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JCSM Shareware Collection 1996 September
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JCSM Shareware Collection (JCS Distribution) (September 1996).ISO
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broker.zip
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SBDOC2.TXT
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1993-05-30
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USER LICENSE AGREEMENT
Limited Use
Charlton Woolard (hereafter referred to as "Developer") hereby
grants you a limited, non-exclusive license to use "SmartBroker"
software program (hereafter the "Software"), as well as the
diskette ("Diskette") and the printed documentation
("Documentation") contained in the accompanying binder, in the
manner described in this Agreement. The Software and
Documentation are copyrighted and all rights are reserved to
"Developer" or the parties under whose license "Developer"
provides the Software (the "Software Originators"). You may use
the Software only on a single machine with one input terminal.
All copying of the Software and the Diskette is strictly
prohibited except for loading the Software from the Diskette into
the computer memory for the purpose of executing the program and,
where the accompanying Documentation expressly permits it, for
back-up purposes in support of your use of the Software on a
single machine. You are granted no other rights to copy,
duplicate, modify, adapt or lend, sell, or otherwise transfer the
Software, Diskette or Documentation. Further, the license of the
Software is personal to you and may not be sublicensed or
otherwise transferred to any third party. You are granted no
right to use the source code of the Software in any manner.
Database Information The Software enables you to access
information from various databases ("Database Information"). The
Database Information is owned by certain other companies and
entities, including but not limited to various securities
markets, such as stock exchanges, and their affiliate
(collectively, "Information Suppliers"), and is protected by
copyright. The Database Information is provided solely for your
personal use, and may not be copied (except in connection with
your personal, non-commercial use of the Software),
retransmitted, sold or distributed in any way by you. The
Database Information is transmitted to you by certain entities
hereafter referred to as the "Information Transmitters." Limited
Warranty, Limitation of Liability "Developer" warrants to you
that the Diskette (i.e., the magnetic media on which the Software
is recorded) and the Documentation will be free from defects in
materials and workmanship for a period of ninety (90) days from
the date of delivery to you, as evidenced by a copy of your
receipt (the "Delivery Date"). "Developer" also warrants to you
that the Software will perform substantially in accordance with
the Documentation for a period of three (2) years from the
Delivery Date, when used as directed.
THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR USE) REGARDING THE SOFTWARE. DISKETTE OR
DOCUMENTATION, EXCEPT ANY IMPLIED WARRANTIES WHICH CANNOT BE
DISCLAIMED UNDER APPLICABLE LAW ANY SUCH IMPLIED WARRANTIES
COVERING THE DISKETTE ARE LIMITED IN DURATION TO NINETY (90) DAYS
FROM THE DELIVERY DATE. ANY SUCH IMPLIED WARRANTIES COVERING THE
SOFTWARE OR DOCUMENTATION ARE LIMITED IN DURATION TO TWO (2)
YEARS FROM THE DELIVERY DATE.
"Developer" does not warrant that the Software will meet your
requirements or that the operation of the Software will be
uninterrupted or error free. The foregoing warranties do not
apply if you mishandle, alter or improperly use or store the
Software, Diskette, and/or Documentation. Although changes or
improvements to the Software, Diskette, and/or Documentation may
be made, "Developer" will be under no obligation to provide the
to you. "Developer" is not responsible for problems caused by
change in the operating characteristics of computer hardware or
computer operating systems which are made after the release of
the Software. No action for any breach of the above warranties
may be commenced more than one (1) year following the expiration
date of the applicable warranty.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY IS THAT
"Developer", AT ITS OPTION, EITHER WILL REFUND YOUR REPAYMENT FOR
THE SOFTWARE UPON YOUR RETURN OF THE DOCUMENTATION DISKETTE, AND
COPIES (IF ANY), OR WILL TAKE ONE OF THE FOLLOWING ACTIONS:
If the Diskette is not as warranted, "Developer" will replace it
on an exchange basis without charge. If the Documentation is not
as warranted, "Developer" will replace any defective pages or
supply addenda on an exchange basis without charge. If the
Software does not perform as warranted, "Developer" will replace
it with a new copy of the Software on an exchange basis without
charge. In addition to the foregoing warranties, if for any
reason you are not satisfied with the Software, you may return
the Documentation, Diskette and all copies (if any) made
therefrom to "Developer" within thirty (30) days of the Delivery
Date and "Developer" will refund your payment. Such a return will
terminate all your rights to use the Software.
