This End-User License Agreement (“EULA”) is a legal agreement between you and Barbell Medicine, LLC.
This EULA agreement governs your acquisition and use of our Barbell Medicine software (“Software”) directly from Barbell Medicine, LLC or indirectly through a Barbell Medicine, LLC authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the Barbell Medicine software. It provides a license to use the Barbell Medicine software and contains warranty information and liability disclaimers.
If you register for a free trial of the Barbell Medicine software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Barbell Medicine software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Barbell Medicine, LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Barbell Medicine, LLC updates, supplements, Internet- based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Barbell Medicine, LLC hereby grants you a personal, non-transferable, non-exclusive license to use the Barbell Medicine software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Barbell Medicine software onto a device (for example, a smartphone) under your control. You are responsible for ensuring your device meets the minimum requirements of the Barbell Medicine software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;
- Allow any third party to use the Software on behalf of or for the benefit of any third party;
- Use the Software in any way which breaches any applicable local, national or international law; or
- Use the Software for any purpose that Barbell Medicine, LLC considers is a breach of this EULA agreement
Intellectual Property and Ownership
Barbell Medicine, LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Barbell Medicine, LLC.
Barbell Medicine, LLC reserves the right to grant licenses to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Barbell Medicine, LLC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
You acknowledge and agree that use of Barbell Medicine software is at your sole risk. To the extent permitted by law, the software and any services performed or provided are “as is”, with all faults and without warranty of any kind, and you disclaim all warranties and conditions with respect to the software and any services, either express, implied, or statutory, including but not limited to the implied warranties and/or conditions of quality, of fitness for a particular purpose, of accuracy, and of noninfringement of third-party rights. Should the software or services prove defective, you assume the entire cost of all necessary repair or correction.
Limitation of Liability
In no event shall licensor be liable for personal injury or any incidental, indirect, or consequential damages, including without limitation damages for loss of profits, loss of data, or any other damages or losses arising out of or related to your use of Barbell Medicine software, and even if you had been advised of the possibility of such damages.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of The United States.