Nutri-West

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Disclaimer

Nutri-West, Inc. has designed a comprehensive, high quality informational database about the Nutri-West product line. This database is for educational purposes ONLY and is not intended as a substitute for sound medical advice. Nutritional suggestions are NOT intended to diagnose, treat, cure, or prevent ANY disease; suggestions are given strictly for support of the various systems of the body. Statements are not evaluated by the FDA. The database is sold with the complete understanding that all authors and contributors of the database and Nutri-West have neither liability or responsibility to any person or entity for any injury, loss or damage caused or alleged to be caused by any information within the entire database. When you agree to this disclaimer and/or utilize the information in this database, it is with the full understanding that Nutri-West, the authors and contributors of the database are not liable for the use of any of the enclosed information, added information, or any adverse effects or consequences resulting from the use of any suggestions, preparations or procedures presented. By agreeing to this disclaimer you agree to take full responsibility and liability of the dissemination of the information and understand that you need to seek out advice from a trained health care professional in all matters pertaining to your or your patient's physical health. The Professional Title, Professional Notes, and Patient Instructions are provided by the practitioner and are the sole responsibility of the practitioner. Medical supervision is advised for serious health conditions, pregnant/lactating mothers and young children. If any serious side effects are noted, discontinue use and call your doctor.

End User License Agreement

NUTRI-WEST, INC.

SOFTWARE LICENSE AGREEMENT

This Software License Agreement (the "Agreement") is a legal Agreement between you the Licensee (person, or entity) and Nutri-West, Inc. (NW). This Agreement is effective from the day that either you open the sealed media package, or from the time that you indicate your approval of the terms of the Software License Agreement by clicking on "Agree" during the installation sequence, whichever is the earlier.

GRANT OF LICENSE:
Subject to your paying all License fees to your Supplier for this program (or any subsequent updates) when or before they fall due, this Agreement grants you a non-exclusive right to use the Software Product and User Documentation, which may be in the form of printed documents and/or in Online, Postscript, or other electronic form (collectively "Software"), on the Licensed Equipment as specified on the relevant Product Authorization Certificate (PAC) issued to you, or as determined by the evaluation key issued to you by your Supplier.  In addition you may make one copy of the Software for backup or archival purposes and as many printed copies of Postscript or electronic User Documentation as reasonably necessary to exercise your right to use the Software. Also, you may execute, use, or reproduce the Software on another comparable equipment configuration on a temporary basis during a malfunction, which prevents execution of the Software on the Licensed Equipment.

You may transfer the Software provided you retain no copies of the Software and the recipient agrees to be bound by the terms of this Agreement. Prior to such transfer you must advise your Supplier of your intent and your Supplier reserves the right to charge the transferee for the issue of revised PAC(s).

The PAC, as may be amended from time to time, forms an integral part of this Agreement and you covenant to comply with the terms and conditions therein. If you wish to use the Software on equipment other than as specified in the PAC, then you should contact your Supplier immediately with a view to negotiating a revised License fee and amending the PAC.

This Software is not for institutional use.

COPYRIGHT AND INTELLECTUAL PROPERTY:
The Software is owned by NW or its licensors and is protected by both national and international law. No title to or ownership of any of the Software is transferred to you or any third party by this Agreement.  The Software includes data which represents substantial intellectual property of NW.

Except as expressly set forth in this Agreement you shall not execute, use, reproduce (either permanently or temporarily), rent, lease, sublicense, subdivide, distribute, transfer, display, translate, adapt, arrange or alter the Software or take any action inconsistent with NW's, or its licensors' intellectual property rights in the Software. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law.

You agree to reproduce NW’s copyright and all other legal notices, including but not limited to other proprietary notices, and notices mandated by governmental entities, on all complete or partial reproductions, adaptations, or transmissions of the Software.

LIMITED WARRANTY:
NW warrants that a) the Software will conform substantially in accordance with the User Documentation for a period of 90 days from the date of receipt and b) that any media on which the Software is supplied shall be free from defects in materials and workmanship under normal use for a period of 90 days. NW does not warrant that the execution of the Software shall be uninterrupted or error-free.

CUSTOMER REMEDIES:
NW's entire liability and your exclusive remedy shall be, at NW's option, either a) return of the price paid by you for the Software if applicable, or b) repair or replacement of the Software or media that does not meet this limited warranty and that is returned to your Supplier with a copy of your receipt. Any replacement Software will be warranted for the remainder of the original warranty period.

This limited warranty is void if the condition of the Software, or media is a result of its improper use, or is a result of modifications other than as authorized by NW.

NO OTHER WARRANTIES:

EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NW DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED. BY WAY OF EXAMPLE BUT NOT LIMITATION, WITH RESPECT TO THE SOFTWARE AND ANY ACCOMPANYING USER DOCUMENTATION AND MEDIA, NW AND YOUR SUPPLIER MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES:
IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL NW, ITS CONTRIBUTORS, LICENSORS, OR YOUR SUPPLIER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES) ARISING FROM YOUR USE, OR INABILITY TO USE, THE SOFTWARE.

IT IS ALSO EXPRESSLY AGREED THAT IN NO EVENT SHALL NW, ITS LICENSORS, AND CONTRIBUTORS, OR YOUR SUPPLIER BE LIABLE OR RESPONSIBLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER FOR ANY INJURY, LOSS, DAMAGE OR DEATH, CAUSED OR ALLEGED TO BE CAUSED BY ANY INFORMATION WITHIN THE ENTIRE SOFTWARE.  THE SOFTWARE IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR SOUND MEDICAL ADVICE.  WHEN USING THE SOFTWARE, IT IS WITH THE FULL UNDERSTANDING THAT NW, THE AUTHORS AND CONTRIBUTORS OF THE SOFTWARE ARE NOT LIABLE FOR THE USE OF ANY OF THE ENCLOSED INFORMATION, ADDED INFORMATION OR ANY ADVERSE EFFECTS OR CONSEQUENCES RESULTING FROM THE USE OF ANY SUGGESTIONS, PREPARATIONS OR PROCEDURES PRESENTED BY THE SOFTWARE.  THE LICENSED PROFESSIONAL, ANY OTHER SOFTWARE USER, OR ANY OTHER USER OF THE SOFTWARE IS FULLY RESPONSIBLE FOR DISSEMINATING THE INFORMATION AND FOR ANY RESULTS THEREOF. 

NW'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.

PRIOR AGREEMENTS:
This Agreement overrides all prior written and oral communications regarding the Software and sets out the entire agreement between NW and you, the Licensee. You irrevocably waive any right you may have to claim damages or to rescind (in the case of mis-representation) the Agreement for any mis-representation or warranty not set out in this Agreement unless such mis-representation or warranty was made fraudulently.

SEVERABILITY:
If any provision in this Agreement is declared void or unenforceable by any judicial or administrative authority this shall not nullify the remaining provisions of this Agreement which shall remain in full force and effect.

LAW:
The parties agree to submit to the non-exclusive jurisdiction of the Wyoming courts.

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