Bertec Corporation Instrumented Treadmill Manual iii
Software License Agreement and Limited Warranty
This License Agreement is between you (“Customer”) and Bertec Corporation, the author of the Bertec Workbook software and governs your use of the program, example results, and documentation (all
of which are referred to herein as the “Software”).
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY), THE END USER, AND BERTEC CORPORATION. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PLEASE CONTACT BERTEC CORPORATION.
1. Limited Warranty
Except with respect to any Bertec Corporation products sold by or manufactured by any entity other than Bertec, its authorized distributors, or suppliers, which are provided “as is”, without warranty of
any kind, Bertec warrants that (a) the Bertec hardware product is free of all defects in workmanship and material for a period of one (1) year from receipt by the end user or date of installation if such
installation is performed by a representative of Bertec; (b) the media that Bertec software is delivered upon are free from defects in workmanship and material and will perform substantially in accordance
with the accompanying written materials for a period of one (1) year; and (c) Bertec support engineers will make commercially reasonable efforts to solve any problem issues as they arise. Some states
and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on both the Bertec
hardware product and the Bertec software product are limited to one (1) year.
2. Grant of License
Bertec grants to you a non-exclusive, non-transferable license, without right to sublicense, distribute or modify, for you and your employees to use the enclosed software and related documentation
(collectively the “Product” or the “Software”) as delivered by Bertec only at one location for the testing and evaluation. If the terms of this license agreement are violated, Bertec immediately terminates
said license and the customer is subject to the liability of any harm done to Bertec Corporation.
3. Title
The product is copyrighted by Bertec. Bertec retains all rights, title, and ownership of the Product and all subsequent full or partial copies and derivatives of the Product, made by you or Bertec, including
translations, compilations, partial copies, modications, updates and know-how in connection there with, regardless of the form or media in or on which the same may exist. This license is not a sale of
the Product or any copy or derivative. You shall have no right to reproduce any full or partial copies of the Product. You agree not to take any steps, such as reverse assembly or reverse compilation, to
derive a source code equivalent of any software contained in the product. You also agree to destroy licensed data in all forms upon termination of said license or receipt of released program code.
4. Condentiality
You agree that the product, and other information, technical data, or know-how (including documentation) related to the Product (including the existence of the product and the results of use or testing),
shall be considered Condential Information of Bertec. You agree to protect the condentiality of all Condential Information of Bertec, and not to disclose the Condential Information to any other party
without the written permission of Bertec. Unauthorized use or disclosure of the Product may cause irreparable harm to Bertec. You agree promptly to report any unauthorized use or disclosure to Bertec.
5. Warranty of Functionality
Bertec hereby represents and warrants that Bertec is the owner of the Product or otherwise has the right to grant to you and your employees the rights set forth in this Agreement. THE PRODUCT IS
PROVIDED “AS IS”. THERE ARE NO WARRANTIES UNDER THIS AGREEMENT, AND BERTEC DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
PURPOSE. In the event of any breach or alleged breach of this warranty, you shall promptly notify Bertec and return the Product to Bertec at your expense. Your sole remedy shall be that Bertec shall
correct the Product so that it operates according to the warranty. This warranty shall not apply to the Product if modied by anyone, or if used improperly, or with, on, in an operating environment not
approved by Bertec. To the maximum extent permitted by applicable law, Bertec and its distributors disclaim all other warranties and conditions, either express or implied, including, but not limited to,
implied warranties of merchantability, tness for particular purpose, title and non-infringement, with regard to the Bertec Product or the provision or failure to provide support services. This limited warranty
gives you specic legal rights. You may have other legal rights not mentioned in this warranty. These rights may vary in each state or jurisdiction.
6. Limitation of Liability
IN NO EVENT SHALL BERTEC BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES PURSUANT TO THIS AGREEMENT. Bertec shall
not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Bertec was advised of the
possibility of such losses in advance. In no event shall Bertec’s liability hereunder exceed the amount of license fees paid by you, regardless of whether your claim is based on contract, tort, strict liability,
product liability or otherwise. To the maximum extent permitted by applicable law, in no event shall Bertec (including any of Bertec’s subsidiaries or parent companies, suppliers, distributors, retailers, or
manufacturers) be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for lost business prot, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use of or inability to use the Bertec product or the provision or failure to provide support services, even if Bertec or its afliates have been
advised of the possibility of such damages. The total liability of Bertec and/or its afliates for any loss, damage or claim, whether in contract, tort (including active or passive negligence or strict liability)
or otherwise, arising out of, connected with, or resulting from the performance or breach of any purchase order or contract of sale accepted or executed by Bertec and/or its afliates, or from the design,
manufacture, sale, delivery, resale, inspection, assembly, testing, repair, replacement, operation, maintenance or use of any Bertec product or accessory or from the performance of any service shall not,
in any event, exceed the price allocable to the product or service which gives rise to the claim, loss or damage. Provided further, that the end user assumes all risk associated with the use or misuse of
the Bertec product, accessory or service in contravention of any directions or warnings provided in Bertec instructional literature or given verbally by an authorized Bertec representative, or that should
be reasonable by commercially acceptable standards. The parties (Bertec, Bertec’s afliates, and the customer or end user) expressly agree that the limitations on incidental, consequential, special or
indirect damages set forth herein are agreed allocations of risk constituting in part the consideration for the sale of any Bertec Product, accessory, or service, and that such limitations shall survive the
determination of any court of competent jurisdiction that any remedy provided herein or available at law fails of its essential purpose. Because some states and jurisdictions do not allow the exclusion or
limitation of liability, the above limitation may not apply to you.
