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Software License and Terms of Service for NeuroShell Trader|
Please read this carefully. This is a legal agreement ("Agreement") between you and Ward Systems Group, Inc. ("Ward Systems Group"), its data suppliers (the "Data Suppliers"), and it suppliers of trading brokerage services ("Brokers"). BY INSTALLING AND/OR USING THE SOFTWARE AND/OR THE DATA ON A COMPUTER, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT HAS THE SAME BINDING LEGAL FORCE AND EFFECT AS IT WOULD IF YOU AND WARD SYSTEMS GROUP SIGNED IT IN INK AND DELIVERED IT TO ONE ANOTHER IN PERSON. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE INSTALLING THIS SOFTWARE, DO NOT ACTIVATE THIS SOFTWARE, AND CONTACT WARD SYSTEMS GROUP FOR A REFUND, AS WARD SYSTEMS GROUP IS UNWILLING TO LICENSE THE SOFTWARE TO YOU UNLESS YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ALL LIMITATIONS ON THE LIABILITY OF WARD SYSTEMS GROUP AND THE DATA SUPPLIERS, AND ALL DISCLAIMERS AND ASSUMPTIONS OF RISK DESCRIBED BELOW.
1. GRANT OF LICENSE.
(a) Ward Systems Group grants to you a nonexclusive license to use one copy of the software program (the "Software") and all market and other financial data included with the Software (the "Data"), on a single computer. Notwithstanding the first sentence of this paragraph 1
(a), you may use the Software, and any historical Data included with it, on additional computers, provided that solely you are the person to use it on each of such additional computers, and provided further that no application of the Software is used on two of such computers at the same time. This courtesy is granted to you to provide the flexibility to, for example, use a Software application at your home computer and then later in the day at your office computer, or vice versa, or on your home computer and then on your laptop, etc. This will require de-activation on one computer and re-activation on another in accordance with paragraph 3 below, and no simultaneous activations will be provided unless you purchase additional licenses for this Software. You must understand that due to technical difficulties, the ability to activate and de-activate may on occasion be temporarily not possible, and you agree to accept this risk should you decide to avail yourself of the courtesy of using multiple computers.
This Agreement and the license granted may not be transferred, assigned, leased, rented, sublicensed or otherwise transferred by you without written permission of Ward Systems Group. In no event shall the Software or the Data be used by you for, or in connection with, any unlawful purpose.
(b) You are also granted a nonexclusive, non-transferable license to use precise reproductions of screen shots of charts or tables displayed by the Software and the name brand of the Software in connection with your business, solely for illustrative or informational purposes, and only if your business is related to investment analysis (such as an investment analysis website, financial newsletter or book, etc.). In order to utilize this right, you may not in any manner state or imply that Ward Systems Group endorses you, your company or any of your or its products or services, that the use of any Ward Systems Group product will guarantee profits, increased profits or minimization of losses, or that Ward Systems Group or its products recommend(s) any particular trading system or strategy. Also, each screen shot reproduced must be displayed under a prominent caption that reads "Chart created with NeuroShell Trader® by Ward Systems Group®, Inc." The screen shot may not be altered or presented in a manner that leads or may lead the viewer to believe that the Software has capabilities which it does not. This license may be terminated by Ward Systems Group at any time, for any reason, upon notice to you of such termination.
(c) Any or all of the licenses granted above may be terminated by Ward Systems Group upon notice to you if you violate or otherwise do not observe any of the terms, conditions or provisions of this Agreement.
2. OWNERSHIP AND COPYRIGHT. The Software has been developed by or for Ward Systems Group. The Data has been assembled, formatted and supplied by either Ward Systems Group and/or one or more of the Data Suppliers and their respective suppliers, and is being offered by Ward Systems Group pursuant to licenses granted by the Data Suppliers. The Software and the Data were developed, compiled, prepared, revised, selected and arranged through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, constitute confidential and valuable industrial property and trade secrets, and are protected by United States copyright laws and international treaty provisions as well as other intellectual property laws and treaties. All title and copyrights in and to the Software and the Data and any accompanying printed materials are owned by Ward Systems Group or the Data Suppliers (or their suppliers). You acquire only a nonexclusive license to use the Software and the Data subject to this Agreement. You agree not to duplicate, reproduce, publish, retransmit or redistribute the Software or Data, except that you may either:
(a) make a copy of the Software solely for backup or archival purposes; or
(b) transfer the Software and Data to a hard disk, provided that you keep the original solely for backup or archival purposes. You may not directly or indirectly offer or transmit all or any portion of the Software or Data to third parties whether by way of' subscription, license, sale or otherwise. You may not copy the written material accompanying the Software or Data or remove any proprietary notices or labels on the Software or Data. You may not modify, translate, reverse engineer, de-compile or disassemble the Software or the Data.
