National Academy of Sports Medicine

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and the National Academy of Sports Medicine ("NASM"). The SOFTWARE includes the contents of this compact disk, and includes associated media, printed materials, "online," or electronic
documentation and Internet based services.

By installing, copying, downloading, accessing or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use or copy the SOFTWARE, and you should promptly contact the NASM for instructions on return of the unused product(s) in accordance with NASM's return policies.

SOFTWARE PRODUCT LICENSE

1. GRANT OF LICENSE. THE NASM grants you the following rights, provided you comply with all of the terms and conditions of this EULA:

* Installation and Use. Except as otherwise expressly provided in this EULA, you may install, use, access, display and run only one (1) copy of the SOFTWARE on the COMPUTER.

* Back-up Copy.
You may create one (1) copy of this CD for backup purposes. You may use the back-up copy solely for your archival purposes and to reinstall the SOFTWARE on the COMPUTER. Except as expressly provided in this EULA or by local law, you may not otherwise make copies of the SOFTWARE, including the printed materials accompanying the SOFTWARE. You may not loan, rent, lease, lend or otherwise transfer the CD or back-up copy to another user.

* Reservation of Rights. The NASM and its suppliers reserve all rights not expressly granted to you in this EULA.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

* Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated.

* Termination. Without prejudice to any other rights, the NASM may cancel this EULA if you do not abide by the terms and conditions contained herein.  In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

* Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of the NASM.


3. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), any accompanying printed materials, and any copies of the SOFTWARE, are owned by the NASM. The SOFTWARE is licensed, not sold. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE.

4. PRODUCT SUPPORT. SOFTWARE support for the SOFTWARE is provided by the NASM

5. ADDITIONAL PROVISIONS. FOR THE LIMITED WARRANTIES, LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISIONS, PLEASE REFER TO THE ADDITIONAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE WITH THE SOFTWARE. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.


LIMITED WARRANTY


LIMITED WARRANTY. The NASM warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.

CUSTOMER REMEDIES. The NASM's and its suppliers' entire liability and your exclusive remedy shall be, at the NASM's option, either (a) return of the price paid, or (b) replacement of the SOFTWARE that does not meet this Limited Warranty and which is returned to the NASM. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, the NASM and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall the NASM or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the NASM has been advised of the possibility of such damages. In any case, NASM's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.