End user agreement for Option Pricing Calculator
Notice to users: carefully read the following legal agreement. Use of the OTrader software provided with this agreement (the "SOFTWARE") constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, do not install and/or use this SOFTWARE. User's use of this SOFTWARE is conditioned upon compliance by user with the terms of this agreement.
1. License Grant
OTrader Software grants you a license to use the software program (the "SOFTWARE") on any computer as long as the terms of this agreement are respected. "You" means the company, entity, or individual installing or using the SOFTWARE. "Use" means storing, loading, installing, executing, or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. This license is not transferable to any other hardware product or other company, entity, or individual.
The SOFTWARE is owned and copyrighted by OTrader Software. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
The licensee acknowledges that the program and documentation are the subject of copyright. The licensee shall not during or any time after the expiry or termination of this licence permit any act which infringes that copyright and, without limiting the generality of the foregoing, the licensee specifically acknowledges that it may not copy the program except as otherwise expressly authorised by this agreement.
The documentation may not be copied under any circumstances. Additional copies of the documentation may be acquired from OTrader.
The licensee shall indemnify OTrader fully against all liabilities, costs and expenses which OTrader may incur to a third party as a result of the licensee's breach of the copyright provisions of this agreement.
4. Unauthorized Use
You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.
In no case may the SOFTWARE be bundled with a hardware or software product without written permission from OTrader Software (PO BOX 453 Leederville, WA 6903).
Provided that you verify that you are distributing the SOFTWARE you are hereby licensed to make as many copies of the SOFTWARE as you wish; give exact copies of the original SOFTWARE to anyone; and distribute the SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the software itself.
Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or franchisable. Each entity wishing to distribute the package must independently satisfy the terms of the distribution license.
8. Limited Warranty
The licensee acknowledges that the program cannot be guaranteed error free and further acknowledges that the existence of any such errors shall not constitute a breach of this licence.
OTrader will not be liable for any indirect or consequential damages arising out of a breach of this licence or arising out of the supply of a defective program.
The licensee acknowledges that it has exercised its independent judgment in acquiring the program and has not relied on any representation made by OTrader which has not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by OTrader.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
10. No Liability For Consequential Damages
IN NO EVENT SHALL OTRADER SOFTWARE OR
ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF OTRADER SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OTRADER SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
11. Governing Law
This licence shall be governed by and construed according to the law of Western Australia.
13. Entire Agreement
This is the entire agreement between you and OTrader Software, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
14. Reserved Rights
All rights not expressly granted here are reserved to OTrader Software.