3. PRODUCT ACTIVATION REQUIRED. The Software must be activated through the Internet prior to use. Product activation is accomplished by an authorization process involving the transmission of numeric codes between your computer and Ward Systems Group, Inc. No information which identifies the user will be transmitted.
If you want to run the Software on another computer, you must run the authorization process again to de-activate the Software on the old computer, followed by another activation on the new computer. This is accomplished on the Internet and is a quick process. On an occasional emergency basis you may do this authorization by telephone contact with Ward Systems Group. You must understand that due to technical difficulties in software, hardware, and the Internet, the ability to activate and de-activate may on occasion be temporarily not possible, and you agree to accept this risk should you decide to avail yourself of the courtesy of using multiple computers.
Deactivation and reactivation is also required if you want to move your software to another disk drive on the same computer, or if you reformat the hard drive the software is running on. Deactivation is also required before you swap, change, reformat, or reconfigure physical or virtual hard drives. It is also required before upgrading your operating system. Deactivate before trying to install on the new or reformatted disk.
4. INTERNET ACCESS REQUIRED. The Software performs some of its calculations on one of our websites at various times. If the Software cannot access the Internet at these times, it will not function. It is your responsibility to assure that Internet access is available at all times. This may mean that firewalls and virus detection software need to be configured by you to allow Internet access. Although Ward Systems Group maintains dual websites for this purpose in different locations, you must understand that due to technical difficulties in software, hardware, and the Internet, the ability to do these calculations may not always be available, and you agree to accept this risk.
On a regular basis, the Software will by itself attempt to verify through the Internet that the Software has been properly authorized on only one computer, and if not, the Software will de-activate and the user will have to contact Ward Systems Group to resolve the problem. In addition, the software will attempt to make your activation permanent through the Internet once after 60 days of ownership. You must allow this authorization or the software will deactivate and you will have to contact Ward Systems Group for reactivation.
5. SATISFACTION GUARANTEE AND RETURN POLICY. You understand that Ward Systems Group has a 30-day Satisfaction Guarantee and Limited Return Policy solely for Software licensed directly from Ward Systems Group. If for any reason during the first 30 days after receiving the Software you are not 100% satisfied with its performance, you can request a refund. Shipping and handling charges (if any) are not refundable, and a credit card processing charge will also be deducted from your refund.
Important - Absolutely no refund will be made unless the Software has first been de-activated from your computer. Go to the NeuroShell Help menu and select About NeuroShell Trader. Click the Authorization button, which will take you to the dialog to deactivate. Deactivation requires that you connect to the Internet first. If you cannot deactivate, call Ward Systems Group, and we will do it for you.
Additionally, you are required to de-activate and "Uninstall" the Software and discontinue using it. Uninstall is accomplished by mouse clicking, in sequence, "Start," "Settings," "Control Panel," "Add/Remove Programs," and, finally, the name of the Software as listed in the "Add/Remove Programs" screen. You must also destroy your back-up copy of the Software, if you have made one. If the refund request is received by Ward Systems Group within the 30-day Satisfaction Guarantee period and all Return Policy guidelines are followed, your refund or credit will be processed within a week. If your software was purchased by credit card, the refund can only be processed as a credit to that same card.
6. REACTIVATION AFTER RETURN OR REQUEST TO RETURN. Any use by you of our software after you request a refund implies that you wish to continue using the software and no refund will be granted.
7. NO OTHER WARRANTIES. EXCEPT FOR THE 30-DAY SATISFACTION GUARANTEE FOR THE SOFTWARE DESCRIBED IN PARAGRAPH 5, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARD SYSTEMS GROUP AND THE DATA SUPPLIERS AND THEIR RESPECTIVE SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE.
