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Equis Software License AgreementIMPORTANT - READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY CLICKING ON THE "I ACCEPT THIS AGREEMENT" BUTTON, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "I DO NOT ACCEPT THIS AGREEMENT" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 1. LicenseThe Equis software ("Software") and accompanying documentation ("Documentation") are licensed, not sold, to you under the following conditions by Equis International ("Equis"). Equis reserves to itself any rights not expressly granted to you under this non-exclusive agreement ("License Agreement"). This License Agreement permits a single user to use the Software. Use by more than one user accessing a single copy of the Software is not authorized. If more than one person desires to use the Software, you must purchase an additional license for each additional user. The Software requires product activation. Activation can be completed over the internet or by speaking with an Equis customer service representative. Product activation works by validating that the Software’s product key, required as part of installation, has not been used on more computers than is allowed by this License Agreement. Each single license of the Software can be installed on no more than two computers for a single user. Activations on the same computer using the same product key are unlimited. Installations beyond those allowed in this License Agreement will fail to activate. Equis and its licensors retain all rights in the Software and Documentation, including, but not limited to, copyrights, trade secret rights and other intellectual property rights. These rights are protected under United States law and international agreements including, without limitation, the Berne Convention, the Universal Copyright Convention, and Title 17 of the United States Code. You agree not to copy the Software and Documentation except as expressly allowed by this License Agreement. You may make one backup copy of the Software, provided that you reproduce and place our copyright notice and other proprietary notices on the backup copy, which copy shall also be subject to the terms of this License Agreement. You must erase or destroy all Software upon termination of this License Agreement. You may not: (i) modify or create derivative works based on the Software or Documentation; (ii) lease, rent, transfer, sublicense, or distribute the Software or the Documentation; (iii) remove any proprietary notices associated with the Software or the Documentation; or (iv) replicate or distribute or use the MetaStock formula organizer to export and distribute any MetaStock Performance Systems, or any other formula-based add-ons or plug-ins sold with the Software. You agree that you shall only use the Software and the Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. All updates are subject to this License Agreement unless otherwise agreed. If you fail to register the Software and Documentation with Equis, Equis will be unable to notify you about, or provide you with, updates to the Software. 2. TermThis License Agreement is effective until terminated. You may terminate this License Agreement by returning the Software and the Documentation to Equis. This Agreement shall terminate automatically if you fail to comply with any term hereof. Upon termination of this License Agreement for any reason, you shall immediately discontinue use of the Software and shall return all copies of the Software and the Documentation to Equis or to the authorized Equis dealer from whom you purchased it. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liability, remedies, damages, and Equis’ proprietary rights shall survive termination. In the event that you have licensed the Software in connection with a bundled subscription to both the Software and Reuters Datalink (the “Service”), your license to use the Software, as set forth herein, shall immediately terminate upon the termination, for any reason, of your subscription or license to use the Service. 3. Object CodeThe Software is delivered in object code only. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend or directly or indirectly transfer the Software to any third party. 4. Limited Warranty and LiabilityEquis warrants that the Software will perform substantially in accordance with the Documentation for a period of thirty (30) days from the date of delivery ("Warranty Period"). Equis does not warrant that the functions contained in the Software and Documentation will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Equis also warrants that the CDs or other media on which the Software is furnished will be free from defects in materials and workmanship under normal use during the Warranty Period. Any other software and any hardware furnished with or accompanying the Software is not warranted by Equis. Equis' sole liability and your only remedy under this limited warranty is, at Equis' option, either (a) the replacement of any defective CDs or other media on which the Software is furnished, or (b) return of the price paid. To request replacement CDs or a refund, contact Equis or the authorized Equis dealer from whom you purchased the Software and obtain a Return Merchandise Authorization number. You may be required to present your receipt or other proof of purchase. The Warranty Period for replacement CDs or other media shall not extend beyond the original Warranty Period for the original CDs or media. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. If any modifications are made to the Software by you during the Warranty Period; if the media on which the Software is provided is subjected to abuse or improper use; or if you violate the terms of this License Agreement, the warranties contained in this Agreement shall immediately terminate. The warranties contained in this Agreement shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of the hardware and software with which the Software was designed to be used as described in the Documentation. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. EQUIS' SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE DISKS OR REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL EQUIS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM BY ANY THIRD PARTY, ANY LOSS OF DATA, ANY LOSS OF PROFITS, OR ANY LOST SAVINGS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF EQUIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION PRIOR TO THE EXECUTION OF ANY STOCK TRADE. EQUIS SHALL HAVE NO LIABILITY FOR ANY INVESTMENT DECISIONS BASED ON THE USE OF THE SOFTWARE OR ANY INFORMATION PROVIDED IN CONNECTION THEREWITH. IN NO EVENT SHALL EQUIS' LIABILITY UNDER THIS AGREEMENT EXCEED THE MAXIMUM OF THE SUGGESTED RETAIL PRICE OR THE PRICE PAID FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Software is intended for use only with properly licensed data and other content. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to use or download such data or content. You agree to use and download only that data or content for which you have the necessary permissions, licenses and/or clearances. You agree to hold harmless, indemnify and defend Equis and its officers, directors and employees from and against any losses, damages, liabilities, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that you have (i) used, downloaded, copied or transmitted any data, content or other materials (other than data, content or other materials provided by Equis) in connection with the Software in violation of another party’s rights or in violation of any law, or (ii) violated any terms of this Agreement. 5. GeneralYou agree that the Software and the Documentation shall not be exported or re-exported in violation of any export provision of the United States or any other applicable jurisdiction. This License Agreement shall be governed by and interpreted under the laws of the State of Utah , United States of America , and any litigation arising from this License Agreement may be pursued in the state or federal courts of the State of Utah . If you purchased or obtained the Software or Documentation from someone other than Equis or your authorized Equis dealer, Equis reserves the right to deny you support, updates, or remedies that would otherwise be available under this License Agreement. If you are licensing this Software and Documentation for the United States Government or an agency thereof, this License Agreement only conveys "Restricted Rights," and the use, disclosure, and duplication of the Software and Documentation are subject to the Restricted Computer Software definition, Rights in Technical Data and Computer Software clause, Commercial Computer Software-Restricted rights provisions, and other restrictions set forth in the Federal Acquisition Regulations at FAR 52.227-14, DFARS 252.227-7013 (c)(1)(ii) and elsewhere. Manufacturer is Equis International, 90 South 400 West, Suite 620 , Salt Lake City , Utah 84101 . This Agreement shall constitute the entire agreement between us with respect to the subject matter hereof and supersedes all prior agreements, understandings and negotiations with respect to the subject matter hereof, including any purchase order or other written instrument submitted by you, whether formally rejected by Equis or not. The terms and conditions of this Agreement may not be modified except by a writing signed by you and an authorized representative of Equis. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of the remaining provisions of this Agreement. This Agreement may not be assigned without the express written consent of Equis. Any attempt to assign this Agreement in violation of the foregoing will be void. If you have any questions, please contact Equis:
Equis International
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