FITOSOFT END-USER LICENSE AGREEMENT

IMPORTANT — READ CAREFULLY:

This Fitosoft Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Fitosoft Inc. for the Fitosoft Inc. software product identified above, which includes client-server application software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Fitosoft Inc. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

GRANT OF LICENSE. This EULA grants you the following rights:
•	Server Application Software. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the server application software on a single computer, workstation, terminal, handheld PC, or other digital electronic device ("SERVER COMPUTER").
•	Client Application Software. You may install, use, access, display, run, or otherwise interact with ("RUN") copies of the client application software on any computer, workstation, terminal, handheld PC, or other digital electronic device connected to the local network ("CLIENT COMPUTER").
•	License Pack. If this package is a Fitosoft Inc. License Pack, you may RUN additional copies of the server application software portion of the SOFTWARE PRODUCT up to the number of copies specified above as "Licensed Copies."
•	Reservation of Rights. All rights not expressly granted are reserved by Fitosoft Inc.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
•	Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale," then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes, and you may not resell or otherwise transfer for value the SOFTWARE PRODUCT.
•	Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
•	Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Fitosoft Inc.
•	Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
•	Support Services. Fitosoft Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Fitosoft Inc. as part of the Support Services, Fitosoft Inc. may use such information for its business purposes, including for product support and development. Fitosoft Inc. will not utilize such technical information in a form that personally identifies you.
•	Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA.
•	Termination. Without prejudice to any other rights, Fitosoft Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

UPGRADES.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Fitosoft Inc. as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Fitosoft Inc. or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

BACKUP COPY.
After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Fitosoft Inc. solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.

HIGH RISK ACTIVITIES.
This SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE PRODUCT could lead directly to death, personal injury, or severe physical or environmental damage.

NO WARRANTIES.
Fitosoft Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

NO LIABILITY FOR DAMAGES
In no event shall Fitosoft Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this SOFTWARE PRODUCT, even if Fitosoft Inc. has been advised of the possibility of such damages.

DATA PRIVACY AND COLLECTION.
To improve the SOFTWARE PRODUCT and provide better support, Fitosoft Inc. may collect non-personal usage data, diagnostic information, and performance metrics from your use of the SOFTWARE PRODUCT. This data will be used solely for product improvement, analytics, and support purposes. By using the SOFTWARE PRODUCT, you consent to such data collection and use. Fitosoft Inc. complies with applicable data protection laws, including GDPR where relevant, and will not share personally identifiable information without your consent.

EXPORT RESTRICTIONS.
You acknowledge that the SOFTWARE PRODUCT is subject to U.S. export jurisdiction and agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

GOVERNING LAW.
This EULA is governed by the laws of the State of California, without regard to its conflict of laws principles. Any disputes arising under this EULA shall be resolved exclusively in the state or federal courts located in Santa Clara County, California.

SEVERABILITY.
If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT.
This EULA constitutes the entire agreement between you and Fitosoft Inc. regarding the SOFTWARE PRODUCT and supersedes all prior or contemporaneous understandings or agreements, whether oral or written.