8. NO LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES; WARD SYSTEMS GROUP TOTAL LIABILITY CAPPED. IN NO EVENT SHALL WARD SYSTEMS GROUP OR THE DATA SUPPLIERS OR ANY OF THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE DATA, OR ANY ERRORS IN THE SOFTWARE OR THE DATA, EVEN IF WARD SYSTEMS GROUP OR THE DATA SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL SOFTWARE AND DATA PRODUCTS CONTAIN SOME ERRORS AND INACCURACIES, INCLUDING THE SOFTWARE AND THE DATA. YOU UNDERSTAND THIS AND FULLY ASSUME ALL RISKS AND CONSEQUENCES RELATING TO SOFTWARE ERRORS AND DATA INACCURACIES OR INCOMPLETENESS. IN ALL EVENTS, YOU AGREE THAT THE MAXIMUM LIABILITY OF WARD SYSTEMS GROUP TO YOU RELATING TO ANY CLAIM YOU MAY HAVE IN ANY MANNER RELATING TO THE SOFTWARE OR DATA, OR THE USE, CONDITION, OPERATION, EFFECTIVENESS OR QUALITY THEREOF, WHETHER BASED IN CONTRACT, TORT OR ON OTHER GROUNDS OR THEORIES, AND REGARDLESS OF THE CIRCUMSTANCES, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO WARD SYSTEMS GROUP TO LICENSE THE SOFTWARE.
9. NO WARRANTY ON DATA; OTHER TERMS REGARDING DATA. ALL DATA IS PROVIDED "AS IS." THE DATA IS DERIVED FROM SOURCES WHICH WARD SYSTEMS GROUP AND THE DATA SUPPLIERS DEEM RELIABLE, BUT NEITHER WARD SYSTEMS GROUP NOR THE DATA SUPPLIERS OR THEIR SUPPLIERS GUARANTEE THE CORRECTNESS OR COMPLETENESS OF THE DATA. NEITHER WARD SYSTEMS GROUP NOR THE DATA SUPPLIERS OR ANY OF THEIR SUPPLIERS SHALL HAVE ANY LIABILITY WHATEVER FOR ANY INTERRUPTIONS, INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, OR ANY LOSSES YOU INCUR AS A RESULT THEREOF.
10. USING THE SOFTWARE TO MAKE INVESTMENT AND TRADING DECISIONS OR TO INITIATE TRADES. All software, including the Software, contains errors, and all financial market and similar databases and services, including the Data, contain inaccuracies and mistakes and are incomplete in certain respects. You are strongly advised to verify pricing and all other relevant information prior to making any trade or investment. AS BETWEEN WARD SYSTEMS GROUP AND YOU, SOLELY YOU FULLY ASSUME THE RISK THAT ERRORS OR INACCURACIES IN THE SOFTWARE AND/OR THE DATA MAY RESULT IN YOUR REACHING CONCLUSIONS THAT YOU MIGHT NOT OR WOULD NOT HAVE REACHED HAD SUCH ERRORS AND/OR INACCURACIES NOT BEEN PRESENT. FURTHER, AS BETWEEN WARD SYSTEMS GROUP AND YOU, SOLELY YOU FULLY ASSUME THE RISK THAT SOFTWARE ERRORS MAY CAUSE FAILURES IN THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR OTHER CHANNELS, OR INACCURACIES IN INFORMATION BEING SO TRANSMITTED. YOU AGREE THAT NEITHER WARD SYSTEMS GROUP NOR THE DATA SUPPLIERS NOR THE BROKERS SHALL HAVE ANY LIABILITY WHATEVER FOR ANY CONSEQUENCES OF SUCH ERRORS, INACCURACIES OR FAILURES.
11. PRODUCT SUPPORT; OTHER PRODUCTS AND SERVICES; UPGRADES. The price paid by you for the Software and/or Data relates only to such items, and to no other products or services, including upgrades or technical support that Ward Systems Group offers or may offer from time to time. Ward Systems Group currently provides technical support for the then-current shipping versions of its software to its registered customers at no charge, or as outlined from time to time on Ward Systems Group’s website. All support services, including technical support and other services and benefits that may be made available from time to time by Ward Systems Group through its website or otherwise, and the terms and conditions upon which they are made available (including pricing), may be modified at any time and from time to time by Ward Systems Group with or without notice. You have been provided from Ward Systems Group a unique serial number and password in order to access and/or use one, some or all of such services and benefits. You agree to keep such serial number and password confidential, and not to disclose them to anyone else, publish them, or allow anyone else to use them. Any of such services or benefits may be terminated at any time with or without notice, either generally or in specific circumstances. The license to use the Software granted in this Agreement does not include the right to receive upgrades and updates. Upgrades and updates, if any, may be made available for a separate license fee. Ward Systems Group may refuse to provide, or refuse to continue the provision of, upgrades, upgrade offers, updates, support services and other services or benefits to any person, at any time, for any reason, with or without notice.
