End user agreement for TradeTrakker
TradeTrakker End User License Agreement
TradeTrakker for Microsoft Windows
Copyright © 2000-2014 Hagel Technologies Ltd. and Rose City Software - All Rights Reserved
NOTICE TO ALL USERS
Carefully read the following legal agreement ("agreement"), which sets forth license terms for TradeTrakker software. BY INSTALLING TRADETRAKKER, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. If someone else uses a copy of TradeTrakker installed by you, he or she may do so only subject to all conditions, obligations and limits described in this Agreement.
Hagel Technologies Ltd. and Rose City Software hereby license you for unlimited use of TradeTrakker on your personal computer(s), such as desktop and laptop, or for multiple users on a single personal computer, but not both, and to make one copy in machine-readable form for backup purposes only. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying TradeTrakker. Within any such copy, you must reproduce the copyright notices and any other proprietary legends that were on the original downloaded copy of TradeTrakker. No license, right or interest in any trademark, trade name or service mark of Hagel Technologies Ltd., Rose City Software or any third party is granted under this License. You may not modify TradeTrakker or disable any licensing or control features of TradeTrakker except as an intended part of TradeTrakker's programming features. When you first obtain a copy of TradeTrakker, you are granted an evaluation period of not more than 30 days. You are expected to use TradeTrakker on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. After the 30-day evaluation period, you must pay for TradeTrakker according to the terms and prices discussed in TradeTrakker's documentation, or you must remove TradeTrakker from your system. This license is not transferable to another organization or individual. Any reproduction or redistribution of TradeTrakker not in accordance with the License Agreement is prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent allowable by law.
COPYRIGHT AND TITLE
TradeTrakker is protected by United States copyright laws and international treaty provisions. TradeTrakker and its suppliers own and retain all right, title and interest in and to TradeTrakker, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that your possession, installation, or use of TradeTrakker does not transfer to you any title to the intellectual property in TradeTrakker, and that you will not acquire any rights to TradeTrakker except as expressly set forth in this Agreement. You agree that any copies of TradeTrakker and Documentation will contain the same proprietary notices that appear on and in TradeTrakker and Documentation.
TradeTrakker is made available for downloading for use by end users according to this License Agreement. The unmodified distribution archive of TradeTrakker may be offered for evaluation purposes via download from any Internet web site, BBS or any other online or offline media, provided that no charge is made except for the media upon which it is distributed or the bandwidth utilized. Anyone offering the unmodified distribution archive must also take reasonable precaution to insure they are distributing the latest version of the program as available from the TradeTrakker.com web site. Hagel Technologies Ltd. and Rose City Software reserve the right to revoke distribution rights from anyone at any time without cause.
You may not rent, lease, loan or resell TradeTrakker. You may not permit third parties to benefit from the use or functionality of TradeTrakker via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble TradeTrakker, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, TradeTrakker in whole or in part. You may not copy TradeTrakker or Documentation except as expressly permitted above. You may not remove any proprietary notices or labels on TradeTrakker.
This License is effective until terminated. You may terminate this License at any time by destroying TradeTrakker, and all copies thereof. This License will be construed as terminated immediately and without notice from Hagel Technologies Ltd. and Rose City Software if you fail to comply with any provision of this License. If this license is terminated for any reason, you must destroy TradeTrakker and all copies thereof.
You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all laws of the United States and other applicable laws and regulations.
This license will be governed by the laws of the state of Oregon and United States federal law as they are applied to agreements between United States residents entered into and to be performed entirely within the United States. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
DISCLAIMER OF WARRANTY
TRADETRAKKER AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES EXPRESSED OR IMPLIED. NEITHER HAGEL TECHNOLOGIES LTD. NOR ROSE CITY SOFTWARE IS THE ORIGINATOR OF STOCK INFORMATION OBTAINED BY TRADETRAKKER ONLINE, AND CANNOT GUARANTEE THE ACCURACY, FREEDOM FROM ERROR, OR CONTINUING AVAILABILITY THEREOF. IN ADDITION, IF THE ONLINE STOCK INFORMATION SOURCES USED BY TRADETRAKKER CEASE TO BE AVAILABLE FOR FREE USE IN TRADETRAKKER, TRADETRAKKER MAY NO LONGER BE ABLE TO UPDATE PORTFOLIO INFORMATION VIA THE INTERNET. WHILE TRADETRAKKER HAS SECURITY FEATURES, THERE IS NO WARRANTY THAT ANY SUCH FEATURES OR FEATURES WILL PREVENT THIRD PARTY ACCESS TO TRADETRAKKER, OR TO FILES OR INFORMATION MAINTAINED OR TRANSMITTED IN CONNECTION WITH TRADETRAKKER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL HAGEL TECHNOLOGIES LTD., ROSE CITY SOFTWARE, OR THEIR 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, OR INABILITY TO USE, TRADETRAKKER, EVEN IF HAGEL TECHNOLOGIES OR ROSE CITY SOFTWARE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HAGEL TECHNOLOGIES' AND ROSE CITY 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.
HIGH RISK ACTIVITIES
TRADETRAKKER IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF TRADETRAKKER COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). HAGEL TECHNOLOGIES LTD. AND ROSE CITY SOFTWARE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
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.
This is the entire agreement between you, Hagel Technologies Ltd. and Rose City Software, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.