SWAMI GENOTYPE 3® END USER LICENSE AGREEMENT (EULA)
END-USER LICENSE AGREEMENT FOR SWAMI GENOTYPE® IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM: Epigenetic Archetypes, LLC End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Epigenetic Archetypes, LLC. for the Epigenetic Archetypes, LLC software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Epigenetic Archetypes, LLC, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
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.
A. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
Installation and Use: Epigenetic Archetypes, LLC grants you the right to a single one-time, one-client use of this SOFTWARE PRODUCT on your computer, via the Internet and running on a valid browser platform.
B. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Maintenance of Copyright Notices: You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
Distribution: You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Epigenetic Archetypes, LLC's websites may be freely distributed
Prohibition 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
Rental: You may not rent, lease, or lend the SOFTWARE PRODUCT.
Support Services: Epigenetic Archetypes, LLC 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
Compliance with Applicable Laws: You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT
C. TERMINATION
Without prejudice to any other rights, Epigenetic Archetypes, LLC 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 in your possession.
D. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Epigenetic Archetypes, LLC or its suppliers. All title and intellectual property rights in and to the content which 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. All rights not expressly granted are reserved by Epigenetic Archetypes, LLC.
E. STRUCTURE/ FUNCTION CLAIMS
This SOFTWARE PRODUCT is licensed to the end-user for education purposes only. You are advised to consult with your physician before beginning this or any other dietary program
Statements made in this software have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease
Certain persons, considered experts, may disagree with one or more of the conclusions reached as a results of using this SOFTWARE PRODUCT.
F. NO WARRANTIES
Epigenetic Archetypes, LLC expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Epigenetic Archetypes, LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Epigenetic Archetypes, LLC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Epigenetic Archetypes, LLC further expressly disclaims any warranty or representation to Authorized Users or to any third party.
G. LIMITATION OF LIABILITY
In no event shall Epigenetic Archetypes, LLC be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Epigenetic Archetypes, LLC has been advised of the possibility of such damages. In no event will Epigenetic Archetypes, LLC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Epigenetic Archetypes, LLC shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
H. PRIVACY
SWAMI Genotype is a web based program which means that you are always running the centralized, most up to date version. All information is protected by several layers of security, including SSL (the same security used by Amazon and iTunes), password protection and extensive de-identification and encryption techniques unique to SWAMI. Additionally, an optional setting will turn on Auto Logoff Mode that will automatically log user off SWAMI Genotype after a few minutes of input inactivity. Employees of NAP do not have access to any information, unless you specifically request the assistance of Technical Services, in which case they may have to access your intake data page in order to diagnose your problem.
