Hartware Technologies End User License Agreenment(EULA)

Hartware Technologies.

END USER LICENSE AGREEMENT

PLEASE READ THE TERMS OF THE FOLLOWING LICENSE AGREEMENTCAREFULLY. BY INSTALLING THE SOFTWARE DISTRIBUTED WITH THIS AGREEMENT (THE "SOFTWARE"), YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD THE SOFTWARE AND/OR RETURN THE SOFTWARE FOR A REFUND OF ALL LICENSE FEES PAID BY YOU FOR SUCH SOFTWARE.
1. LICENSE GRANT

(a) This Software may be used on two machines owned by the same person IN THE SAME LOCATION and is strictly limited to studio, home, personal or recreational use only by the owner of the machines. It may NOT be used for the benefit of third parties. No resales allowed.

(b) Subject to the terms of this Agreement, Hartware Technologies grants you a non-exclusive, non-transferable license to use the Software distributed with this Agreement during the term of this Agreement on a single designated computer. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Such license shall be annual or monthly and is conditioned upon the receipt by Hartware Technologies or its authorized reseller of full payment, if any, for the Software but shall be terminable as provided herein. Your rights in the Software are limited to those expressly granted in this Section 1. Your rights in the Software do not cover any broadcast or media use without execution of a separate agreement with Hartware Technologies allowing you to do so. All documentation and all releases, corrections, updates and enhancements provided hereunder shall be considered part of the "Software". The geographical information made available for display using the Software is provided under a nonexclusive, non-transferable license for use only by you. You may not use the Software or the geographical information made available for display using the Software, or any prints or screen outputs generated with the Software in any commercial or business environment or for any commercial or business purposes for yourself or any third parties.

(c) Users are given a 14-day free trial period to fully test this software with their system before purchasing. Upon purchasing, regardless of when, user understands no refunds are accepted due to this trial period.

(d) Hartware Technologies is not responsible for any time/monetary loss to any business that finds this software not functioning to their expectations. It is the studio's or businesses responsibility to keep their customers and in no way is Hartware Technologies responsible.

(e) Hartware Technologies is not responsible for any hardware not functioning (trainers, ANT devices, etc.) despite any manufacturer's claims that it does. This includes, but not limited too, cables connecting to trainers and wearable gear such as biking shoes, heart rate straps, etc.

(f) All reports posted to the internet MUST contain PerfPRO's footer, including copyright information for all parties and PerfPRO's logo. NO EXCEPTIONS.

(g) EU General Data Protection Regulation (GDPR), effective May 25th, 2018: For European customers, Hartware Technologies does not share, in any way, athlete profile information or any other information in that matter publicly. Only essential data required to connect to other websites is used to post athlete workouts. In this case all data is encrypted and sent over a secure line (SSL) to the same athlete's website account. Athlete profiles may be deleted upon request by the end-user. Athletes at studio locations should contact the studio/business owner if they wish to have their profile removed. All athlete and performance data may be exported so athletes may see exactly what data is available.

European Studio/Businesses are fully bound by GDPR and are liable if they choose to share athlete profiles without the athlete's concent. This is out of Hartware Technologies control and Hartware Technologies cannot be held responsible for their actions.

THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES OR ANY OTHER SUCH HAZARDOUS ACTIVITIES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Your rights under this license will terminate automatically without notice from Hartware Technologies if you fail to comply with any term(s) of this license.

2. LICENSE RESTRICTIONS

You shall not copy, reverse engineer, decompile, disassemble, translate, modify or make derivative works of the Software, geographical information, screen outputs or prints in whole or in part. Further, you shall not rent, disclose, publish, sell, assign, lease, rent, sublicense, market, or transfer the Software, geographical information, prints or screen outputs or any part thereof or use it in any manner not expressly authorized by this Agreement. Any attempt to transfer any of the rights, duties or obligations hereunder except as expressly provided for in this Agreement is void. The Software contains confidential and trade secret information of Hartware Technologies, and you shall at all times take reasonable steps to protect the confidentiality of such information.

