FitSync SERVICE AND SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This Service and Software License Agreement ("Agreement") is a legal agreement between you (if you are not installing the software in the course of such employment or engagement), or the company, partnership or other entity that you are employed or engaged by (if you are installing the software in the course of your employment or engagement) ( "you") and FitSync Corporation and its successor entity or entities ("FitSync") for the World Wide Web site services and the functions, facilities, and services related thereto, offered by FitSync ("Service") and the object code version of the software identified above, which includes, any updates, upgrades, revisions or new releases of the software - and any associated media, sample code, materials or documentation, in physical or electronic form ("Software").
The Service and Software are available only to individuals and legal entities that can form legally binding contracts under applicable law. If you do not satisfy the foregoing, you may not use the Service and Software. By using any of the Service and Software, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract (if you are an individual), or that you have been duly authorized by your company, partnership, or other legal entity, to enter into agreements on behalf of that entity (if you represent a legal entity).
For the purposes of this Agreement, any individual who has installed the Software or who uses the Service shall be called an "End User" or "User(s)". Before using the Service or installing, copying or using the Software, please carefully review the terms and conditions set out below. By checking the box "Yes", using the Service, copying or using the Software in any manner, you acknowledge that you have read the terms and conditions of this Agreement, that you understand and agree to be bound by the terms and conditions of this Agreement, as it may be amended from time to time, and that where you are installing the software in the course of your employment or engagement you have all necessary right and authority to bind the company, partnership or other entity that you are employed or engaged by. If you do not agree to be bound by the terms and conditions of this Agreement or do not have such right and authority, you may not use the Service or install, copy or otherwise use the Software. Should you have any questions concerning this Agreement, please contact FitSync at firstname.lastname@example.org. The Software is licensed and not sold.