Software cannot reasonably be expected to operate on hardware or operating systems versions that did not exist when the last release of Software was created. New versions may render Software obsolete, so you must first verify that Software will run on new versions when upgrading your computer or operating system in the future. Contact Ward Systems Group, Inc. to see if new releases of Software are available for your planned upgrades in the future. Ward Systems Group, Inc. reserves the right to require purchase of any such new release.
12. HACKING AND PIRACY. Any attempts to use a false serial number, hack, reverse engineer, deconstruct, distribute your software to others, distribute your serial number and password to others, or any other attempts to circumvent our software protection authorization process will result in the termination of your license and the forfeiture of your right to a refund. Any such attempt may also constitute grounds for legal and criminal action.
13. SEVERABILITY. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
14. WAIVER. Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Ward Systems Group.
15. ENTIRE UNDERSTANDING; ASSIGNMENT. This Agreement contains the entire understanding between you and Ward Systems Group concerning the subject matter of this Agreement. You agree that Ward Systems Group, Inc. is not bound by any terms or conditions in your purchase order or other prior agreements or requirements of your company. You may not assign any of your rights or delegate any of your obligations hereunder without first obtaining the prior written consent of Ward Systems Group.
16. CHOICE OF LAW. This Agreement shall be deemed to have been made in the State of Maryland and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of Maryland. Venue for any dispute shall be proper only in Frederick County, Maryland.
ADDITIONAL IMPORTANT INFORMATION AND DISCLAIMERS
Investments and trading involve risks, including possible loss of principal and other losses. The Software is designed chiefly to provide tools with which you can learn to build your own systems applying artificial intelligence to the financial markets. The Software and the examples therein are not intended to be working trading systems. The Software is licensed to you with the understanding that Ward Systems Group is not engaged in rendering any investment or other professional advice. If investment or other professional advice is required, the services of a competent, licensed professional should be sought. No Ward Systems Group employee, agent or representative is authorized to provide any such advice of any nature whatever, and any such advice, if given, is in violation of Ward Systems Group policy, is unauthorized and may not be relied upon.
The use of any trading system or strategy, including any system or strategy included as a sample in, or that is or was developed using, the Software, does not and cannot guarantee that you will make profits, increase profits or minimize losses. Any popular or other strategies or systems included in the Software are intended merely as examples of technical ideas that can be incorporated into a personally designed trading system. None is recommended. You must use your own judgment or consult a professional for advice on such matters. Additionally, trading results based upon hypothetical or historically-tested trading systems do not necessarily compare to results of actual trading. No hypothetical or historical trading record can completely account for the level of risk present in actual trading. Numerous factors relating to market conditions, human error, human/emotional reaction to losses during actual trading, and inherent limitations of certain hypothetical or historically-tested models can account for these differences. There is no guarantee that your hypothetical trading results, even if tested against historical data, will produce comparable actual trading results. In fact, there are frequently sharp differences between hypothetical or historically-tested performance results and the actual results subsequently achieved by any particular trading system or strategy. Also, you should be aware that certain commonly-used trading "jargon," including trading terms used in the Software, such as, for example, a "limited risk" position, should not be taken literally. For example, so-called "limited risk" positions in certain options trades are not in fact limited as may be expected. Again, with respect to matters such as these, a licensed professional should be consulted.
NeuroShell, NeuroShell Trader, NeuroShell DayTrader, NeuroShell Trader Power User, Ward Systems Group, TurboProp 2, and the "old lady" logo are registered or unregistered trademarks or service marks of Ward Systems Group, Inc. In certain cases, registrations therefore are pending. The Software and its documentation also contain other trademarks of Ward Systems Group, Inc. and trademarks, service marks and trade names of other companies.