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CICA NT 1996 December
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license.txt
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1996-04-21
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INTRODUCTION
Neural Applications Corporation, 2600 Crosspark Road, Coralville,
Iowa 52241 ("Neural"), is launching new services ("Services") to provide
Internet users with a proprietary application program written in the Java(tm)
language which will automatically access and retrieve current pricing
information for a user with respect to a user identified stock portfolio and
to review suggested stock predictions or ratings.
This NETPROPHET(tm) software ("Software") allows the user to access
and use the Services. Neural is offering the Software under a limited license
to permit users to evaluate the Software and Services free of charge for a
limited period of time.
IF YOU, FOR PURPOSES OF THIS AGREEMENT "YOU" IS DEFINED AS AN
INDIVIDUAL AND THIS DEFINITION APPLIES TO THE USE OF YOU THROUGHOUT
THIS AGREEMENT, CHOOSE TO PROCEED TO USE THE SOFTWARE, YOU ARE AGREEING
TO THE TERMS AND CONDITIONS OF THE FOLLOWING LICENSE. CAREFULLY READ
THE FOLLOWING LICENSE BEFORE USING THE SOFTWARE. IF YOU DO NOT WISH TO
ENTER INTO THE FOLLOWING LICENSE, PRESS "DON'T AGREE" AND DELETE THE
SOFTWARE FROM YOUR SYSTEM.
LIMITED NON-EXCLUSIVE LICENSE FOR NETPROPHET(tm)
1. USING THE SOFTWARE MEANS THAT YOU ARE ACCEPTING THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
2. Neural Applications Corporation, 2600 Crosspark Road,
Coralville, Iowa 52241 ("Neural") hereby grants you are
non-exclusive and limited license to use the accompanying
version of Neural's NETPROPHET(tm) software free of charge for
an evaluation period ("Evaluation Period"), solely for the
purposes of evaluating the Software and Services accessed by
the Software. In consideration for the use of the Software,
you agree to be bound by the terms and conditions set forth
herein.
3. The license shall run for the length of the Evaluation Period.
After termination of the Evaluation Period, you will have the
choice of discontinuing use of the Software or entering into a
fee-bearing license agreement with Neural. The length of the
Evaluation Period shall be determined solely by Neural.
4. The Software is owned and copyrighted by Neural. Unauthorized
reproduction of the Software is strictly prohibited and may
constitute copyright infringement, which may subject you to
civil and/or criminal penalties.
5. You may not:
(a) permit unlicensed individuals to use the Software;
(b) modify, translate, reverse engineer, decompile, or
disassemble the Software (except to the extent
applicable laws specifically prohibit such
restriction);
(c) create derivative works based on the Software (i.e.
create a new program that incorporates all or part of
the Software);
(d) sell, lease, or otherwise transfer any copies of the
Software to third parties;
(e) sublicense to any third party the rights granted in
this License Agreement;
(f) redistribute, copy for redistribution or otherwise
publish any of the information accessed by the Software
that is related to predictions or ratings of stocks;
or
(g) destroy or otherwise remove any proprietary notices or
labels on the Software.
6. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS
IS." NEURAL MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE
OR THE INFORMATION AND SERVICES ACCESSED USING THE SOFTWARE.
NEURAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED,
WITH RESPECT TO THE SOFTWARE AND INFORMATION AND SERVICES
ACCESSED USING THE SOFTWARE, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE AND THE QUALITY OF THE INFORMATION
AND SERVICES ACCESSED BY THE SOFTWARE SHALL BE BORNE ENTIRELY
BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL NEURAL OR ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
COSTS, CLAIMS, OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (SUCH
AS DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION), OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF NEURAL HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, COSTS, LOSSES OR CLAIMS.
8. Should the Software prove defective, you shall assume the
entire cost of any service and repair.
9. Stock prediction information and historical market data are
updated daily on Neural's internet file servers. Readers
should not assume that the recommendations made will be
profitable or will equal the performance of any past
recommendations. The recommendations and the contents of the
electronic publications have been compiled from original and
published sources believed reliable by Neural but are not
guaranteed as to accuracy or completeness. Neural and
associated individuals may, at times, hold positions in the
investments recommended in the NETPROPHET(tm) publications.
10. This License Agreement shall be governed by the law of the
State of Iowa, excluding its choice of laws provisions.
11. If any provision of this License Agreement shall be
unenforceable or invalid under any applicable law or be so
held by applicable court decision, such enforceability or
invalidity shall not render this License Agreement
unenforceable or invalid as a whole, and, in such event, such
provision shall be changed and interpreted so as to best
accomplish the objectives of such unenforceable or invalid
provision within the limits of applicable laws or applicable
court decisions.
12. You agree that you shall not use the Software or the
information or Services accessed by the Software for any
unlawful purpose.
13. This License Agreement may be terminated by Neural at any time
without cause.
14. JAVA(tm) and other JAVA-based names are trademarks of Sun
Microsystems, Inc., and refer to Sun's family of JAVA-branded
technologies.
15. You agree to cease use of the Software upon any expiration or
termination of this Agreement.