Disclaimers and License
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.
By using this software you agree to the following:
1. Definitions
The Software Product is licensed (not sold) to you, and Sunny Harris Enterprises (“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 computer programs, and documentation.
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 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.
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 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 return the Software Product and defective media (postage paid) with a description of the problem to SHE. The defective media in which the Software Product is contained will be replaced at no additional charge to you.
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.