PowerCoach Software License Agreement
• You must read completely and carefully all the terms and conditions of this agreement between PowerCoach Software and yourself (the LICENSEE).
• PowerCoach Software is
willing to license the SOFTWARE to you only on the condition that you accept
all the terms contained in this license agreement. The subject of this
agreement is the computer program PowerCoach® together with its content,
supplements and documentation (the SOFTWARE).
1. OWNERSHIP AND LICENSE
THIS AGREEMENT IS A LICENSE AGREEMENT AND NOT AN AGREEMENT FOR SALE.
PowerCoach Software continues to own the copy of the SOFTWARE and all other copies that the LICENSEE is authorized by this agreement to make.
The rights to use the SOFTWARE are
specified in this agreement, and PowerCoach Software retains all other
rights not expressly granted to the LICENSEE in this agreement.
2. RIGHTS GRANTED
PowerCoach Software grants the LICENSEE,
a personal and non-exclusive right to use the program and the related documentation
(the SOFTWARE) for the platform, and this, in the terms and conditions
defined below.
LICENSEE may:
a) Use the SOFTWARE on any computer
on which it is intended to be used, provided that the SOFTWARE is used
on a single computer at a time.
b) Physically transfer the SOFTWARE
from one computer to another, provided that the SOFTWARE is used on one
computer at a time.
c) Transfer all the rights to use the SOFTWARE to a third party, provided that you transfer
• this agreement,
• all copies of the SOFTWARE including
• supplements and complete documentation
to such third party and provided
that the new LICENSEE accepts all the terms contained in this license agreement
and that you retain no copies of the SOFTWARE. Such transfer involves the
termination of the license granted to you and you have no longer any right
to use the SOFTWARE.
LICENSEE may not:
a) Rent or share the SOFTWARE or
grant any kind of rights, regarding the SOFTWARE or any portion thereof
(except the rights granted in this article 2) in any form to any third
party without the prior written consent of PowerCoach Software.
b) Modify, translate, reverse-engineer,
decompile, disassemble partially or completely the SOFTWARE.
c) Remove or alter any SOFTWARE identification,
proprietary notice, labels or trademarks which appear on or in the SOFTWARE.
d) Disclose the results of any benchmark
or other test of the SOFTWARE, without prior written consent of PowerCoach Software.
e) Reproduce or distribute documentation
of the SOFTWARE without prior written consent of PowerCoach Software.
If you wish to use the SOFTWARE on more than one computer, you must obtain additional licenses, subject to the standard fees in effect at the time of order.
Transfer of the SOFTWARE to another
computer platform or operating system is subject to the standard fees in
effect at the time of such transfer.
3. UPDATES
If LICENSEE purchases an updated version of the SOFTWARE, it constitutes a single product with the previous versions of the SOFTWARE. It is the same subject and is an integrated part of this agreement.
LICENSEE agrees to destroy personally
the previous version of the SOFTWARE and not use and not permit the use
of any previous version of the SOFTWARE.
4. LIMITED WARRANTY AND LIABILITY
The program ist provided "as is", without warranty of any kind, either express or implied and including but not limited to the warranties of performance, merchantability, fitness for any particular purpose and non-infringement to third party rights.
More specifically, Köchli Sport AG does not warrant that the functions included in the SOFTWARE will meet the requirements of LICENSEE or that the operation will be uninterrupted or error free. The entire risk as to the use, quality and performance of the SOFTWARE is with LICENSEE.
PowerCoach Software or anyone else who has been involved in the design, production or distribution of the SOFTWARE will not be liable for any incidental, consequential, direct or indirect damages caused to LICENSEE, any user or third party, including but not limited, to the loss of profits, loss of data or any other financial loss arising from the use of the SOFTWARE or inability to use it even if PowerCoach Software has been notified of the possibility of such damages.
In any case, the liability of PowerCoach Software shall not exceed the amount of money in application of this license
agreement.
5. INTELLECTUAL PROPERTY
The conception, structure and organization
of the SOFTWARE are the intellectual property of PowerCoach Software and
protected as such by copyright law.
6. TERM AND TERMINATION OF AGREEMENT
This license is effective until terminated.
The LICENSEE may terminate a license at any time without cause upon written notice. This termination shall not relieve the LICENSEE from its liability to respect all the obligations related to this agreement.
If the LICENSEE fails to comply with any provision of this agreement, this license and the right to use the SOFTWARE automatically terminate. This termination does not prevent PowerCoach Software from claiming any further damages.
Upon termination for any reason,
the LICENSEE shall personally destroy or return the SOFTWARE to PowerCoach Software, including any copy made whether partial or whole.
7. GENERAL PROVISIONS
No change or modification to this agreement will be valid unless it is in writing, and signed by the LICENSEE and an authorized person of PowerCoach Software.
This is the entire agreement between PowerCoach Software and LICENSEE. It supersedes any prior verbal, digital or written communication, advertising or agreement between PowerCoach Software and LICENSEE.
The relationship between PowerCoach Software and the LICENSEE is that of LICENSER and LICENSEE. In all matters relating to the present agreement, the LICENSEE will act as independent contractor.
THIS AGREEMENT IS GOVERNED BY
THE LAWS IN FORCE IN SWITZERLAND. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING
OUT OF OR RELATED TO THIS AGREEMENT SHALL BE SETTLED BY ADJUDICATION BEFORE
THE COMPETENT COURTS IN SWITZERLAND.
The LICENSEE acknowledges to have
read, understood and agrees to be bound by the terms and conditions of
this agreement.
DATE:
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LICENSEE:
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Should you have any questions concerning
this agreement, or wish to request any further information, please contact:
PowerCoach Software
Crêt Besson 4
2615 Sonvilier
Switzerland
Tel +41 - (0)32 - 941 31 84
Fax +41 - (0)32 - 941 39 29
www.powercoach.ch
PowerCoach® is a registered trademark
of PowerCoach Software.
PowerCoach® is published and distributed by PowerCoach Software.