For the 15 Day Trial Version of the Marketwave software product named "Hit List Professional version 2.5"
IMPORTANT-READ CAREFULLY: This Marketwave End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Marketwave L.L.C. ("MARKETWAVE") for the Marketwave software accompanying this EULA, which includes computer software and "online" or electronic documentation and may include associated media, and printed materials, ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to make and use copies of the SOFTWARE PRODUCT, you agree to be bound by the terms of the EULA. If you do not agree to the terms of this EULA, you are not authorized to use the SOFTWARE PRODUCT.
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. The EULA grants you the following right:
You may make and install copies of the SOFTWARE PRODUCT on any computer you wish provided that all copies are removed from those computers no later than 15 days after your first installation.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* 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 for use on more than one computer.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Termination. Without prejudice to any other rights, Marketwave may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT. All title and copyrights 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 Marketwave or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes for every computer on which you have installed the SOFTWARE PRODUCT. Title, ownership rights, and intellectual property rights in and to the content accessed through the SOFTWARE PRODUCT is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content.
4. US GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Marketwave L.L.C./1415 Western Avenue, Suite 488/Seattle, WA 98101.
5. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other government entity as may have jurisdiction over such export or transmission.
LIMITED WARRANTY
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NO WARRANTIES. The SOFTWARE PRODUCT is beta code and not at the level of functionality, performance, and compatibility of the final, generally available product offering. The SOFTWARE PRODUCT may be substantially modified prior to first commercial shipment. Marketwave expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
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In no event shall Marketwave or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Marketwave product, even if Marketwave has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
MISCELLANEOUS
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If you acquire this product in the United States, this EULA is governed by the laws of the State of Washington.
If this product was acquired outside of the United States, then local laws may apply.
Should you have any questions concerning this EULA, or if you desire to contact Marketwave for any reason, please write to Marketwave at 1415 Western Avenue, Suite 488/Seattle, WA 98101.
