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SWIM SMOOTH MR SMOOTH FREE AND PRO CONSOLE lICENSE AGREEMENT

LICENSE AGREEMENT FOR SWIM SMOOTH MR SMOOTH FREE AND PRO CONSOLES AND ALL DOCUMENTATION

These terms and conditions relate to the following Swim Smooth products:

- MR SMOOTH FREE CONSOLE
- MR SMOOTH PRO CONSOLE ENTHUSIASTS EDITION
- MR SMOOTH PRO CONSOLE COMMERCIAL EDITION

This agreement sets out the terms and conditions for downloading, copying, installing, or using all of the above listed software and associated material and documentation including any modified versions or updates (collectively “software”).

This agreement is in addition to the Swim Smooth Site And Product Terms And Conditions.

 

INTRODUCTION

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE PACKAGE. BY OPENING THE SOFTWARE PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND THAT IT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.

INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, SELECT THE "DISAGREE" BUTTON AT THE END OF THIS AGREEMENT AND THE SOFTWARE DOWNLOAD WILL NOT CONTINUE.

 

RESTRICTIONS - MR SMOOTH FREE CONSOLE & MR SMOOTH PRO CONSOLE ENTHUSIASTS EDITION

All downloads and use of the software are subject to the following terms:

As long as you comply with the terms of this Agreement, you are granted a non-exclusive license to install and use the Software on a single computer for private study and not-for-profit purposes. Except as expressly permitted in this Agreement, you may not use, copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Software in whole or part or transmit the Software by any means including but not limited to video, television, DVD, internet media of any kind, written media or display in a public place.

EXPLICITLY: YOU MAY NOT USE THE SOFTWARE FOR ANY COACHING PURPOSE, FOR-PROFIT OR OTHERWISE IN ANY CAPACITY. THIS INCLUDES BUT IS NOT LIMITED TO COACHING INDIVIDUALS, CLASSES, CLINICS, LESSONS, CLUBS, SOCIETIES OR ANY OTHER GROUPS.

You shall not remove any copyright notices or other proprietary notices from the Software. Except as expressly stated herein this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted herein are reserved by Swim Smooth.

 

RESTRICTIONS - MR SMOOTH PRO CONSOLE COMMERCIAL EDITION

All downloads and use of the software are subject to the following terms:

As long as you comply with the terms of this Agreement, you are granted a non-exclusive license to install and use the MR SMOOTH PRO CONSOLE COMMERCIAL EDITION on a single computer for use in a coaching capacity with individuals and groups in a single location. Except as expressly permitted in this Agreement, you may not use, copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute, broadcast or create derivative works based upon the Software in whole or part or transmit the Software by any means including but not limited to video, television, DVD, internet media of any kind, written media or display in a public place.

You shall not remove any copyright notices or other proprietary notices from the Software. Except as expressly stated herein this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted herein are reserved by Swim Smooth.

 

INSTALLATION

Each license holder may install the Software on up to two computers belonging to them only. Licenses may be monitored and withdrawn if the license agreement has been found to be broken.

 

TERMINATION

This Agreement and your license to use the Software will continue so long as you remain in compliance with the terms and conditions of this Agreement. Your license may be terminated automatically without notice from Swim Smooth if you breach any of your obligations hereunder. Upon termination, you shall cease using the Software and shall destroy all copies of the Software (and associated materials and documentation) in any form.

All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement.

 

MONITORING

The software may be monitored for the purpose of identifying unauthorised use or software piracy and as a basis for termination of one or many Software licenses.

 

DISCLAIMERS

In no event shall Swim Smooth be liable to any party for direct, indirect, special, incidental, or consequential damages, including lost profits, arising out of the use or inability to use this software and its documentation, even if Swim Smooth has been advised of the possibility of such damage.

The software and accompanying documentation, if any, provided hereunder is provided "as is". Swim Smooth specifically disclaims any implied warranties of any kind including but not limited to warranties of merchantability, nonfringement, and fitness for a particular purpose.

Swim Smooth has no obligation to provide maintenance, support, updates, enhancements, or modifications.

Swim Smooth does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the software.

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