hitPLAYyoga – Limited Use License Agreement

HITPLAYYOGA, LLC, IS ALSO KNOWN AS “HITPLAYYOGA”, “HITPLAYYOGA.COM” or “HPY”. HPY MEMBER AGREES THAT BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, “SOFTWARE”) PROVIDED TO YOU BY OR ON BEHALF OF HITPLAYYOGA, LLC. AND ITS AFFILIATED ENTITIES IN CONNECTION WITH YOUR USE OF THE HITPLAYYOGA SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU DO NOT HAVE A LICENSE TO THE SOFTWARE, AND YOU WILL NOT USE THE SOFTWARE.

hitPLAYyoga LICENSE OVERVIEW

This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the hitPLAYyoga service. This License Agreement is between you and hitPLAYyoga and not any other party.

The hitPLAYyoga.com Website and HPY Mobile APP Software contain material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by hitPLAYyoga for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to hitPLAYyoga and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of hitPLAYyoga or any other party from any copy of the Software or documentation. You may not overwrite security codes and download files of any type. The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.

hitPLAYyoga reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.

hitPLAYyoga grants you (which, for purposes of this License Agreement, shall include members of your immediate household for whom you will be responsible hereunder and users of the HitPLAYyoga ready device with which you are accessing the HitPLAYyoga service and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software, in object code form only, provided to you by or on behalf of hitPLAYyoga in connection with your use of the hitPLAYyoga service.

The Limited License grant above includes the right to use documentation accompanying the Software for the sole purpose of using the hitPLAYyoga service and the right to the Software, provided that (i) the Software is installed on only the number of hitPLAYyoga ready devices authorized by hitPLAYyoga (which number shall be two (2) hitPLAYyoga ready devices unless otherwise agreed or modified in writing by hitPLAYyoga); (ii) the Software may NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this License Agreement.

The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.

As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:

Share passwords or Log-In information to people outside your household. Publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;

copy, reverse engineer, translate, adapt or otherwise reduce the Software to readable form;

attempt to create the source code from the object code of the Software;

transmit or make the Software available over a network where it could be used by multiple computers or hitPLAYyoga ready devices at the same time;

make any third-party software contained in the Software a standalone product;

take any action that will infringe on the intellectual property or other proprietary rights of hitPLAYyoga or any third party software provider;

sub-license or assign the Software;

hitPLAYyoga may use technologies to verify your compliance.

If you “uninstall” the Software, you will no longer be able to use the Software on the hitPLAYyoga ready device.

Ownership Rights

hitPLAYyoga retains ownership rights in any Software, Audio Files, Image Files, or Blog Posts once the information is released to hitPLAYyoga. The member will have a limited license to use the Software and related information as long as this License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with HitPLAYyoga and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.

Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. Apart from your right to view/listen to the third-party content, this License Agreement does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of HPY Files and/or third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content.

There are software programs contained within the Software that have been licensed to hitPLAYyoga by third parties. The term “Software” as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of hitPLAYyoga. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software.

Upgrading the Software hitPLAYyoga may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the hitPLAYyoga service or otherwise in connection with your use of the hitPLAYyoga ready device. Alternatively, hitPLAYyoga may require you to consent to an upgrade to the Software (“Software Upgrades”) before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the hitPLAYyoga service.

Consent to Use of Data The Software may provide hitPLAYyoga with limited access to your hitPLAYyoga ready device. Among other things, the Software may provide hitPLAYyoga with information related to your use of the hitPLAYyoga service, including Yoga Casts viewed, amount of time or number of classes viewed, information regarding your computer system, such as a unique device identifier, your operating system, existing software, amount of available storage space and internet connectivity, and your interaction with the Software. This information will, among other things, enable hitPLAYyoga to manage rights associated with the content, allow hitPLAYyoga to help you use the Software more effectively, enforce hitPLAYyoga Terms of Use and otherwise help hitPLAYyoga to enhance and improve the Software and the hitPLAYyoga service. Information obtained by hitPLAYyoga will be treated in accordance with our Privacy Policy.

Export Law Assurances You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by hitPLAYyoga. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list.

This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by hitPLAYyoga at any time without notice. Further, this License Agreement will terminate if hitPLAYyoga finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by hitPLAYyoga shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of hitPLAYyoga. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.

Your ability to use the hitPLAYyoga service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.

Upon the termination of this License Agreement, you shall cease all use of the Software and hitPLAYyoga service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.

Disclaimer of Warranties and Limitations on Liability The Software is provided “AS IS.” The Disclaimers of Warranties and Limitations of Liability set forth in the Terms of Use expressly apply to this License Agreement, the Software and the use of the Software. We do not warrant that defects in the Software will be corrected.