By installing or using the Diabetes Pilot software, you are indicating your agreement to the following statements. If you do not agree with these terms, you may not use or install the program.
This agreement shall apply to your use of all products in the Diabetes Pilot family.
Diabetes Pilot Desktop licensed for installation on a single computer and for use by up to five people. Handheld versions of Diabetes Pilot are licensed for installation on a single handheld device. Unless otherwise specified, each version of Diabetes Pilot is sold (licensed) separately as an independent product from other versions of Diabetes Pilot. Certain versions may contain demos or trials of other versions. In any case, the purchase of one version of the program does not convey a license to use other versions.
Use of Diabetes Pilot Data. Diabetes Pilot (hereinafter "the software") is intended as a personal organization tool and not as a source of medical advice. It should never be used to replace the advice of a doctor or your own common sense and independent judgment. By downloading or using this software, you agree to take sole responsibility for your own health care decisions, regardless of any information (be it correct or incorrect) presented by the software. You agree that you will not, in any circumstances, rely on any information presented in the software as the basis for critical healthcare decisions or other decisions that may result in injury or other ill effects. You agree to contact a physician or other appropriate health care professional regarding the interpretation of your personal information.
Copyright. The software and all associated instructions, web content and other material, are the property and copyrighted materials of Digital Altitudes, LLC (hereinafter "Digital Altitudes"). The title to this material shall remain with Digital Altitudes. The Software is protected by all applicable international copyright treaties.
Usage of the Software. You may use the unregistered (trial) version of the software for the amount of time specified by the program when it is first installed. After this time, you may continue to use the software only if it is registered by purchasing a registration code or other non-trial version of the software from Digital Altitudes or an authorized distributor. A registered or non-trial version of the software may be used on one single device, though you may make as many backup copies for your own use as necessary. The Diabetes Pilot Desktop software may be used to track data for five or fewer people. The handheld versions of Diabetes Pilot may be used on a single handheld.
Trial Software. If you are using the trial (unregistered) version of the software, you understand that after the trial period is over, you may not be able to access the data you have entered into the software unless you purchase a registration code or a non-trial version of the software Digital Altitudes recommends that you maintain a separate parallel record of your data while using the trial software
Transfer. You may freely transfer the only the time-limited trial version of the program to others provided that it is not modified in any way from it's original form as distributed by Digital Altitudes and that this license agreement is included with the distribution. You may not transfer a registration code or other non-trial version of the software to others.
Other Restrictions. You may not: modify, translate, reverse engineer, decompile, or disassemble the software, create derivative works based on the software, or remove any proprietary notices or labels on the software.
Reference Information. The software and related materials may contain reference information of various types including, but not limited to, food nutrition information. This data is provided as-is and without warranty. In all cases, you are solely responsible for confirming the accuracy and applicability of this data. You agree that Digital Altitudes shall not be liable for errors in this information, regardless of whether it was developed, modified, compiled, or otherwise manipulated by Digital Altitudes or a third party.
Disclaimer of Warranty. The software and any related materials or services are provided "as-is" and, to the maximum extent permitted by applicable law, Digital Altitudes and any affiliated organizations or persons disclaims all warranties, express or implied, regarding the software and any related materials including their fitness for a particular purpose, their quality, their merchantability, or their noninfringement. Digital Altitudes does not warrant that the software is secure, compatible with any particular computer system device or third party software, or free from bugs, or other limitations. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to thirty (30) days from the date or purchase. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may have other rights as well, which vary from state to state.
Limitation of Liability. The entire liability of Digital Altitudes for any reason shall be limited to the amount paid by you to Digital Altitudes for the registration or license of the software. To the maximum extent permitted by applicable law, Digital Altitudes and its representatives shall not be liable for any direct, indirect, special, incidental, or consequential damages of any type (whether based on tort, breach of contract, breach of warranty, product liability, or otherwise), even if Digital Altitudes or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Export Restrictions. You agree and certify that the software shall not be used for any purpose prohibited by the Export Administration Act and the Export Administration Regulations. You agree and certify that you are not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.
Termination and Modification. This Agreement may be terminated by Digital Altitudes immediately and without notice if you fail to comply with any term or condition of this Agreement. Digital Altitudes reserves the right to change or add to the terms of this Agreement at any time, and to change, discontinue or impose conditions on any aspect of the software. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice, or upon posting such terms in the software, and your continued use of the software will indicate your agreement to any such change.
Governing Law. The validity and performance of this Agreement shall be governed by Illinois law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and state courts of Illinois and waive any objection to venue in such courts.
General. This agreement is the complete and exclusive statement of the agreement between Digital Altitudes and you. It supersedes any previous oral or written agreements relating to this matter. No modification, wavier, or amendment to this agreement shall be binding unless stated in writing by you and an authorized executive representative of Digital Altitudes. No wavier of a right in any instance shall constitute a wavier of the same or any other right in any other instance. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, such provisions shall be enforced to the maximum extent permitted by law and to the parties' fundamental intentions hereunder, and the remaining provisions shall not be affected.
By downloading, installing, or using Diabetes Pilot, you are indicating your agreement to the above statements. If you do not agree with the above statements, you may not download, use, or install the program.