THE DATABASE INFORMATION ACCESSIBLE WITH THE SOFTWARE IS PROVIDED
"AS IS." THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE
DATABASE INFORMATION. THERE IS NO WARRANTY OR MERCHANTABILITY, NO
WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE DATABASE
INFORMATION. ACCORDINGLY, THE ENTIRE RISK AS TO THE ACCURACY,
TIMELINESS, COMPLETENESS AND CORRECT SEQUENCING OF THE DATABASE
INFORMATION IS ASSUMED BY YOU. SHOULD ANY SUCH INFORMATION PROVE
DEFECTIVE, YOU (AND NOT "Developer", THE INFORMATION SUPPLIERS,
THE INFORMATION TRANSMITTERS OR ANY OTHER THIRD PARTY) ASSUME THE
ENTIRE RESPONSIBILITY FOR ITS USE AND ITS CORRECTION. IN NO EVENT
WILL "Developer", THE SOFTWARE ORIGINATORS, THE INFORMATION
SUPPLIERS, OR THE INFORMATION TRANSMITTERS BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY TRADING LOSSES, LOST PROFITS, LOST DATA, OR
OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES,
EVEN IF SUCH DAMAGES OR LOSSES RESULT FROM A BREACH OF ANY
WARRANTY OR IF "Developer" HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES RESULTING FROM A BREACH OF ANY WARRANTY
YOU AGREE THAT YOU WILL HAVE SOLE AND COMPLETE RESPONSIBILITY FOR
ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE UPON THE
SOFTWARE, DOCUMENTATION AND/OR DATABASE INFORMATION. YOU AGREE
THAT THE LIABILITY OF "Developer", THE SOFTWARE ORIGINATORS, THE
INFORMATION SUPPLIERS AND THE INFORMATION TRANSMITTERS, ARISING
OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR
OTHERWISE) IN ANY WAY CONNECTED WITH SMARTBROKER, WILL NOT EXCEED
THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE.
Some states do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may
not apply to you. This warranty gives you specific legal rights,
and you may also have other rights which vary from state to
state. No Advice By accepting this Agreement you acknowledge
that the Software is intended only to be a computation aid and
that neither it nor the Database Information accessible through
its use is intended to supply investment, tax or legal advice.
You acknowledge and agree that if you need such advice you should
consult with professional advisors, and that you will not use or
rely on the Software or Database Information to supply or
substitute for such advice. You acknowledge that changes in the
tax laws or other laws may render the Software obsolete as a
computational aid. Trade Secrets You acknowledge that the
Software contains trade secrets of "Developer" and/or the
Software Originators. You agree to take all steps necessary to
protect the Software. Documentation and Diskette, as well as any
copies thereof, from disclosure, and specifically agree not to
decompile, disassemble or reverse engineer all or any part of the
source code of the Software from the object code or other
information provided to you under this Agreement. Termination If
you violate any item of use set forth above, this Agreement and
the license provided hereunder will be terminated, and you agree
to return the Documentation, Diskette and all copies (if any)
made therefrom to "Developer" at the address below. Your
obligations under the Agreement will remain in effect until you
have returned all those materials. You may voluntarily terminate
the license by similarly returning the documentation, Diskette
and all copies to "Developer". If the license is terminated
automatically, or voluntarily more than thirty (30) days after
the Delivery Date, you will not be entitled to any refund or
return of sent materials from "Developer". General You
acknowledge that you have read this Agreement, understand it, and
agree to be bound by its terms. The agreement between you and
"Developer" regarding the Software, Diskette and Documentation
consists solely of this User License Agreement. The agreement
does not include any other prior or contemporaneous promises,
representations or descriptions regarding the Software, Diskette,
Documentation, and/or Database Information, even if they are
contained in materials provided by "Developer".