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Do not use this software unless you accept the following terms and conditions.
This License Agreement ("license") is a legal agreement between the licensee ("you") and Digital Rowing Inc ("Digital Rowing") for the RowPro software product, together with any associated electronic or printed documentation, and any updates ("the Software"). Any third party software provided with or as part of RowPro is licensed to you subject to the terms and conditions of the applicable third party license agreement, and you agree to be bound by the terms of that agreement. By downloading, installing or using the Software, you agree to be bound by the terms of this license.
The licensee of this software is the person or organization who purchased the Software from Digital Rowing or one of its Distributors. The licensee of a free Tryout of the Software is the person or organization who installed the Software in one or more personal computers.
This is a license to use the Software, not an agreement to sell you the Software.
Digital Rowing remains the exclusive owner of the Software, and this license transfers no title, ownership, copyright or intellectual property rights in respect of the Software to you or to any other party.
To use the Software, you must have received a free Tryout Key, or have purchased the applicable Product Key, from Digital Rowing.
This license grants you the non-exclusive, non-transferable, right to use one registered copy of the Software on the number of personal computers ("PCs") specified in the Product Key for use by the number of users specified in the Product Key until the expiry date if any specified in the Product Key.
You may print one copy of any documentation that is only provided in electronic form with the Software.
You may not disassemble, decompile, lock-bypass, reverse engineer, modify or decode the Software in any way for any reason whatsoever.
You may not copy any printed documentation that is provided with the Software. Digital Rowing reserves all rights not expressly granted to you in this license.
In consideration for free use of Tryout copies of the Software, you agree to use the Software entirely at your own risk, and to accept full responsibility for any problems that may ensue and/or any claims that may be brought by any users of the Software licensed to you. You agree to indemnify and hold harmless Digital Rowing from any claims brought by a user or a third party on the user's behalf, relating to the use of RowPro. Digital Rowing provides no warranties whatsoever on free Tryout copies of the Software.
If the Product Key you purchased allows other people to use RowPro, you are responsible for ensuring that all users are presented with and accept the conditions of this License Agreement, and that all users consult their Doctor before using RowPro Training Plans. If a user is a minor, you shall inform the user's parent or legal guardian of these requirements and ensure that they comply therewith.
Any reference in this License Agreement to a "user" shall also apply to the parent or legal guardian of a user who is a minor under the applicable law of your jurisdiction. You are responsible for ensuring the parent or legal guardian of a user who is a minor understands and complies with the terms of this License Agreement, including the Medical Warning below.
This license commences when you click the Accept button during installation of the Software. Digital Rowing may terminate this license if you breach any of the terms and conditions of the license. Should this occur, you must destroy all copies of all parts of the Software.
Digital Rowing warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of ninety days from the date of purchase, and Digital Rowing support engineers will make commercially reasonable efforts to solve problems. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.
Digital Rowing does not warrant that the Software will meet your requirements, and does not warrant that the Software is free of errors or defects, and the existence of any such will not constitute a breach of this license. Digital Rowing will not be responsible to you for costs or damages incurred as a result of any such errors or defects.
To the maximum extent allowed by law, Digital Rowing disclaims all other express or implied warranties, including warranties of merchantability, fitness for purpose, or the provision of or failure to provide support services.
To the extent allowed by law, in no event will Digital Rowing be liable for any direct, indirect, special or consequential damages whatsoever (including, without limitation, damages for loss of information, profits or income, or personal injury, or any other loss) arising out of the use of or inability to use the Software.
Notwithstanding the foregoing, if there is any event or circumstance resulting in liability, Digital Rowing's liability will not exceed the price you paid for the Software.
Digital Rowing's training plans are based on statistical norms in demographic data. Each user is not a statistical norm! No two human beings are alike. Digital Rowing doesn't know the personal medical history or fitness level of individual users. There is no way for Digital Rowing to know whether a training plan is suitable for any given user. Only the user can make that determination in consultation with a doctor.
Digital Rowing does not warrant that the training plan is fit for any specific user or suitable for any user's specific purpose.
Digital Rowing is a computer software company. It is not licensed to give medical advice. Digital Rowing would never give such advice, even if so qualified, purely on the basis of information furnished in response to a questionnaire.
Digital Rowing's training plans should only be used in conjunction with a comprehensive program involving professional advice, nutritional advice and exercise appropriate to each user's age, fitness level and medical history.
Digital Rowing shall not be liable for any personal injuries that any user may sustain as a consequence of using Digital Rowing's training plans. Digital Rowing shall not liable for any personal injuries that any user may sustain as a consequence of using the rowing machine, including the user's selection of various exercise options.
Do not race unless you are in good physical condition. Do not race if, on race day, you feel unwell or have recently been suffering from a physical injury or illness. Indoor rowing racing requires maximal effort and Digital Rowing takes no responsibility for illness or injury caused as a consequence. If you have any doubts, seek medical advice prior to racing.
Physical exertion is healthy. Too much physical exertion is unhealthy. It's a fine line that only the user can draw after seeking appropriate professional advice. Users use RowPro entirely at their own risk.
Use of RowPro by any user shall constitute the user's acceptance of the foregoing Medical Warning disclaimer.
Except as otherwise expressly mandated by the relevant law in your jurisdiction, this license is governed by, and is to be construed in accordance with, the substantive laws of New Zealand whose courts will have jurisdiction over all disputes which may arise in respect of this license.
Digital Rowing Inc. USA