END-USER LICENSE AGREEMENT
FITSTER END-USER SOFTWARE AGREEMENT FOR APPLICATIONS
This End-User License Agreement (Agreement) is between You and Fitzter Oy (Fitster). The Agreement authorizes You to use the Software specified in Clause 1 below under the terms and conditions set forth below. This is an agreement on end-user rights and not an agreement for sale. Fitster continues to own the copy of the Software and any other copy that You are authorized to make pursuant to this Agreement.
Read this Agreement carefully before installing, downloading, or using the Software. By clicking on the ”I Accept” button while installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the ”Decline” or ”I Do Not Accept” button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to Fitster. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
i) You may not use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.
ii) This license does not allow You to use the Software on any Device that You do not own or control, and you may not distribute or make the Software available for anyone else over any network or transfer protocol to enable the use of the Software in multiple devices.
iii) You may make a single copy of the Software on magnetic media as an archival backup copy, provided Your archival backup copy is not installed or used on any other Device. You may replicate the software to Your other personal devices through cloud services and save Your software instance in cloud services designed for this software (ios, Android). Any other copies You make of the Software are in violation of this Agreement.
iv) You may not resell, sublicense, rent, lease, or lend the Software or host online service using the Software.
v) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software.
vi) Unless stated otherwise in the Documentation, You shall not display, modify, reproduce, or distribute any of the Stock Files included with the Software or distribute audio output of the Software. In the event that the Documentation allows You to display the Stock Files, You shall not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the ”Readme” files associated with the Stock Files that You use to ascertain what rights You have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the Stock Files or derivative works thereof.
vii) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
viii) You may not use the Software or other Fitster products or services for life critical or medical purposes.
ix) In case that you suffer or suspect suffering from a cardiac condition (e.g. coronary disease) or other medical condition which may affect your physical performance, if you have abnormal feelings during physical performance or if You use a pacemaker or other electronic medical device, you should consult a medical doctor before physical exercise and before using the Software or other Fitster products or services.