End-User License Agreement (EULA) of Healthy Tech
This End-User License Agreement (“EULA”) is a legal agreement between you and Healthy Tech, including all HTML files, XML files, Java files, graphics files: animation files, data files: technology, development tools, scripts and programs, both in object code and source code (the “Software”): the deliverables provided pursuant to this EULA, which may include associated media; printed materials, and “online’ or electronic documentation.
This EULA agreement governs your acquisition and use of our Healthy Tech software (“Software”) directly from Healthy Tech or indirectly through a Healthy Techauthorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the Healthy Tech software. It provides a license to use the Healthy Tech software and contains warranty information and liability disclaimers.
If you register for a free trial of the Healthy Tech software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Healthy Tech software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Healthy Tech herewith regardless of whether other software is referred to or described herein. The terms also apply to any Healthy Tech updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA Template for Healthy Tech.
Healthy Tech hereby grants you a personal, non-transferable, non-exclusive licence to use the Healthy Tech software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Healthy Tech software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Healthy Tech software.
You are NOT permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
- Reproduce, copy, distribute, resell or otherwise use the Software or any derivatives for any commercial purpose.
- Allow any third party to use the Software on behalf of or for the benefit of any third party.
- The Software is licensed as a single product. Its components may not be separated for use on more than one computer.
- Use the Software in any way which breaches any applicable local, national or international law.
- Use the Software for any purpose that Healthy Tech considers is a breach of this EULA agreement.
Intellectual Property and Ownership
Healthy Tech shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Healthy Tech.
Healthy Tech reserves the right to grant licences to use the Software to third parties.
Healthy Tech has no obligation to provide support services for the Software.
Healthy Tech represents and warrants that it has the legal right to enter into and perform its obligations under this EULA: and that use by the User of the Software, in accordance with the terms of this EULA: will not infringe upon the intellectual property rights of any third parties.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereafter will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereafter preclude further exercise of any other right hereafter. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Healthy Tech.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
HEALTHY TECH, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACCEPT ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
LIMITATION OF LIABILITY
HEALTHY TECH SHALL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL HEALTHY TECH’S AGGREGATE LIABILITY TO YOU, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY YOU TO HEALTHY TECH FOR THE SOFTWARE.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Greece.