Please read the following terms and conditions before subscribing to, downloading, or using Natalog. This Natalog License Agreement and Terms of Service (the "Agreement") governs your usage of Natalog and the terms of your Natalog subscription.
In order to use Natalog you must first accept this Agreement. By checking "I accept the foregoing terms and conditions" below, you acknowledge that you understand and accept this Agreement without limitation. Furthermore, you understand and agree that your usage of or subscription to Natalog means that you accept this agreement.
License and Ownership
License. Subject to the terms and conditions of this Agreement, Natavision hereby grants you a non-exclusive, non-transferable, royalty-free, limited license to install and use Natalog. You hereby grant to Natavision a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use any feedback, suggestions, or ideas that you provide to Natavision regarding Natalog.
Ownership. You agree that Natavision owns all rights, title, and interest, including but not limited to copyright, patent, trade secret, and all other intellectual property rights, in and to Natalog, and any changes, modifications, or corrections thereto.
General. With the exception of the demo version, a subscription is required to use Natalog. You will be given a username, password, and subscription number upon subscribing; this information is required to sign into the software. Subscriptions are non-transferable.
Payment. Subscriptions are available for purchase on Natavision's website. Subscriptions are free for the first 30 days and then $35 USD per year thereafter. Payment is required at the start of the subscription year. Your subscription will automatically renew each year, and you will be billed for the subsequent year. All billing is handled though PayPal, to which Natavision has no connection. PayPal's license agreements and policies govern your use of PayPal.
Cancellation. You may cancel your subscription at any time by following the cancellation instructions detailed by PayPal or by contacting Natavision. Canceling will stop all future payments, and your subscription will continue to the end of its term.
Status. Your subscription is active if it has not been terminated and has not reached the end of its term without subsequent payment; otherwise, your subscription is inactive. With an inactive subscription, you may still use Natalog and access your swimming data; however, you are not permitted to modify your data nor are you entitled to technical support.
Customer Obligations. You are responsible for all activities that occur on your subscription and are responsible for maintaining the confidentiality of your username, password, and subscription number. You agree to notify Natavision immediately of any known or suspected unauthorized use of your password or subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or subscription information.
No Subscription Sharing. You will not share your subscription with anyone outside your household, including but not limited to, team members and coaches.
No Distribution. You will not market, sublicense, resell, distribute, rent, release, or make available any part of Natalog.
No Illegal Usage. You will not use (or cause or permit to be used) Natalog in an illegal or proscribed manner or in any manner intended to disrupt, damage, or disparage Natalog, Natavision, or Natavision's website.
No Decompilation. You will not (and you will not permit anyone else to) reverse engineer, decompile, or otherwise attempt to extract the source code of Natalog or any part thereof, except and only to the extent that it is expressly permitted or required by law.
Natavision provides technical support of Natalog at no additional charge to users with active subscriptions. Natavision will make a best effort to deal with any software or subscription issue that you bring to Natavision's attention. If you are not satisfied with the handling of the issue, you may cancel your subscription and request a refund of your last payment.
Privacy and Security
Personal Information. Natavision may collect and store personally identifiable information about people who subscribe to Natalog or who voluntarily submit information to Natavision. Natavision may also collect and store information about users of Natalog and their usage of Natalog. Natavision may use the information to enhance its products and to periodically contact users about Natavision's products. Natavision will not share your user information to third parties without your consent. Natavision respects the privacy of all of its users; however, it cannot guarantee the security of any information the user may submit to Natavision either in e-mail correspondence or while using Natalog.
Internet. Natalog may communicate with Natavision's servers to authenticate users and to check for software updates to Natalog.
Your Natalog Content. Natavision will not share the swimming data that you supply to Natalog to third parties without your consent.
Warranty and Liability
Limited Warranty. Natavision warrants to you that, for the duration of your active subscription, Natalog under normal use shall operate substantially in accordance with the published functional specifications. You should report any defects or issues to Natavision immediately. Your exclusive remedy and Natavision's entire liability under this limited warranty will be at Natavision's option to replace Natalog or refund the cost of one subscription year. Natavision is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of Natalog with software not furnished by Natavision. If your subscription is inactive, Natalog is provided "AS IS" and there is no warranty.
Disclaimer of Warranty. Unless specified in this Agreement, all express or implied conditions, representations, and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
Limitation of Liability. To the extent not prohibited by law, in no event will Natavision be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use Natalog. In no event will Natavision's liability to you exceed the amount paid by you for your last subscription year.
Integration. This Agreement is the entire agreement between you and Natavision relating to Natalog. It supersedes any and all prior agreements, proposals, representations, and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to Natalog.
Changes to this Agreement. Natavision shall be entitled to make changes to this Agreement, including subscription costs, at any time. Natavision will notify you of significant changes to this Agreement and give you 30 days to reject the changes and cancel your subscription. Moreover, the latest version of this Agreement will always be posted on Natavision's website for your review.
Termination. This Agreement is effective until terminated. You may terminate this Agreement by canceling your subscription and ceasing to use Natalog. Natavision has the right to terminate this Agreement, terminate your subscription, or otherwise limit your access to Natalog without notice at any time if you fail to comply with any provision of this Agreement.
Governing Law. Any action related to this Agreement will be governed by Tennessee law and controlling U.S. federal law.
Copyright 2016 Natavision
Collierville, TN USA