7. Product Maintenance
During the Warranty Period, Bertec shall provide to you any new, corrected or enhanced version of the Product as created by Bertec. Such enhancement shall include all modications to the Product
which increase the speed, efciency or ease of use of the Product, or add additional capabilities or functionality to the Product, but shall not include any substantially new or rewritten version of the
Product. These updates will require Internet Access to our website to automatically validate your License Key and provide update support. After expiration of the Warranty Period, you may continue to
receive maintenance support. The charge for such optional maintenance support shall be Bertec’s regular list price for maintenance and support for the Product as published from time to time by Bertec.
You will need to notify Bertec in writing if you desire to receive optional maintenance. If you fail to take optional maintenance and later elect to receive it, Bertec reserves the right to charge you their
standard maintenance fees for the period of the lapse in maintenance. Bertec may elect to discontinue maintenance at any time upon notice to you, and refund of any then unearned maintenance fees.
8. Proprietary Rights Exclusion
Bertec makes no representation or warranty that the Product, or products developed using the Product, do not infringe any proprietary rights of any third parties. You shall assume sole responsibility for
any such infringement.
9. Indemnication
You hereby agree to indemnify, defend and hold Bertec harmless from and against any and all claims, actions, suits, liabilities, judgments, losses, damages, attorneys’ fees and other expenses of every
nature and character by reason of this Agreement or use by you of products utilizing the Product.
10. Export Restrictions
You shall not export, directly or indirectly, any Product or products developed using the Product to any country for which the laws of the United States or the regulations of any U.S. agency requires an
export license or other governmental approval, without rst obtaining such license or approval. You shall strictly comply with all such restrictions. You agree to indemnify and hold Bertec harmless against
all losses, damages, penalties, or causes of action resulting from a violation of this Section.
11. Anti-Piracy and License Activation
You must not engage in the distribution of pirated software or hardware. Use of the Product may be limited to the rst 14 days after the end user rst uses the software, unless the end user activates the
Product, as described in and by the Product. Certain Bertec products may use technological measures for copy protection. In that event, you will not be able to use the Product if you do not fully comply
with the Product Activation Procedures. Product Activation will take place during initial launch of the product, installation on a different system, or replacement of the installed operating system or certain
hardware changes.
12. Governing Law
The validity, performance, construction and interpretation of this Agreement shall be governed by laws of the state of Ohio, United States of America, excluding its conicts of laws rules, as applied to
agreements entered into in Ohio between Ohio residents.
13. High Risk Activities
The software and/or hardware supplied by Bertec Corporation is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control or equipment in hazardous
environments requiring fail-safe performance in which the failure of software and/or hardware could lead directly to death, personal injury, or severe physical or environmental damage (“high risk activity”).
Bertec Corporation and its suppliers specically disclaim any express or implied warranties of tness for high risk activities.
14. Customer’s Remedies
Bertec’s and its distributors’ entire liability and the customer’s exclusive remedy shall be, at Bertec’s option, to either repair or replace all Bertec hardware and/or software products that do not meet
Bertec’s Limited Warranty and are returned to Bertec. Cost of delivery of the Bertec product, to and from Bertec, will be the responsibility of Bertec for the rst year of the warranty period. Thereafter,
all costs associated with transport of the Bertec product shall be the responsibility of the customer. This Limited Warranty is void if failure of the Bertec hardware and/or software products has resulted
from improper installation by the customer (in contravention of proper installation instructions as detailed in the user’s manual included with the Bertec product), unauthorized modications, misuse or
abuse of the Bertec product by the customer, and/or failure by the customer to properly maintain the Bertec product. Any replacement Bertec product will be warranted for the remainder of the original
warranty period.
Should you have any questions concerning this Agreement, please write to:
Bertec Corporation
2500 Citygate Drive
Columbus OH, 43219
Software License
