned to THT.
B. Disclaimer of All Other Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF STRETCH AT WORK IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU, EXEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE. ALSO, EXCEPT FOR THAT LIMITED WARRANTY OR AS OTHERWISE REQUIRED BY LAW, STRETCH AT WORK IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND OTHER THAN THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE TO THE MAXIMUM EXTENT PERMITTED BY APPPLICABLE LAW. THT AND THT'S LICENSORS (COLLECTIVELY REFERRED TO AS "THT" FOR THE PURPOSES OF THIS SECTION 5) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO STRETCH AT WORK, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF STRETCH AT WORK, THAT THE FUNCTIONS CONTAINED IN IT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF STRETCH AT WORK WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN STRETCH AT WORK WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, OR REPRESENTATION BY ANY THT REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD STRETCH AT WORK PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION EXCEPT AS PROVIDED IN THE LIMITED WARRANTY ABOVE.
6. Limitation of Liability.
TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF TIME, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OF OR RELATED TO THE USE OF STRETCH AT WORK, OR ANY INABILITY TO USE IT, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, PRODUCTS LIABILITY OR OTHER), EVEN IF THT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall THT's total liability to you for all damages exceed the amount of $50.00, except as may be otherwise required by applicable law.
7. Compliance with Applicable Laws.
You agree that you will not violate any law in connection with your use of Stretch at Work, including but not limited to any export or import law of the United States or any other country and any law or regulation regarding the purchase or use of commercial computer software by U.S. Government entities.
8. Reservation of Rights.
THT reserves for itself and its licensors all intellectual property and other rights associated with Stretch at Work and not granted by this License or other written agreement. The rights reserved include but are not limited to THT's trademark rights with respect to the Stretch at Work name and logo; THT's copyright in the spoken word and visual images in the Stretch at Work software; and THT's licensors' copyrights in music embedded in the Stretch at Work software.
9. Controlling Law and Severability.
This license will be governed by and construed in accordance with the laws of the State of New Mexico, as that law is applied to agreements entered into and to be performed entirely within New Mexico between New Mexico residents. The parties agree and consent to the jurisdiction of the New Mexico Eighth Judicial District Court for the filing and resolution of any lawsuit related to this Agreement. If for any reason a court of competent jurisdiction finds any provision of this License to be unenforceable, the remainder of this License shall continue in force and effect.
10. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of Stretch at Works licensed hereunder and supersedes all prior or contemporaneous understandings regarding the same subject matter. No amendment or modification of this License will be binding unless in writing and signed by THT.
_____ I AGREE. _____ I DO NOT AGREE.
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Title or Position: __________________________________________
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