This page contains the terms and conditions ("Terms and Conditions") for the i-COOK Pro Portal and Desktop Client (collectively, "i-COOK Pro") – including our Enterprise Edition, i-COOK Pro. By downloading i-COOK Pro, you agree to the terms of this agreement either for yourself or on behalf of your employer or another entity therefore bound by its terms and conditions. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions. If you don't have the legal authority to bind, please do not put a check in the box next to “I agree to the Terms and Conditions”.

Personal or Internal Business
Use Only i-COOK Pro is made available to you for your personal or internal business use in compliance with all applicable laws, rules and regulations. If you want to make commercial use of i-COOK Pro, including but not limited to selling or distributing i-COOK Pro for payment, you must enter into an agreement with Lifeware TEK to obtain written permission in advance or by joining the i-COOK Pro affiliate program. If you are asked to register you must provide complete and accurate identification, contact, and other information required as part of the registration process. Lifeware TEK reserves the right to refuse or discontinue participation to any applicant at any time in its sole discretion.

Prohibited Actions
You may not distribute i-COOK Pro or any services or software associated with or derived from it, modify, copy, license, or create derivative works from i-COOK Pro, unless you obtain Lifeware TEK’s written permission in advance. If you wish to do any of the above, please contact us by sending an email to client support, this address can be found at http://www.i-COOK Propro.com/iCook_Support.aspx

Automatic Updates
i-COOK Pro may communicate with Lifeware TEK’s servers to check for available updates to the software, such as new recipes, bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, i-COOK Pro sends Lifeware TEK a request for the latest version information. By installing i-COOK Pro, you hereby agree to automatically request and receive Updates from Lifeware TEK’s servers.

Information Practices
Protecting users’ privacy is very important to Lifeware TEK. As a condition of downloading and using i-COOK Pro, you agree to the terms of the i-COOK Pro Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. Information collected by Lifeware TEK may be stored and processed in the United States or any other country in which Lifeware TEK or its agents maintain facilities. By using i-COOK Pro you consent to any such transfer of information outside of your country.

Intellectual Property
You acknowledge that Lifeware TEK or third parties own all right, title and interest in and to i-COOK Pro, portions thereof, or software or content provided through or in conjunction with i-COOK Pro, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from i-COOK Pro, or to extract significant portions of i-COOK Pro’s files or recipes for use in other applications. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter Lifeware TEK’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through i-COOK Pro.

Feedback
If you have comments on i-COOK Pro or ideas on how to improve it, please visit http://www.i-COOK Propro.com/iCook_Support.aspx Please note that by doing so, you also grant Lifeware TEK and third parties permission to use and incorporate your ideas or comments into i-COOK Pro (or third party software or content) without further compensation or approval.

Changes to Terms and Conditions
Lifeware TEK reserves the right to modify these Terms and Conditions from time to time at its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at http://www.i-COOK Propro.com/iCook_Terms.aspx (or such successor URL as Lifeware TEK may provide), so that you will be apprised of any changes.

Disclaimer of Warranties
Lifeware TEK and any third party who makes its software or content available in conjunction with or through i-COOK Pro disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of i-COOK Pro and/or any third party software or content accessed in conjunction with or through i-COOK Pro, i-COOK Pro and any third party software and content made available in conjunction with or through i-COOK Pro are provided "as is," with no warranties whatsoever. Lifeware TEK and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Lifeware TEK and any third party who makes its software or content available in conjunction with or through i-COOK Pro OP disclaim any warranties regarding the security, reliability, timeliness, and performance of i-COOK Pro and such third party software or content. You understand and agree that you download and/or use i-COOK Pro and all third party software or content made available in conjunction with or through i-COOK Pro at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of i-COOK Pro and such third party software and content. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability
Under no circumstances shall Lifeware TEK or any third party who makes its software or content available in conjunction with or through i-COOK Pro be liable to any user on account of that user's use or misuse of i-COOK Pro or such third party software or content. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Lifeware TEK and/or a third party software or content provider have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on i-COOK Pro and all third party software or content made available in conjunction with or through i-COOK Pro, from inability to use i-COOK Pro and all third party software or content made available in conjunction with or through i-COOK Pro, or from the interruption, suspension, or termination of i-COOK Pro and all third party software and content made available in conjunction with or through i-COOK Pro (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the conflict of laws provisions of Florida or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Lifeware TEK.