End user agreement for Investment Studio
LIMITED USER LICENSE AGREEMENT
This Limited User License Agreement (throughout this section, the "Agreement") is a legal agreement between you, the user, and Tommy Anderberg. By installing Investment Studio, by loading or running any part of it, or by placing or copying any part of it onto a storage device (such as, but not limited to, a computer's hard drive), you are agreeing to be bound by the terms of this Agreement. If you do not agree with the terms and conditions of this Agreement, cease all use immediately and promptly destroy all Investment Studio components and certificates in your possession.
For the purposes of this Agreement, "use" means loading the software into RAM, as well as installation on a hard drive or other storage device.
As the copyright and trademark holder for Investment Studio, Tommy Anderberg authorizes individuals or organizations a non-exclusive, non-transferable license to use Investment Studio, ONLY when the following conditions are met:
You shall not modify, translate, disassemble, decompile, "unlock" or reverse engineer any aspect of the compiled executables, libraries and documentation contained in Investment Studio for any reason, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Removal, emulation, or reverse engineering of all or any part of Investment Studio constitutes an unauthorized modification and is specifically prohibited.
You acknowledge and agree that Investment Studio is licensed as a single product. Its component parts may not be separated. You shall not construct, compile, or assemble derivative works which incorporate all or part of Investment Studio, other than for your own exclusive and private use, without prior written permission from Tommy Anderberg.
Running copies of Investment Studio may not be exploited commercially, e.g. by renting, leasing or selling access to a computer running all or part of Investment Studio.
You acknowledge and agree that Investment Studio uses time-limited, renewable subscription certificates, and that only the legitimate holder of a current, valid Investment Studio certificate may use full the versions of Investment Studio and access additional services and content reserved for registered users. For the purposes of this Agreement, a "legitimate holder" of a Investment Studio certificate is a user in possession of a Investment Studio certificate issued directly to the user either by Tommy Anderberg or by an authorized agent designated by Tommy Anderberg.
You acknowledge and agree that Investment Studio certificates are personal and non-transferable. You shall not assign, give, lease, sell, or otherwise make certificates in your possession available to third parties, e.g. by uploading them to BBS systems or to Internet sites.
You acknowledge and agree that one Investment Studio certificate is good for one user on one computer, and that installation and concurrent use of the Investment Studio Registered Package on a second computer requires a second certificate.
You acknowledge that Investment Studio contains proprietary information which constitutes valuable trade secrets. You agree to keep confidential and use your best efforts to prevent the unauthorized disclosure, duplication and use of such content, including but not limited to any Investment Studio certificates in your possession, all code and data in the full versions of Investment Studio and any additional services and content which may be provided to Investment Studio certificate holders.
You acknowledge and agree that only the legitimate holder of a current, valid Investment Studio certificate may transmit, publicly display, distribute or otherwise exploit any output produced by Investment Studio.
You acknowledge and agree that neither Investment Studio nor Tommy Anderberg and affiliates, employees, contractors and agents recommend or endorse any specific investment or investment strategy; guarantee the performance of any investment; offer solicitations to buy or sell any kind of investment product; or make, give or otherwise endorse any type of trading advice, investment advice or other financial recommendation.
You acknowledge and agree that no technique or system presented or used by Investment Studio (including but not limited to executable code, documentation and any additional services and content which may be provided to Investment Studio users) is guaranteed to produce profits in actual trading; that past performance from either simulated or actual trading is no guarantee of future results; and that trading or investing of any kind is an inherently risky activity undertaken solely at the investor's own risk and responsibility.
You accept sole and full responsibility for the adequate protection and backup of data and/or equipment which you use with Investment Studio.
You acknowledge and agree that there is no warranty or guarantee, expressed or implied, regarding the completeness, correctness and timeliness of financial information contained in, retrieved with or accessed using Investment Studio.
You acknowledge and agree that Investment Studio is furnished "AS IS", without any warranty or guarantee, expressed or implied, as to the performance or results which may be obtained through its use, and that the entire risk as to the results and performance of Investment Studio is assumed by the user. You accept sole and full responsibility for any damage or loss arising from your use or inability to use Investment Studio.
