This user agreement is a legal agreement between you (“Licensee”) and Thies Ventures, LLC (“Licensor”), the author of ‘MarketGod’ including all HTML, XML, Java, graphics, animation, and data files, as well as all technology, development tools, scripts, and programs, both in object and source code (the “Software”), the deliverables provided pursuant to this user agreement, which may include associated media, printed materials, and “online” or electronic documentation.
By installing, copying, or otherwise using the relevant software, the Licensee agrees to be bound by the terms and conditions set forth in this user agreement. If the Licensee does not agree to these terms and conditions, then the Licensee may not download, install, or use the software.
- Grant of License: Subject to the terms of this user agreement, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the software.
- Description of Rights and Limitations: The Licensee and any third parties may not reverse engineer, decompile, or disassemble the software, except to the extent that such activity is expressly permitted by applicable law. The Licensor shall provide updates and maintenance on the software. The software is licensed as a single product. Its components may not be separated for use on more than one computer.
- Title to software: Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this user agreement, and that use by the Licensee of the software, in accordance with the terms of this user agreement, will not infringe upon the intellectual property rights of any third parties.
- Intellectual Property: All known or hereafter known tangible and intangible rights, title, interest, copyrights, and moral rights in and to the software, including all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by the Licensor. The software is protected by all applicable copyright laws and international treaties.
- Disclaimer of Liability: Licensor expressly disclaims any and all liability stemming from misuse of the software by Licensee or any third party. The software is intended as a supplement for trading, not as the primary decision-maker or source of financial advice. Licensor is not responsible for any trading decisions arising from the improper use of its software or any other products. Licensor also has no obligation to provide support services for the software.
- Duration: This user agreement is effective for the life of the software or until the Licensee fails to comply with any of the terms and conditions set forth in this agreement, or it is terminated or suspended by the Licensor for any reason. If the user agreement is terminated, the Licensee must immediately cease any use of the software and destroy any copies.
- Jurisdiction: This user agreement shall be deemed to have been made in and construed in accordance with the laws of the state of Washington, without regard to principles of conflict of laws. Any legal action or proceeding relating to this user agreement shall be brought in the courts of the state of Washington, and each party consents to the jurisdiction thereof.
- Severability: No failure to exercise, and no delay in exercising, on the part of either party, any privilege, power, or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any right hereunder. If any provision of this user agreement should be judged to be invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this user agreement shall otherwise remain in full force and effect and enforceable.
- Warranty Disclaimer: LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAOM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
- Entire Agreement: This user agreement constitutes the entire agreement between the Licensor and the Licensee and supersedes any and all prior understandings between the two parties, including any prior representation, statement, condition, or warranty with respect to the subject matter of the user agreement.