License Agreement

THIS LICENSE AGREEMENT SETS FORTH THE TERMS AND CONDITIONS OF THE LICENSE AND THE LIMITED WARRANTY FOR THE SOFTWARE ON THE ENCLOSED MEDIA. OPENING OF THE ENCLOSED PACKET OR USE BY YOU OR ONE OF YOUR AGENT SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT OPEN THE PACKET OR USE. IF THE PACKET IS UNOPENED, YOU MAY RETURN THE COMPLETE SOFTWARE PACKAGE TO THE PLACE OF PURCHASE FOR A FULL REFUND.
DEFINITIONS: The following definitions are applicable to this agreement: "SOFTWARE" refers to the program, the database of foods and nutrient data, any printed materials, and all other material on the enclosed media; "USE" consists of either loading the software into computer memory, copying to storage device or running it in a CPU; "INSTALL" means to copy the software to a hard disk drive or similar storage device.
1. LICENSE GRANT: The customer does not receive title to the SOFTWARE. The customer is granted a nonexclusive license to USE the SOFTWARE subject to the restrictions and terms set forth in this License Agreement. The customer may INSTALL the SOFTWARE, and may USE the SOFTWARE on a single computer at a time. The customer may make a single archive copy of the SOFTWARE provided that it includes all notices and markings in or on the original. This archive copy may not be in USE at any time and must remain in the possession and control of the customer. The copyright and all other rights to the SOFTWARE shall remain with ESHA Research, Inc.
If USE of the SOFTWARE is desired for multiple stations or a network, additional licenses are required.
2. RESTRICTIONS: An installed copy of the SOFTWARE may not be USED on multiple computers through file serving, networking, Internet, or communication packages without obtaining the appropriate additional licenses. The SOFTWARE may not be rented, loaned, or leased. The customer may not remove or alter any proprietary notices, labels, or marks on the SOFTWARE or accompanying documentation. The customer may not modify, translate, reverse engineer, disassemble, or decompile the SOFTWARE or accompanying documentation.
The customer may not translate or create derivative works based on the SOFTWARE, or merge it with another program. The customer may not copy any database of foods and nutrient data in the SOFTWARE, in whole or in part, or use the SOFTWARE output (printed analyses, calculations, exported data, etc.) for the purpose of creating a nutrient database for use by any other product, internet web site, publication, or software package. The customer may not use SOFTWARE output (printed analyses, calculations, exported data etc.) in a publication or promotion without acknowledgment of ESHA Research, Inc. and the name of the SOFTWARE used.
3. TERMINATION AND TRANSFER: Any failure to comply with the terms and conditions of this Agreement will result in immediate termination of this license. Upon termination of this license for any reason, the customer must destroy all copies of the SOFTWARE and accompanying documentation. The customer may not transfer the SOFTWARE without the prior written approval of ESHA Research, Inc.
4. COMMUNICATION OF LICENSE AGREEMENT: The customer agrees to communicate the terms and restrictions contained in this License Agreement to all persons under his or her employment, direction, or control.
5. UNAUTHORIZED USE AND COMPLIANCE: The customer will use all reasonable efforts to see that employees, agents, assigns, or other persons under the direction or control of the customer abide by the terms and conditions of this License Agreement. The customer agrees to notify ESHA Research, Inc. in writing of any unauthorized use.
6. GENERAL PROVISIONS AND 90-DAY LIMITED WARRANTY: ESHA Research, Inc. warrants that for ninety (90) days after purchase of the SOFTWARE package by the customer, the SOFTWARE shall reasonably conform to the standards defined in the accompanying documentation (manuals and computer-aided instructions). ESHA Research, Inc. specifically does not warrant that the SOFTWARE will operate uninterrupted or error-free. The sole and exclusive remedy for a failure of the SOFTWARE to perform in accordance with the accompanying documentation is for the customer to return the SOFTWARE to ESHA Research, Inc. and to notify ESHA Research, Inc. in writing of the nonperformance within ninety (90) days of purchase. ESHA Research, Inc.'s sole obligation shall be to either provide the customer with a performing copy of the SOFTWARE within a reasonable time after receiving notification of nonperformance or refund a fair portion of the purchase price The chosen remedy will be at ESHA Research, Inc. sole discretion.