You acknowledge and agree that while Investment Studio has been extensively tested and is believed to be safe, there is no warranty or guarantee, expressed or implied, of merchantability and/or fitness for ANY particular purpose or of uninterrupted, error free operation. Under no circumstances shall Tommy Anderberg and affiliates, employees, contractors or agents be liable for loss of data, loss of profits, lost savings, trading losses, data charges, regulatory fees and penalties, special, incidental, consequential, indirect or other damages arising from the use or the inability to use Investment Studio, even if advised of the possibility of such damage.
You acknowledge and agree that Investment Studio may fail without warning if used with expired or otherwise invalid subscription data, potentially causing misleading information to be presented and/or stored data to be corrupted. You accept sole and full responsibility for any damage or loss arising from your use of Investment Studio with expired or otherwise invalid subscription data.
You acknowledge and agree that there is no warranty or guarantee, expressed or implied, of completeness, correctness or timely delivery of Investment Studio, of Investment Studio certificates or of additional services and content which may be provided to users. Under no circumstances shall Tommy Anderberg and affiliates, employees, contractors or agents be liable for any loss or damage caused by delays in furnishing Investment Studio, Investment Studio certificates, additional services and content or any other performance under this Agreement, even if advised of the possibility of such damage.
You agree that the maximum liability arising out of this agreement, or otherwise in connection with Investment Studio and/or additional services and content provided to users, whether based upon contract, negligence, tort or other legal theory, for Tommy Anderberg and affiliates, employees, contractors and/or agents, shall not in any event exceed the amount of the last Investment Studio subscription payment received by Tommy Anderberg prior to the date the liability arose. In jurisdictions that do not allow this limitation, the liability for Tommy Anderberg and affiliates, employees, contractors and agents is limited to the fullest extent permitted by law.
Tommy Anderberg reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Investment Studio or any part thereof, including your user's license, with or without notice. You agree that Tommy Anderberg and affiliates, employees, contractors and agents shall not be liable to you or to any third party for any modification, suspension or discontinuance of Investment Studio or any part thereof. Unless explicitly stated otherwise, any modifications to Investment Studio, including but not limited to new releases of the Investment Studio software and new services or content provided to users, shall be subject to the terms of this Agreement.
You acknowledge that the above disclaimers and limitations of liability constitute an essential part of this Agreement.
You acknowledge and agree that costs, fees and terms are subject to change.
You agree that no refunds, pro rata or otherwise, will be issued.
You agree that neither this Agreement nor any part or portion hereof shall be assigned or sublicensed, except as described herein.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law.
Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
If you fail to comply with any terms of this Agreement, all your user rights are automatically terminated. In such event, you must destroy all Investment Studio components and all Investment Studio certificates in your possession, and you may be prosecuted at any time under applicable law and under International Treaty provisions.
You agree to indemnify Tommy Anderberg and affiliates, employees, contractors and agents, and hold all such indemnified parties harmless from and against any and all losses, damages, settlements, liabilities, costs of equitable obligations, charges, assessments, and expenses, as well as any claims, suits, and causes of action, including, without limitation, all attorneys' fees and disbursements arising in connection with any breach of any term or condition of this Agreement.
Upon notification of any third party claim, Tommy Anderberg has the right to assume the sole defense of the claim, at the user's expense, by legal counsel chosen by Tommy Anderberg. The user shall provide Tommy Anderberg with assistance, without charge, as Tommy Anderberg requests in connection with the defense, including, without limitation, any information, documents, records, and reasonable access to the user and, if applicable, the user's personnel as Tommy Anderberg deems necessary. In no event will the user settle, make an appearance, or make any statement in any third party claim without Tommy Anderberg's prior written consent.
You acknowledge that you have read this Agreement, that you understand this Agreement, and that by installing any part of Investment Studio, by loading or running any part of Investment Studio, or by placing or copying any part of Investment Studio onto a storage device (such as, but not limited to, a computer's hard drive), you agree to be bound by the terms and conditions of this Agreement. You further agree that, except for written separate agreements between Tommy Anderberg and you, this Agreement is a complete and exclusive statement of the rights and liabilities of the parties involved in the use of Investment Studio.
This agreement supersedes all prior oral agreements, proposals or understandings, and any other communications between Tommy Anderberg and you relating to the subject matter of this Agreement.