Weight-By-Date Pro Diet and Fitness 3.1

EULA - End User License Agreement

PRODUCT LICENSE INFORMATION

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

1. LICENSE GRANT. Quite Healthy Technologies, a division of ProVariant, Inc, grants you a license to use one copy of the version of this SOFTWARE on any one system for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. This license is not transferable to any other system, or to another organization or individual.

2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Quite Healthy Technologies, a division of ProVariant, Inc. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.

3. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Quite Healthy Technologies and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.

5. NO OTHER WARRANTIES. QUITE HEALTHY TECHNOLOGIES DOES NOT WARRANT THAT THE SOFTWARE AND INFORMATION CONTAINED IN THE SOFTWARE IS ERROR FREE. QUITE HEALTHY TECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

7. USE OF SOFTWARE. Always seek the advice of your physician, nutritionist or qualified health professional with any and all questions you may have regarding a medical or nutritional condition. Any information found in the SOFTWARE is not intended in any way to be a substitute for professional medical or nutritional advice. Do not disregard advice or not seek advice from a medical or nutritional professional because of something you have read in the SOFTWARE. USE OF ANY INFORMATION WITHIN THE SOFTWARE IS AT YOUR SOLE RISK.

8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL QUITE HEALTHY TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF QUITE HEALTHY TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL QUITE HEALTHY TECHNOLOGIES' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

9. GOVERNING LAW. This license will be governed by the laws of the State of North Carolina as they are applied to agreements between North Carolina residents entered into and to be performed entirely within North Carolina. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

10. U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor is Quite Healthy Technologies, a division of ProVariant Software, 5448 Apex Peakway #303, Apex, NC 27502.

11. ENTIRE AGREEMENT. This is the entire agreement between you and Quite Healthy Technologies which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

12. RESERVED RIGHTS. All rights not expressly granted here are reserved to Quite Healthy Technologies.

Copyright (c) 2000-2006 Quite Healthy Technologies, a division of ProVariant, Inc.