The Products transacted through the Windows Store are licensed, not sold,
to You for use only under the terms of this license. The licensor is
MyNetDiary Inc referred to in this license as "Application Provider". The licensor reserves all rights
not expressly granted to You. The Product that is subject to this license is
MyNetDiary Application referred to in this license as the "Licensed Application."
This agreement is concluded between Application Provider and You only, and not with Microsoft Corporation.
Application Provider, not Microsoft Corporation, is solely responsible for the Licensed Application and the content thereof.
The Licensed Application uses MyNetDiary web site http://mynetdiary.com for storing
diary information and MyNetDiary web site http://www.mynetdiary.com for retrieving
additional content such as help text, articles, and other materials. This Agreement incorporates
the "MyNetDiary - Terms and Conditions of Use" located at
http://www.mynetdiary.com/terms.html by reference, and all such terms and conditions
shall continue to apply unless expressly stated below.
located at http://www.mynetdiary.com/privacy.html. This Agreement incorporates
The Licensed Application is an educational tool, it is not a medical device, it is not
a substitute for a medical device or medical care, and it does not provide diagnosis,
cure, mitigation, treatment, or prevention of any disease.
Information provided on MyNetDiary web site and in the Licensed Application
is for general use only and is not intended to provide
personal medical advice or substitute for the advice
of your physician. If you have questions or concerns about individual health matters or
the management of your diabetes, please consult your diabetes care team.
a. Scope of License: This license granted to You for the Licensed Application by
Application Provider is limited to a non-transferable license to use the Licensed Application
on any Windows computer or tablet that You own or control.
This license does not allow You to use the Licensed Application on any Windows computer or tablet
that You do not own or control, and You may not distribute or make the Licensed
Application available over a network where it could be used by multiple devices at
the same time. You may not rent, lease, lend, sell, redistribute or sublicense
the Licensed Application. You may not copy (except as expressly permitted by this
license and the Usage Rules), decompile, reverse engineer, disassemble, attempt
to derive the source code of, modify, or create derivative works of the Licensed
Application, MyNetDiary database containing Nutrition Facts labels, any updates,
or any part thereof (except as and only to the extent any foregoing restriction
is prohibited by applicable law or to the extent as may be permitted by the
licensing terms governing use of any open sourced components included with the
Licensed Application). Any attempt to do so is a violation of the rights of
the Application Provider and its licensors. If You breach this restriction,
You may be subject to prosecution and damages. The terms of the license will
govern any upgrades provided by Application Provider that replace and/or supplement
the original Product, unless such upgrade is accompanied by a separate license in
which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Application Provider may collect
and use technical data and related information, including but not limited to technical
information about Your device, system and application software, and peripherals,
that is gathered periodically to facilitate the provision of software updates,
product support and other services to You (if any) related to the Licensed Application.
Application Provider may use this information, as long as it is in a form that
does not personally identify You, to improve its products or to provide services or technologies to You.
Contributed Content: As used in this Agreement, Contributed Content is defined as any photographs,
pictures, videos, and any information about foods including but not limited to food name, UPC, and nutritional information.
You hereby grant to Application Provider a worldwide, perpetual, irrevocable, nonexclusive, royalty-free,
fully-paid up, transferable right and license, with the right to sublicense,
under all of your intellectual property and other rights in the Contributed Content, to
(a) reproduce, distribute, transmit, publicly perform and publicly display the Contributed Content, in whole or in part,
in any manner and media, (b) modify, adapt, translate and create derivative works from the Contributed Content,
in whole or in part, in any manner and media, (c) sublicense the foregoing rights, in whole or in part,
to any third party, with or without a fee and (d) exercise any and all other present or future rights in the Contributed Content.
Moral Rights. You hereby waive and agree never to assert any claim of Moral Rights in the Contributed
Content against Application Provider. Moral Rights means any right to (a) divulge the Contributed Content
to the public; (b) retract the Contributed Content from the public; (c) claim authorship of the Contributed Content;
(d) object to any distortion, mutilation or other modification of the Contributed Content; or (e) any and all
similar rights, existing under judicial or statutory law of any country or jurisdiction in the world,
or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.
Restrictions. You agree that you will not submit Contributed Content that is unlawful, pornographic, libelous,
defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise
violates general MyNetDiary.com website community standards. Application Provider expressly reserves the right to remove
or not make available any Contributed Content that is deemed to be in violation of this Agreement, applicable
laws or our community standards in Application Provider's sole discretion.
No Obligation. Although Application Provider has the right to include Contributed Content in the Service,
Application Provider does not have the obligation to do so. Application Provider may, in its sole discretion
and for any reason, refuse the Contributed Content or remove it from MyNetDiary Service at any time.
c. Termination. The license is effective until terminated by You or Application
Provider. Your rights under this license will terminate automatically without
notice from the Application Provider if You fail to comply with any term(s)
of this license. Upon termination of the license, You shall cease all use of
the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access
to Application Provider's and third party services and web sites
(collectively and individually, "Services"). Use of the Services may
require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content
that may be deemed offensive, indecent, or objectionable, which content may
or may not be identified as having explicit language, and that the results
of any search or entering of a particular URL may automatically and unintentionally
generate links or references to objectionable material. Nevertheless,
You agree to use the Services at Your sole risk and that the Application
Provider shall not have any liability to You for content that may be
found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data,
information, applications or materials from third parties ("Third Party Materials")
or provide links to certain third party web sites. By using the Services,
You acknowledge and agree that the Application Provider is not responsible
for examining or evaluating the content, accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other
aspect of such Third Party Materials or web sites. The Application Provider
does not warrant or endorse and does not assume and will not have any
liability or responsibility to You or any other person for any
third-party Services, Third Party Materials or web sites, or for any other
materials, products, or services of third parties. Third Party Materials
and links to other web sites are provided solely as a convenience to You.
