End user agreement for StockWhip
This is the software licence agreement (this 'Agreement') for the DarkTurtles StockWhip software program (this 'Software'). This Agreement does not cover third party software included with this Software where such software has its own licence agreement. This Software is available in two editions, a trial edition which does not require payment and a full edition which requires you to purchase a licence key. You are not permitted to use the full edition of this Software without purchasing a licence key. You must accept this Agreement before using either edition of this Software.
As long as you comply with the terms of this Agreement, DarkTurtles grants to you a non-exclusive license to use this Software. You may install and use this Software on one computer only. You may not copy or distribute this software in any form. You may not modify or alter this Software in any way. You are permitted to copy and distribute the reports this Software generates. You are not permitted to reverse engineer or decompile any of this Software.
This Software accesses third party websites including but not limited to finance.yahoo.com during its operation, and by accepting this Agreement, you agree to accept the terms and conditions of use of those websites.
By accepting this Agreement, you agree to be shown advertising of a non adult nature in StockWhip.
Warranty Disclaimer. THE USE OF THIS SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND. DARKTURTLES MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Indemnity. You agree to hold DarkTurtles harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, this software.
Limit of Liability. UNDER NO CIRCUMSTANCES WILL DARKTURTLES BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE, OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
This Software is intellectual property of, and is owned by, DarkTurtles.
You may receive updates to this Software from time to time. You must have a valid licence key to receive and use such updates. Use of an update may require you to agree to a new Licence Agreement. You should read the new Licence Agreement on the darkturtles.com website before allowing this Software to be updated.