END-USER LICENSE AGREEMENT FOR INTERANALYST MARKETCYCLE 360 SOFTWARE- IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: InterAnalyst, LLC (“Licensor”) End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Licensor for the software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Licensor and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. THIRTY-DAY RETURN POLICY: you may request a return of the licensed software and receive a full refund, less a $150 refund fee, by requesting the same by contacting our support department in writing within thirty days of purchase of the license. If you should elect to return the software within thirty days of purchase of the license you must remove all copies of the software and related documentation. You must request, via writing, for the deactivation of the registered Software Product to be confirmed by our support department. Data feed and monthly data feed fee are terminated the first day of the month following cancellation. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The Software Product is licensed for PERSONAL EDUCATIONAL USE ONLY. You agree to bear sole responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. Users MAY NOT use the Software Product for the purpose of providing investment or financial advice to any third person, whether or not such unlicensed usage is for commercial or non-commercial purposes. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows: a. Installation and Use. LICENSOR grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the SOFTWARE PRODUCT on platforms our product(s) were designed to be operated on. You are licensed, pursuant to your payment of our license fee, to one instances of use (one seat.) The packet of Software you purchased also contains a hardcopy of this Agreement for your reference. In the case of any discrepancy between the hardcopy and the Agreement you are now viewing, the terms of this Agreement shall prevail. b. Backup Copies.You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a. Maintenance of Copyright Notices.You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. b. Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties or make or distribute any unlicensed copies to any third parties. c. Prohibition on Reverse Engineering, Decompilation, and Disassembly.You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. d. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. e. Support Services.LICENSOR may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. f. 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The SOFTWARE PRODUCT is provided “As Is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. LICENSOR does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. LICENSOR makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. LICENSOR further expressly disclaims any warranty or representation to Authorized Users or to any third party. DISCLAIMER The Software Product “MarketCycle360”, nor any related component or material provided with the Software Product, does not provide financial advice. All information and data provided by the Software Product is provided strictly on a general education basis only. All information and data provided by the Software Product is for informational purposes only. Do not solely rely upon any information or data provided by the Software Product for the purpose of making investment decisions. All your personal investment decisions must be made in consultation with a licensed investment counselor. The publisher of the Software Product does not purport that the Software Product suggests, with finality, which investment securities users should buy or sell. Users must conduct their independent due diligence research in order to determine what investment decisions to make, including relying upon the advice of a licensed professional investment advisor. The publisher of the Software Product does not receive any compensation of any nature from companies mentioned by the Software Product. The Publisher’s owners, executives or employees may hold positions in the securities mentioned by the Software Product. The Software Product is an analytical tool that may not be solely relied upon for the purpose of making investment decisions. All investments of any and all nature carries risk of financial loss, a fact that makes relying upon any single investment analysis tool, such as the Software Product, unwise and extremely risky. JURISDICTION/ARBITRATION This EULA, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Nebraska, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Denver, Colorado before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section. GENERAL TERMS Severability If any provision of this Agreement is held to be invalid or unenforceable to any extent, then such provisions will be such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision; and such invalidity or unenforceability will not affect any other provision of this Agreement or any other agreement between the parties. If the invalidity or unenforceability is due to the unreasonableness of the scope or duration of the provision, the provision will remain effective for such scope and duration as may be determined to be reasonable. No Assignment You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of InterAnalyst, LLC. Any such purported assignment or delegation by you without the appropriate prior written consent of InterAnalyst, LLC will be null and void and of no force or effect, unless otherwise expressly consented to by InterAnalyst, LLC at its sole and absolute discretion. InterAnalyst, LLC may assign this Agreement or any rights hereunder without your consent or prior knowledge. Headings All the headings or captions used in this Agreement are for convenience only. |