Financial information displayed by any Services is for general informational
purposes only and is not intended to be relied upon as investment advice.
Before executing any securities transaction based upon information obtained
through the Services, You should consult with a financial professional.
Location data provided by any Services is for basic navigational purposes
only and is not intended to be relied upon in situations where precise
location information is needed or where erroneous, inaccurate or incomplete
location data may lead to death, personal injury, property or environmental
damage. Neither the Application Provider, nor any of its content providers,
guarantees the availability, accuracy, completeness, reliability, or
timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information
and material that is protected by applicable intellectual property and
other laws, including but not limited to copyright, and that You will
not use such proprietary content, information or materials in any way
whatsoever except for permitted use of the Services. No portion of the
Services may be reproduced in any form or by any means. You agree not
to modify, rent, lease, loan, sell, distribute, or create derivative
works based on the Services, in any manner, and You shall not exploit
the Services in any unauthorized way whatsoever, including but not
limited to, by trespass or burdening network capacity. You further agree
not to use the Services in any manner to harass, abuse, stalk, threaten,
defame or otherwise infringe or violate the rights of any other party,
and that the Application Provider is not in any way responsible for any
such use by You, nor for any harassing, threatening, defamatory,
offensive or illegal messages or transmissions that You may receive
as a result of using any of the Services.
In the event of any third party claim that the Licensed Application or
Your possession and use of the Licensed Application infringes that third party's intellectual property rights,
Service Provider, not Microsoft Corporation, will be solely responsible for the investigation, defense, settlement and discharge
of any such intellectual property infringement claim.
In addition, third party Services and Third Party Materials that
may be accessed from, displayed on or linked to from the Licensed Application are not available in all languages or in all countries.
The Application Provider makes no representation that such Services
and Materials are appropriate or available for use in any particular
location. To the extent You choose to access such Services or Materials,
You do so at Your own initiative and are responsible for compliance with
any applicable laws, including but not limited to applicable local laws.
The Application Provider, and its licensors, reserve the right to change,
suspend, remove, or disable access to any Services at any time without notice.
In no event will the Application Provider be liable for the removal of
or disabling of access to any such Services. The Application Provider
may also impose limits on the use of or access to certain Services,
in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED
APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES
PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED
"AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,
AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS
FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT
THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY,
THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION
OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER
OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD
THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
MICROSOFT CORPORATION HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION,
AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE
OF THE LICENSED APPLICATION.
Application Provider is solely responsible for providing any maintenance services with respect to
the Licensed Application, as required under applicable law.
Microsoft Corporation has no obligation whatsoever to furnish any maintenance and support services with respect
to the Licensed Application.
Application Provider collects end-user's feedback in order to facilitate periodic updates of the Licensed Application.
Please, send Your questions, complaints or claims with respect to the Licensed Application to the following address:
Company: MyNetDiary Inc
Mail address: 811 Church Road, Suite 105, Cherry Hill, New Jersey 08002
Phone: (800) 385-7461
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR
USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS
OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF
APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL
INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY
NOT APPLY TO YOU. In no event shall Application Provider's total liability
to you for all damages (other than as may be required by applicable law in
cases involving personal injury) exceed the amount of fifty dollars ($50.00).
The foregoing limitations will apply even if the above stated remedy fails
of its essential purpose.
Service Provider, not Microsoft Corporation, is responsible for
addressing any claims of You or any third party relating to the Licensed Application or the
Your possession and/or use of the Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar legislation.
g. Assumption of Risk.
You acknowledge that your diet and exercise activities involve risks,
which may involve risk of bodily injury or death, and that you assume those risks.
You should consult a licensed physician prior to beginning or modifying any
diet or exercise program that you undertake, and you acknowledge that
the Application Provider has advised you of the necessity for obtaining
such consultations. In addition, the Licensed Application should not be used
by pregnant women or individuals under age 18. The Licensed Application
is a source of information, but it does not provide medical advice.
In no event shall the Application Provider be liable for any death or
bodily injury that you suffer, or that you cause to any third party,
in connection with your use of the Licensed Application or any diet,
exercise or other activity you undertake in connection with your use
of the Licensed Application.
h. You may not use or otherwise export or re-export the Licensed Application
except as authorized by United States law and the laws of the jurisdiction
in which the Licensed Application was obtained. In particular, but without
limitation, the Licensed Application may not be exported or re-exported (a)
into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department
of Commerce Denied Person's List or Entity List. By using the Licensed
Application, you represent and warrant that you are not located in any
such country or on any such list. You also agree that you will not use
these products for any purposes prohibited by United States law, including,
without limitation, the development, design, manufacture or production of
nuclear, missiles, or chemical or biological weapons.
Your represent and warrant that
(i) you are not located in a country that is subject to a U.S. Government embargo,
or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
i. Third Party Beneficiary: Microsoft Corporation, and Microsoft Corporation's subsidiaries, are third party beneficiaries of this agreement.
Upon Your acceptance of the terms and conditions of the this agreement,
Microsoft Corporation will have the right (and will be deemed to have accepted the right) to enforce
this agreement against You as a third party beneficiary thereof.
j. The Licensed Application and related documentation are "Commercial Items",
as that term is defined at 48 C.F.R. sect2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation",
as such terms are used in 48 C.F.R. sect12.212 or 48 C.F.R. sect227.7202,
as applicable. Consistent with 48 C.F.R. sect12.212 or 48 C.F.R. sect227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S. Government
end users (a) only as Commercial Items and (b) with only those rights as are
granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States.
k. The laws of the State of New Jersey, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.