GA7 Stock Forecaster distribution permissions and end-user license agreement
SOFTWARE END-USER LICENSE AGREEMENT
IMPORTANT READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and RaceCom, Inc for the RaceCom software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT. In addition, by installing, copying, or otherwise using updates that you receive as part of the Product (``UPDATES``), you agree to be bound by the additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or use such UPDATES.
The Product is licensed through RaceCom, Inc.
1. Applicability of License. Depending on the options you have chosen, the Product may consist of tools and utilities, miscellaneous technical information, server applications, and development tools. This EULA defines your rights to the Options you have elected to receive as part of M7 Analyst.
2. General Grant of License. In general, for each license you have acquired for the Product, one individual is authorized to use the Product according to the terms of this EULA. Unless expressly stated otherwise, the Product may not be separated for use by more than the one individual authorized to use the Product. A single purchase of the M7 Analyst System may have multiple licenses to use the Product associated with that purchase; nonetheless, each license must be dedicated to use of the Product by one individual. Specifically:
a. If you are an individual, RaceCom grants to you as an individual a personal, nonexclusive license to make and use copies of the Product in accordance with the terms of this EULA, provided that you are the only individual using the Product
b. If you are an entity, RaceCom grants to you the right to designate one individual within your organization to have the sole right to make and use copies of the Product in accordance with the terms of this EULA.
c. If you are an entity and have acquired this EULA as part of a RaceCom Multi-License Pack, RaceCom grants to you the right to designate one individual per license (i.e., on a one-for-one basis) within your organization to have the sole right under each such license to make and use copies of the Product in accordance with the terms of this EULA.
3. Effect of Licenses contained in Options. Options that you receive as part of the Product may have their own licenses (each, a "Option Agreement"). In the event of inconsistencies between this EULA and any Option Agreement, the terms of the Option Agreement shall control except in the following instances:
4. Additional Rights and Limitations-General.
4.1 Limitation on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that applicable law notwithstanding this limitation expressly permits it.
4.2 Termination. Without prejudice to any other rights, RaceCom may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its Option parts.
4.3 Consent to Use of Data. You agree that RaceCom may collect information from your computer that does not specifically identify you or that violates your privacy in order to verify trial expiration date.
4.4 Not for Resale Software. Product identified as "Not for Resale" or "NFR" may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation.
4.5 Academic Edition Software. To use Product identified as "Academic Edition" or "AE," you must be a "Qualified Educational User."
5. U.S. GOVERNMENT LICENSE RIGHTS. All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
6. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the State of Florida. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Product was acquired outside the United States, then local law may apply.
7. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and RaceCom relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any RaceCom policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
17. The Product is protected by copyright and other intellectual property laws and treaties. RaceCom or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
18. RaceCom has a policy of allowing software users a 7 to 30 day free, no obligation demonstration period for selected new software. If a person purchases that software or any related options for that software whether demonstrated or not, there will be no refund of the purchase price for any reason. All other software and/or services are sold as a final, "as is" sale with no refunds under any circumstances.
19. RaceCom makes no promise either expressed or implied you will receive the same results as stated anywhere on our web pages. RaceCom makes no promise either expressed or implied regarding the MERCHANTABILITY or effectiveness of its software and/or services. RaceCom is not liable for any losses of any kind even if we are notified there is a potential loss ahead of time.
20. RaceCom reserves the right to change prices, terms, and conditions without prior notice. This does not apply to prior sales.
21. RaceCom makes every effort to make timely deliveries, but makes no guarantee regarding delivery dates for Software, videos, other products, and/or services that are ordered ahead of release dates. Software development often involves lengthy delays and complete change of direction. We make no guarantees with regard to products, specifications, delivery dates, or any other matters relating to software packages and/or services. The customer`s order is irrevocable unless RaceCom determines the order cannot be filled at which time RaceCom`s responsibility is completely discharged by refunding the original purchase price for the order or parts of the order deemed undeliverable.
21. All RaceCom software and/or services are sold "as is". While RaceCom makes every reasonable effort to insure the highest quality, we make no guarantee either expressed or implied that any software and/or services we sell is completely error free or uninterrupted. The customer is solely responsible for selecting our software and/or services for his or her intended purpose.
22. Investing and/or wagering involves risk. You can lose money. All RaceCom software and/or services are only designed to provide additional information to help you make an informed decision. You are solely responsible for any decision you make. We make no guarantee either expressed or implied regarding ultimate profits from using our selections and/or services.
23. All RaceCom software and all information generated by RaceCom software is protected by copyright laws. No information or software created by RaceCom may be copied, retransmitted, or redistributed by any means without written permission from RaceCom, Inc.
24. All legal matters are governed by the Laws of the State of Florida and will only be settled in a forum of RaceCom`s choosing. You further waive all rights to challenge venue.
25. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Florida, United States of America, without giving effect to the principles of conflict or choice of law of such state. You hereby consent to the exclusive jurisdiction and venue of all courts in Volusia County, Florida, U.S.A., in all disputes arising out of or relating to the use of the software and or services. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
26. Any credit card charge backs will be considered bad debts and will be placed on the buyer`s national credit report as a bad debt until RaceCom is fully reimbursed. There will be a 50% administrative fee is the customer reverses any charge.
27. We also provide the information our products generate for customers who would rather have the information and not concern themselves with the operation of the software. The information service will be a recurring, month-to-month charge for a yearly contract. The first and last month’s services are paid for in advance. The remaining months are charged per month, on the first day of every month. The yearly contract may be cancelled when the customer provides a thirty-day notice. There will be a 50% administrative fee, based on the entire amount of the contract charged if a customer chooses to terminate their contract prior to the contract’s expiration date. If a customer elects to terminate the contract in the middle of a month that has been paid for, no refund will be issued for the remainder of days unused.
28. If you have not paid the retail price for any RaceCom software and have obtained that software without RaceCom’s knowledge and consent, you agree to pay RaceCom the full retail price plus a 25% administrative fee for the software within 24 hours of being notified by proper authorities and/or RaceCom, Inc.
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