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Additional Subscription Terms
for Handheld Products
The following additional terms and conditions ("Additional Terms") constitute part of our Subscription Agreement and apply specifically to our products or offerings for personal digital assistants or other handheld or mobile devices (collectively, "Handhelds," and such products and offerings, collectively, our "Handheld Products"). These Additional Terms supplement the terms and conditions set forth in the Subscription Agreement, and all such terms and conditions, as well as the definitions set forth in the Subscription Agreement, shall continue to apply unless expressly stated below. The provisions of the Subscription Agreement applicable to Fee-Based Products shall apply to our Handheld Products, regardless of whether or not you pay an additional fee for your subscription to the Handheld Products. We may, in our sole discretion, change, modify, add or remove provisions of these Additional Terms at any time, either separately from or together with changes to the Subscription Agreement.1. Product License
A. The Weight Watchers On-The-Go™ Handheld software and desktop software (together, the "Software") are provided to you under license. Your use of the Software, and any dietary or other information or data downloaded by or in connection with the Software (the "Data"), is subject to and limited by the license terms set forth below. As used below, "sync" means to synchronize your Handheld with our Website, through a connection to a computer system with Internet access or through wireless Internet access or some other means as we may provide.
B. We grant you a non-exclusive license to use the Software and Data subject to the terms and conditions set forth in these Additional Terms. You may: (a) install the Handheld Software on one Handheld at a time and the desktop Software on no more than two computer systems that you use to sync such Handheld; (b) use the Software and Data for personal, non-commercial purposes only; (c) view the Data solely in connection with the Handheld Software on the screen of such Handheld; and (d) make one copy of the Software and Data for back-up, archival purposes, provided such copy contains all of the original proprietary notices provided with or otherwise relating to such Software and Data. From time to time, we may update the Software and Data on your Handheld during your sync process, but we are not obligated to do so. |
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| C. You may not use, or permit others to use, the Software or Data except under the terms expressly listed above. Without limiting the previous sentence, you shall not, and shall not permit anyone else to: (a) use the Software or Data for service bureau, time-sharing or other similar purposes; (b) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Data; (c) copy the Software or Data (except as permitted above); (d) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Software or Data; (e) develop, sell or distribute applications that integrate with the Software or otherwise make use of the Data; or (f) remove any proprietary notices or labels on or relating to the Software or Data.
D. You acknowledge that you must be a current subscriber to certain of our Fee-Based Products (such as Weight Watchers Online or Weight Watchers eTools) in order to subscribe to the Handheld Products. In addition, you must satisfy such computer and device requirements as we may specify to install and operate the Handheld Products. We reserve the right to change those requirements, and the method by which you may obtain the Software and Data, from time to time.
E. All right, title and interest in and to the Software and Data (including without limitation all intellectual property rights) shall remain in us and/or our suppliers and licensors. Without limiting the foregoing, the Software and Data are protected by the copyright law of the United States and international copyright treaties, as well as other proprietary rights.2. Termination
You acknowledge that we have the right to restrict access to, terminate and/or otherwise modify the Handheld Products for any reason, including but not limited to a breach of any provision of the Subscription Agreement or these Additional Terms. Your license to use the Software and Data shall terminate automatically upon termination of the Subscription Agreement, these Additional Terms or your subscription to our Handheld Products. On termination, you must destroy all copies of the Software and Data.3. Additional Cancellation Terms
You can cancel your subscription to our Handheld Products by contacting Customer Service at cancellations@weightwatchers.com or by such other means as we may provide from time to time. You may cancel your subscription to a Handheld Product without canceling your subscription to our other Fee-Based Products. However, if you cancel your subscription to certain of our Fee-Based Products (such as Weight Watchers Online or Weight Watchers eTools), we may cancel your subscription to any Handheld Products as well.
When using a Handheld Product, we may require you to perform a sync operation on a regular basis (e.g., monthly). If you do not perform such a sync within the required period, you may be locked out and prevented from accessing the Software or Data until such time as a successful sync is performed. In addition, you understand that the Software stores user-entered data for a limited duration, and you may lose certain data you have entered into the Software unless you sync at regular intervals and otherwise, as provided in our suggested operating procedures.
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| 4. Additional Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE SOFTWARE AND DATA ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER WEIGHTWATCHERS.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SOFTWARE OR DATA WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
USE OF THE SOFTWARE AND DATA IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR HANDHELD OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
NEITHER WEIGHTWATCHERS.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR DATA IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.5. Additional Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SOFTWARE OR DATA; OR (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM USE OF THE SOFTWARE OR DATA, OR ANY DEFECT THEREIN. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH THE HANDHELD PRODUCTS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE HANDHELD PRODUCTS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE OR DATA, OR WITH ANY PROVISION OF THESE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE HANDHELD PRODUCTS.6. Export and Other Laws
You may not use the Software or Data in contravention of any federal, state or other applicable laws. Without limiting the foregoing, the Software and Data may be subject to United States export control laws, and you agree to comply strictly with all such laws which are now or hereafter in effect.
(Last modified as of March 24, 2004)
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