PerfPRO Studio has video capabilities to associate workouts with videos. Workout/Video associations made for PerfPRO Studio may NOT be sold by 3rd party vendors for profit.

3. PROPRIETARY RIGHTS

You will not delete or in any manner alter the copyright, trademark, or other proprietary rights notices of Hartware Technologies and its licensors, if any, appearing on or in the Software, screen outputs and prints generated with the Software as delivered to you. You will reproduce such notices on all copies you make of the Software.

4. LIMITED WARRANTY AND LIMITATION OF LIABILITY

(a) Limited Warranty. Hartware Technologies warrants for the period of ten (10) days from the date of delivery of the Software to you that the medium on which the Software is furnished (if applicable) will be free from defects in materials and workmanship under normal use. Hartware Technologies will, at its option, replace or refund the purchase price of faulty medium at no charge to you, provided you return the faulty medium to Hartware Technologies. Hartware Technologies will have no responsibility to replace or refund the purchase price of any medium damaged by accident, abuse or misapplication.

(b) Virus Warranty. Hartware Technologies warrants that all Software supplied under this Agreement will be supplied free of viruses or other similar intentionally disabling code.

(c) Third Party References and Material. References made either in the Software or in the statistical data displayed using the Software may include reference to products, services, trademarks or hyperlinks of third parties. No such reference(s) shall constitute or imply an endorsement or recommendation by Hartware Technologies. In addition, as with any graph, you should exercise caution when using information displayed using the Software. The statistical information displayed using the Software is to be used only as an aid in personal or recreational planning. Hartware Technologies makes no guarantees concerning the absolute accuracy, currency, or quality of the content displayed using the Software.

(d) THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND HARTWARE TECHNOLOGIES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HARTWARE TECHNOLOGIES, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.

Some States do not allow the exclusion of implied warranties. In that event, any implied warranties are limited in duration to ninety (90) days from the date of delivery of the Software.

(e) Limitation of Liability. IN NO EVENT SHALL HARTWARE TECHNOLOGIES OR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT, THE USE OF THE SOFTWARE, WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, OR OTHER FORM OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. HARTWARE TECHNOLOGIES' AND ITS EMPLOYEES', DISTRIBUTORS', DEALERS' AND AGENTS' AGGREGATE TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE LICENSE FEE PAID TO HARTWARE TECHNOLOGIES OR ITS AUTHORIZED RESELLER BY YOU. You expressly assume all responsibility for any damages, lost data, lost profits and other consequential damages that may result in any way out of this Agreement, including without limitation, use of the Software. You expressly agree that the license fee has been negotiated and agreed to by Hartware Technologies basedin part upon the foregoing limitation of liability.

5. GOVERNMENT RIGHTS

The Software is "commercial computer software", and is provided with restricted rights. Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable.

6. COMPLIANCE WITH LAW

You acknowledge and agree that the Software, statistical information, and any other technical data provided hereunder are subject to restrictions and controls imposed by the United States government. You agree and certify that neither the Software, statistical information nor any technical data provided hereunder is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States government or will be used for any purpose prohibited by the same. You further agree to comply with all laws and regulations of all jurisdictions in your use of the Software and geographical information.

7. GENERAL

(a) Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois applicable to agreements entered into and to be performed entirely within Illinois between Illinois residents, and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods.

(b) Assignment. This Agreement will bind and inure to the benefit of each party's successors and assigns, provided that you may not assign this Agreement, in whole or in part, without Hartware Technologies’ prior written consent.

(c) Severability. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and if not possible, severed, and the legality and enforceability of the other provisions of this Agreement will not be affected.

(d) Survival of Obligations. The provisions of Sections 3 (Proprietary Rights), 5(e) (Limitation of Liability), 5 (Government Rights), and 7 (General) will survive termination of this Agreement.

(e) Entire Agreement. This license constitutes the entire agreement between you and Hartware Technologies with respect to the use of the Software.