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User Agreement.
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND HOMEEXPRO, INC. (“COMPANY”). YOU HAVE SIGNIFIED YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS BY YOUR DECISION TO USE THE SOFTWARE PROGRAMS OF THE COMPANY. THE TERM “SOFTWARE” USED INCLUDES NOT ONLY THE SOFTWARE PROGRAMS, BUT ALSO THE IMAGES AND ANIMATIONS USED IN CONJUNCTION WITH THE SOFTWARE PROGRAMS. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, PLEASE EXIT THIS SOFTWARE AND REFRAIN FROM USING IT. 1. The Company and its affiliates own all files included in this software, which is protected by United States copyright laws and international treaty provisions. You may use this software only as stated in this Agreement. This agreement is governed by the laws of the State of Texas. 2. Under this agreement you may utilize this software program for its intended purpose with personal computer systems. You may not use this software with any non-personal computer products or any embedded devices. 3. You may not: (1) reverse-engineer, reverse assemble or reverse compile this software or any component thereof or so compile data used by this software; (2) sublicense, rent, lease, sell, or assign this software; (3) distribute this software; (4) incorporate this software as part or all of a product sold to others without prior permission from the Company. 4. You acknowledge and understand that the presentation of any particular information is at the Company’s sole discretion. 5. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SOFTWARE PROGRAMS DEVELOPED BY HOMEEXPRO, INC. ARE INTENDED FOR USE BY HEALTH CARE PROVIDERS AND THOSE TRAINED AND CERTIFIED IN THE PROPER USE OF EXERCISE AND REHABILITATION. USE OF THIS SOFTWARE SHOULD BE SUPERVISED BY PERSONS HAVING SUCH TRAINING AND KNOWLEDGE. IF YOU EXPERIENCE ANY DISCOMFORT, PAIN, DIZZINESS OR WEAKNESS, DISCONTINUE THE EXERCISE AND USE OF THIS SOFTWARE AND CONSULT A HEALTH CARE PROFESSIONAL OR PROVIDER. 6. LIMITED WARRANTY: THIS SOFTWARE IS LICENSED “AS IS.” THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BY WAY OF EXAMPLE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions and limitations may not apply to you. If applicable law requires any warranties with respect to the Software, all such warranties are limited in duration to ninety (90) days from the date of delivery. 7. No information or advice given by Homeexpro, Inc., it’s dealers, distributors, agent or employees, whether given orally or in writing, shall create or imply a warranty or in any way increase the scope of any warranty herein. 8. Homeexpro, Inc. and its affiliates entire liability and your exclusive remedy under this Agreement is limited to nor more than the greater of fifty U.S. dollars ($50.00) or the amount paid by you for this Software. For any claim (including fundamental breach), in any form, related in any way to this Agreement, Homeexpro’s’s liability will be for actual damages only and will be limited to the purchase price, if any, you paid for this Software or $50.00, whichever is greater. 9 Homeexpro, Inc. and/or its affiliates will not be liable for any lost profits, lost savings, or any incidental damages or other economic consequential damages (including loss of information), even if Homeexpro, Inc or its affiliates have been advised of the possibility of such damages. Homeexpro, Inc. will not be liable for any damages claimed by you based on any third party claim.
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