IMPORTANT-READ CAREFULLY: This Gecko End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Gecko Software, Inc., corporation for the Gecko software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation and data (“SOFTWARE PRODUCT”). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Gecko. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, NOT SOLD!
1. GRANT OF LICENSE. This EULA grants you the following rights:
Track ‘n Trade Software. You may install and use one copy of the SOFTWARE PRODUCT on two desktop systems, and one laptop system. (Intended for one copy at work, one copy at home, and one copy for travel.) You may not allow remotely connected COMPUTERS, nor to invoke application sharing of the software. This connection includes any indirect connections made through software or hardware which pools or aggregates connections. This multi-station license agreement allows you to personally use the software while at home, work or on the road; this is not the right to lend out copies of this software to your friends and family. Even though it is allowed to install the SOFTWARE on multiple workstations, the SOFTWARE can only be executed and running on one COMPUTER at a time; no simultaneous use is allowed without the purchase of additional licenses.
Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other COMPUTERS.
License Pak. If this package is a Gecko License Pak, you may install and use additional copies of the computer software portion of the SOFTWARE PRODUCT up to the number of copies specified above as “Licensed Copies”.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Academic Edition Software. If the SOFTWARE PRODUCT is identified as “Academic Edition” or “AE,” you must be a “Qualified Educational User” to use the SOFTWARE PRODUCT. If you are not a Qualified Education User, you have no rights under this EULA. Furthermore, you are only allowed to install the SOFTWARE PRODUCT on one single COMPUTER, not the three systems as described above. To determine if you are a Qualified Educational User, please contact the Gecko Sales Information Center in the USA at 435-752-8026.
Not For Resale Software. If the SOFTWARE PRODUCT is labeled “Not For Resale” or “NFR,” then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, or install the SOFTWARE PRODUCT on more than one single COMPUTER.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated.
Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Gecko Software, Inc.
Support Services. Gecko may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the Gecko polices and programs described in the user manual, in “on line” documentation and/or other Gecko-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Gecko as part of the Support Services, Gecko may use such information for its business purposes, including for product support and development
Software Transfer. The initial user of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
Even though we have given the right to make a one-time transfer of the software application license, we do not give the right to transfer your data subscription service. Data subscription services are non-transferable.
Termination. Gecko Software, Inc. may terminate your license and this EULA at any time for any reason, what so ever. Therefore, if Gecko gives notice of termination of your license, or you fail to comply with the terms of use set forth in this agreement, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Gecko Software, Inc. as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.
4. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Gecko Software, Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Gecko Software, Inc.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Gecko solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U. S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
8. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the “Restricted Components”), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges. MISCELLANEOUS This EULA is governed by the laws of the State of Utah. If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact Gecko for any reason, please contact Gecko on the World Wide Web at: www.GeckoSoftware.com.
LIMITED WARRANTY Gecko warrants that the SOFTWARE PRODUCT will attempt to perform in accordance to our advertisements for a period of thirty (30) days from the date of receipt. If it does not perform to your expectation, the only guarantee Gecko Software gives is a refund of the purchase price paid for the application. This warranty is only good for a period of 30-days from the date of purchase. Gecko does not guarantee that any mathematical formulas are correct, or that any data is correct, or that any of the rules used to create the software to simulate real life situations are correct. These are just our best guess, and you as the licensee of the software agree not to hold Gecko liable for any mistakes, discrepancies, inaccuracies or errors that may be included with the software application, supporting materials, manuals, or supplemental products provided by Gecko Software, Inc. or its subsidiaries, groups, friends, associates, managers, employee’s, spouses, or anyone else who lives on planet earth. You play with this software totally and 100% at your own risk. This software application was written as a game, therefore you take it upon yourself totally if you decide to use it to help make any real life decisions whatever they may be.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY (30) DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service pack or hot fixes provided to you after the expiration of the thirty (30) day Limited Warranty period are not covered by any warranty or condition, express or implied.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Gecko, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE PRODUCT does not meet Gecko’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms “Exclusion of Incidental, Consequential and Certain Other Damages” below are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others that vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY Gecko and its suppliers’ entire liability and your exclusive remedy shall be, at Gecko’s option from time to time, (a) return of the price paid (if any) for, or (b) repair or replacement of, the SOFTWARE PRODUCT that does not meet this Limited Warranty and that is returned to Gecko with a copy of your receipt. You will receive the remedy elected by Gecko without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the SOFTWARE PRODUCT to Gecko). This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Gecko are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Gecko Software, Inc., Attn. Gecko Sales Information Center at the Web address specified above.
DISCLAIMER OF WARRANTIES The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the limited warranty and to the maximum extent permitted by applicable law, Gecko and its suppliers provide the SOFTWARE PRODUCT and Support Services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES To the maximum extent permitted by applicable law, in no event shall Gecko or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE PRODUCT, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Gecko or any supplier, and even if Gecko or any supplier has been advised of the possibility of such damages.
LIMITATION OF LIABILITY AND REMEDIES Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Gecko and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Gecko with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00. The foregoing limitations, exclusions and disclaimers described above shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have over or under compensated for impact, if any, of certain market factors, such as lack of liquidity. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. The risk of loss in trading futures, stocks and options can be substantial; therefore only genuine “risk” funds should be used in such trading. Futures, stocks and options may not be suitable investments for all individuals and individuals should carefully consider their financial condition in deciding whether to trade. Option traders should be aware that the exercise of a long option would result in a futures or stock position.
MISCELLANEOUS LIMITATIONS Gecko Software, Inc. guarantees customer satisfaction. Gecko provides demo versions of all our software, which allows you to “try-before-you-buy”. Once you have purchased a retail version of any Gecko product, you can return the product for a full refund within 30 days after the purchase date, no questions asked; as long as the package has not been opened. Once the package has been opened, Gecko can no longer accept the product back on return; due to possible copyright, trademark and software infringement issues.
DATA DOWNLOAD IS DEFINED AS: This is a non-guaranteed service, with no rights or privileges whatsoever, and is only an extension of the service provided by Track ‘n Trade, and Gecko Software, Inc. not a standard feature.
SUBSCRIPTION BASED DATA DOWNLOAD IS DEFINED AS: Data in which Gecko Software provides by computer transmission services to their paying customers. This service is not a guaranteed service, and may be discontinued or off line for any given period or amount of time without warranty or restitution. Data subscription services and fees are a non-refundable, non-guaranteed extension of service provided by Gecko Software Inc.
Data has been provided from sources believed to be reliable but no guarantee is made as to its accuracy, therefore use of this data in making real-life trading situations is strongly discouraged. When trading “real” markets, consult a licensed brokerage firm to confirm ALL price action; always remember, this is a game, and the data provided is for simulation and practice only. This license does not give any recipient the right to re-transmit or re-distribute this data in any format whatsoever.