7. DISCLAIMER OF OTHER WARRANTIES: THE LIMITED WARRANTY SET FORTH IN PARAGRAPH SIX IS IN LIEU OF ANY OTHER WARRANTIES. THE IMPLIED WARRANTY OF MERCHANTABILITY IS LIMITED. ESHA RESEARCH, INC. DISCLAIMS ANY IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. ESHA RESEARCH, INC. DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES PROVIDED BY DISTRIBUTORS AND RETAILERS OF THE SOFTWARE.
8. OTHER WARRANTY RIGHTS: Some states do not allow limitations on implied warranties, so the above limitation may not apply to particular customers.
9. SOFTWARE UPDATES: At ESHA Research, Inc.'s sole discretion, ESHA Research, Inc. may provide the customer with updates to the SOFTWARE. ESHA Research, Inc. retains the right to provide the updates for a fee. The customer may refuse to accept the updates. The terms and conditions of this agreement apply to any and all updates.
10. CUSTOMER RESPONSIBILITY FOR SELECTION OF THE SOFTWARE: The customer is solely responsible for selection of the SOFTWARE to achieve the customer's intended results or for particular applications.
11. LIMITATION OF LIABILITY: IN NO EVENT SHALL ESHA RESEARCH, INC. BE LIABLE TO A CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR ACCOMPANYING DOCUMENTATION HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.
ESHA RESEARCH, INC.'S LIABILITY SHALL IN NO EVENT EXCEED THE PRICE ACTUALLY PAID BY THE CUSTOMER FOR THE USE OF THE SOFTWARE. THESE LIMITATIONS WILL APPLY EVEN IF ESHA RESEARCH, INC. OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF SUCH DAMAGES. THE CUSTOMER ACKNOWLEDGES THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion included in this License Agreement may not apply to particular customers.
12. SEVERABILITY: If any provision of this License and Limited Warranty Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions.
13. GOVERNING LAW AND JURISDICTION: This Agreement will be governed by the laws of the State of Oregon. The District Court for the City of Salem and Marion County, State of Oregon, and the United States District Court for the District of Oregon shall have sole and exclusive jurisdiction and venue over any dispute arising out of this Agreement and customer's use of the SOFTWARE. Customer hereby consents to such jurisdiction and venue.
14. U.S. GOVERNMENT RESTRICTED RIGHTS: This SOFTWARE and accompanying documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. The contractor/manufacturer is ESHA Research, Inc., 4263 Commercial St. S.E., Suite 200, Salem, OR 97302-3938.
15. This license agreement may be changed, altered or updated by ESHA Research, Inc. The licensee is responsible for reading each license agreement and is bound by any changes. The most recent license agreement shall prevail if a dispute or conflict exists in the language.

Technical Support
ESHA Research, Inc. offers free telephone technical support to registered users for up to forty-five (45) days after purchase.  Technical calls after that period are at no charge if:  the problem is due to software failure, the function is not covered in the manual, or you own a Priority Support Agreement with ESHA Research, Inc.  Requests for Nutrient Data Research and Operational or Training Sessions are a separate service and may be subject to separate charges.  Brief questions are on an as-available basis otherwise. Use one of the following means to contact Technical Support:

Voice:  (503) 585-6242 (Monday-Friday 8am-4pm PST)
FAX:  (503) 585-5543
Email:  support@esha.com
Tech website: support.esha.com

Multiple Stations/Copies
Discounts are available if you are purchasing many (non-network) copies of the full program or if you wish to obtain a License to operate the program on a network.  Contact ESHA Research, Inc. for more information.
Educational Institutions Only (Special Discounts and Arrangements)
As a commitment to education at all levels, at ESHA Research, Inc.'s option, educational institutions with a network facility or computer lab with multiple computer stations, may apply to license the program on up to five (5) of those stations at no additional charge, other than the price of the original program.  All stations over five may be licensed at an additional per station charge.  Contact ESHA Research, Inc. for your License and pricing.