This End-User License Agreement (the “Agreement) is a legal contract between you, as either an individual or as a business entity, and On Top Systems, LLC (“Supplier”). Please read this full agreement as it might affect your rights.

1. GRANT OF LICENSE

Supplier grants you a non-exclusive license to download and use My Exercise Timer. This includes any documentation files or other information accompanying it (collectively, the 'Program'). You agree to not modify the Program in any manner and to maintain all copyright and proprietary notices or labels in their original format. You further agree to be bound by the terms of this agreement.

2. OWNERSHIP

Supplier retains all ownership rights in and to the Program, which contains material protected by United States and foreign intellectual property laws, including copyright, trade secret, and patent law. All rights not granted to you as part of this agreement are expressly reserved by Supplier. Updates to the Program may be provided at Supplier's discretion, but Supplier is under no obligation to do so. You may distribute copies of the Program but may not charge for such distribution. The Program may not be bundled with other software, be disassembled, modified, or otherwise altered from its original design and purpose.

3. PROGRAM USE

The Program is designed to play audio files. It is not designed to be used with any specific activity or program, and Supplier does not endorse or recommend any such activity or program. You assume full responsibility for the decision to perform physical exercise in conjunction with the Program. Any injury, disability, handicap, or other physical limitation of any type resulting from the direct or indirect use of the Program is your sole responsibility. Under no circumstances will Supplier be held responsible for such injury or limitation.

4. RESTRICTIONS

The violation of any of the terms of this agreement, or using this program to violate local, state, or federal laws shall result in the immediate termination of this agreement and your permission to use the Program automatically terminates.

5. DISCLAIMER OF WARRANTIES

The Program is provided to you 'AS IS', without warranty of any kind or nature. You agree to use the Program at your own risk. You understand that the program might contain bugs, errors, and other problems that could cause system failures and/or data loss. Supplier does not warrant that the Program will operate substantially in accordance with the documentation accompanying the program. ONLY YOU ARE ULTIMATELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU AS A RESULT OF USING OR INSTALLING THE PROGRAM. In no event will Supplier be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information or data) arising out of the use of or inability to use the Program, or for any claim by any other party, even if Supplier has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.

6. TERMINATION

This License Agreement is effective until it is terminated by you or by Supplier. You may terminate this License Agreement at any time by destroying, deleting, or erasing all copies of the Program in your possession or under your control. Supplier may terminate this License Agreement at any time and for any reason.

7. GOVERNING LAW

This License Agreement shall be construed, interpreted and governed by the laws of the State of Florida without regard to conflicts of law provisions thereof. You agree that the exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Florida, USA.

8. SEVERABILITY

If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.

9. ENTIRE AGREEMENT

This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver of this License Agreement shall only be effective if it is in writing and signed by both parties hereto.

10. NOTICES

All notices, demands or requests to Supplier with respect to this Agreement shall be made in writing to On Top Systems, LLC, at the email address sysmail@ontopsystems.com.