Seer distribution permissions and end-user license agreement

Seer License

Copyright (C) 2004-2008 Seer Trading Systems Ltd. All rights reserved.

IMPORTANT READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between the End User (either an individual or a single entity) and Seer Trading Systems Ltd ("Vendor") to install and use the Seer Application Software ("Software"). By installing, or otherwise using the Software, the End User agrees to be bound by the terms of this Agreement. If the End User does not agree with the terms of this Agreement, then the End User is prohibited from installing and using the Software.

Permission is granted to the End User to install and use the Software provided that the following conditions are met:

1. GRANT OF LICENSE. Vendor grants the End User a perpetual, non-exclusive, non-transferable license to install and use the Software personally on one or, two computers concurrently. Each copy of the Software and any upgrade or new release of the Software provided to the End User is subject to the provisions of this Agreement.

2. OWNERSHIP. The End User acknowledges that the Software contains confidential and proprietary information and trade secrets belonging to the Vendor and its licensors and that title in and rights to the software remain exclusively with the Vendor. The End Users rights to the Software are strictly limited to those granted in this Agreement.

3. GENERAL USE: The End User's use of the Software is limited to the hardware (computers), the number of copies or users, and by other such restrictions, as set out in this Agreement. The End-User is responsible for installing the Software and copying and installing upgrades or new releases of Software.

4. UNAUTHORIZED USE. The End User shall not copy (except that one copy may be made for archival or back-up purposes), sub license, 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 Agreement.

5. DISTRIBUTION. The End User shall not distribute or otherwise make the Software available to any unrelated third party (including, without limit, any contractor, franchisee, agent or dealer) without first obtaining the written permission of the Vendor and where applicable any third party.

6. COPYRIGHT. The Software is the proprietary Software of the Vendor and is protected by United Kingdom copyright laws and international provisions. The End User acknowledges that no title to the intellectual property in the Software is transferred to the End User and that title and full ownership rights to the Software shall remain the exclusive property of the Vendor and the End User will not acquire any rights to the Software except as expressly set forth in this Agreement.

7. TERM. This Agreement is effective until terminated. The End User may terminate this Agreement at any time by destroying the Software, related documentation and all copies thereof. This Agreement will terminate immediately without notice from the Vendor if the End User fails to comply with any provision of this Agreement. Upon termination the End User must destroy the Software, related documentation and all copies thereof.

8. RESERVED RIGHTS. All rights not expressly granted here are reserved to the Vendor.

9. LIMITED WARRANTY. The Vendor warrants that a) it has the right to grant the license to use the Software; and b)for a period of thirty (30) days following installation of the Software by the End User, the Software shall perform substantially in accordance with its related documentation. Subject to applicable law, all other warranties or conditions, express, implied or otherwise are excluded.

If the above warranties are breached the Vendor shall, at its option and at no cost to the End User
a)provide remedial services necessary to enable the Software to conform to the warranty or
b)refund amounts paid in respect of the defective Software.

The End User shall notify the Vendor promptly of any breach of warranty within the warranty period and provide the Vendor with a reasonable opportunity to remedy any breach, and reasonable assistance in remedying any defects. The remedies set out in this Section 9 are the End Users sole remedies for breach of the above warranties.

10. LIMITATION OF LIABILITY. The Vendor will not be liable to the End User under this Agreement for any loss of revenue, profits, goodwill or reputation, anticipated savings, opportunity, business or data (including as a result of corruption of or damage to media), nor shall it be liable for special, indirect, incidental, or consequential loss or damage (including for the avoidance of doubt of the categories of loss listed above) howsoever caused, under or in connection with the subject matter of this Agreement (whether or not foreseeable).

11. This Agreement, and any matters relating to it, will be governed, construed and interpreted in accordance with the laws of England, and the Vendor and the End User consent and submit to the exclusive jurisdiction of the English Courts.

12. RIGHTS OF THIRD PARTIES. Except as set out herein this Agreement does not and shall not be construed as conferring on or granting to any third party any right enforceable against either party.

13. Data provided with the Software should be considered inaccurate and is provided for convenience only. You should replace it with your own data.

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