Disclaimers and License

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License Agreement

IMPORTANT:  THE RISK OF LOSS IN TRADING STOCKS, FUTURES, OPTIONS, CASH CURRENCIES AND OTHER LEVERAGED TRANSACTION PRODUCTS CAN BE SUBSTANTIAL. THEREFORE ONLY "RISK CAPITAL" SHOULD BE USED. STOCKS, FUTURES, OPTIONS, CASH CURRENCIES AND OTHER LEVERAGED TRANSACTION PRODUCTS ARE NOT SUITABLE INVESTMENTS FOR EVERYONE. THE VALUATION OF STOCKS, FUTURES, OPTIONS, CASH CURRENCIES AND OTHER LEVERAGED TRANSACTION PRODUCTS MAY FLUCTUATE AND AS A RESULT CLIENTS MAY LOSE MORE THAN THE AMOUNT ORIGINALLY INVESTED AND MAY ALSO HAVE TO PAY MORE LATER. CONSIDER YOUR FINANCIAL CONDITION BEFORE DECIDING TO INVEST OR TRADE.

ALL RESULTS SHOWN ARE HYPOTHETICAL, NOT ACTUAL RESULTS.

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.

ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

Individual performance depends upon each student's unique skills, time commitment, and effort. Students sharing their stories have not been compensated. Student stories have not been independently verified by Sunny Harris Enterprises, Inc. These results may not be typical and individual results will vary.

By using our software you agree to the following: 

1.   Definitions

The Software Product is licensed (not sold) to you, and Sunny Harris and/or Sunny Harris Enterprises, Inc. (“SHE”) owns all copyright, trade secret, patent and other proprietary rights in the Software Product in the United States and throughout the world.  The term “Software Product” includes all copies of the routines, subroutines, functions, indicators, signals, showmes, paintbars and other EasyLanguage or PowerEditor computer programs, and documentation.

Mentoring, Consulting and Programming involve hours of Sunny's time, spent in educational avenues. Time spent cannot be returned or refunded.

All of these products are for EDUCATIONAL USE ONLY. NO REFUNDS OR EXCHANGES. Intellectual property is not refundable or returnable. Consulting time is not refundable or returnable.

2.   License

a.  Authorized Use.  SHE grants you a non-exclusive, non-transferable, non-assignable license to use the Software Product in object code form only and/or EasyLanguage or PowerEditor protected format on a single computer solely for your internal use and evaluation.  You may make one copy of the Software Product's computer program for back-up purposes only. Proprietary information made known to you during any educational sessions must remain proprietary to SHE. You may not disclose the trade secrets and proprietary information you learn in educational sessions.

b.  Restrictions.  You may not:

(1)    copy (other than once for back-up purposes), distribute, rent, lease or sublicense all or any portion of the Software Product;

(2)    modify or prepare derivative works of the Software Product;

(3)    use the Software Product in a computer-based services business or publicly display visual output of the Software Product;

(4)    transmit the Software Product over a network, by telephone, or electronically using any means; or

(5)    reverse engineer, decompile or disassemble the Software Product.  You agree to keep confidential and use your best efforts to prevent and protect the contents of the Software Product from unauthorized disclosure or use.

3.   Limited Software Product Warranty

For thirty (30) days from the date of shipment, we warrant that the media (for example, CD-ROM, email attachment or diskette) on which the Software Product is contained will be free from defects in materials and workmanship.  This warranty does not cover damage caused by improper use or neglect. 

We do not warrant the contents of the Software Product or that it will be error free.  The Software Product is furnished “AS IS” and without warranty as to the performance or results you may obtain by using the Software Product.  The entire risk as to the results and performance of the Software Product is assumed by you.  To obtain warranty service during the thirty (30) day warranty period, you may contact Sunny with a description of the problem and she will link to your computer via TeamViewer or other software to determine the problem and make any necessary corrections.  The defective media in which the Software Product is contained will be replaced at no additional charge to you.

You recognize and affirm by using this software, that once it resides on your computer, I cannot remove it. As they say, I cannot un-ring the bell. Thus, once you have installed it, it is yours. There are no refunds or exchanges. Please read this carefully. You cannot return software.

Furthermore, you also cannot return “time.” By this I mean, that if you have purchased consulting hours with me, and I have spent the hours consulting, teaching or mentoring with you, you cannot return the hours spent. I also cannot un-educate you. Again, there are no refunds or exchanges for time you have purchased from me.

4.   Disclaimer of Warranty and Limitation of Remedies

a. THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES.  IN NO EVENT WILL OUR LIBAILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.

b. We will not be liable for any loss or damage caused by delay in furnishing a Software Product or any other performance under this Agreement.

c. Our entire liability and your exclusive remedies for our liability of any kind (including liability for negligence except liability for personal injury caused solely by our negligence) for the  Software Product covered by this Agreement and all other performance or nonperformance by us under or related to this Agreement are limited to the remedies specified by this Agreement.

d.  Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

e. We reserve the right to change our pricing structure at any time, with or without notice.

5. Confidentiality

WHEREAS, user from time to time may come into knowledge of proprietary information belonging solely to SHE, and user wants to learn more about SHE concepts,

  1. The relationship between SHE and User is at all times confidential in nature
  2. User will not reveal to any other person or entity such concepts and trade secrets, whether or not SHE and User enter into a contractual or other agreement
  3. User agrees to keep secret from all others any trade or proprietary concepts and information belonging to SHE.

User’s Signature_________________________________________________________Date______

User’s Printed Name_______________________________________________________________

Phone Numbers___________________________________________________________________

Address, City, ST Zip_______________________________________________________________