End User License Agreement, Terms and Conditions

Stock Market Oracle Satori Publishing Stock Market Oracle Copyright 2006 by Satori Publishing. All rights are reserved. This "End User License Agreement, Terms and Conditions" ("License") supercedes all prior End User License Agreements.

Part I: Your Agreement to this License

You ("User") should carefully and completely read this License before downloading, installing, using, distributing or purchasing this software. Unless you have a different license agreement signed by Satori Publishing ("SP") your use, distribution, or installation of Stock Market Oracle ("SMO") indicates your acceptance of the License. If agreement to this License is in violation of local, regional or national laws, you are prohibited from downloading, installing, using or purchasing SMO. Your purchase of SMO signifies your agreement to this License.

Part II: Evaluation Version Specifics

The terms and conditions of Part I, Part II and Part IV of this License describe the permitted use and user(s) of each Evaluation Copy of SMO.

Scope of License

This is not free software. Subject to the terms below, you are hereby licensed by Satori Publishing ("SP") to use one copy of SMO, on one (1) computer or workstation, for evaluation purposes without charge for a period of 12 uses. If you use this software after the 12-use evaluation period a registration fee is required. For current pricing, see the SMO web site at http://www.satoripublishing.com/SMO/ or write Satori Publishing, P.O. Box 8566, Michigan City, IN 46361-8566, USA. Payments via check must be in US dollars drawn on a US bank. Payments via money order must be made using a USPS money order or an international money order, and must be in US dollars. Checks and money orders should be sent to Satori Publishing, P.O. Box 8566, Michigan City, IN 46361-8566, USA.

See the SMO web site at http://www.satoripublishing.com/SMO/ for information about secure online ordering. Online ordering is processed through PayPal, and can be transacted in other currencies besides US dollars.

Unregistered use of SMO after the 12-use evaluation period is in violation of U.S. and international copyright laws.

You may, without making any payment to SP:
  1. give exact copies of this evaluation version of SMO personally to anyone, except for the purpose of extending their 12-use evaluation period;
  2. distribute exact copies of this evaluation version of SMO, if done exclusively through electronic channels; and
  3. make as many exact copies of this evaluation version of SMO as you wish, for purposes of distribution as described in (1) and (2) above.
You are not prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise. However, SP reserves the right to revoke the above distribution rights at any time, for any or no reason.

Part III: Licensed (Registered) Version Specifics

The terms and conditions of Part I, Part III and Part III of this License describe the permitted use and user(s) of each Licensed (Registered) Copy of SMO.

For purposes of this License, if you have a valid single-copy license, you have the right to use a single "Licensed Copy" of SMO; if you or your organization has a valid multi-user license, then you or your organization have/has the right to use up to a number of "Licensed Copies" of SMO equal to the number of copies indicated in the documents issued by SP when granting the license.

Scope of License

Each Licensed Copy of SMO may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. This is not a concurrent use license.

Each Licensed Copy may be accessed through a network, provided that you have purchased rights to use a Licensed Copy for each workstation that will access SMO through the network. For instance, if eight different workstations will access SMO on the network, you must purchase rights to use eight Licensed Copies of SMO, regardless of whether the eight workstations will access SMO at different times or concurrently.

Part IV: General Terms and Conditions

The terms and conditions of Part IV of this License describe the permitted use and user(s) of each Evaluation and/or Licensed (Registered) Copy of SMO.

All rights of any kind in SMO which are not expressly granted in this License are entirely and exclusively reserved to and by SP. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, SMO, nor permit anyone else to do so. You may not make access to SMO available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

Warranty Disclaimers and Liability Limitations

SMO, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM, INCLUDING SMO, MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE PROGRAM. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. USER WILL FOREVER WAIVE ALL RIGHTS AND PRIVILEGES IN ASKING FOR, DEMANDING OR EXPECTING A REFUND, FOR ANY REASON, WHATSOEVER.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SMO IS PROHIBITED FROM BEING INSTALLED, PURCHASED, USED OR DISTRIBUTED IN THOSE STATES OR JURISDICTIONS.

The absolute maximum liability of SP will be limited exclusively to refund of one United States cent. In addition, in no event shall SP, or its principals, owners, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of SMO, or to your relationship with SP.

In addition, in no event does SP authorize you or anyone else to use SMO in applications or systems where SMO's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use is entirely at your own risk, and you agree to hold SP harmless from any and all claims or losses relating to such unauthorized use.

General

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the State of Indiana, without regard to Indiana choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Indiana, county of La Porte, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by SP herein. Any waiver by SP of any violation of this License by you shall not constitute, nor contribute to, a waiver by SP of any other or future violation of the same provision, or any other provision, of this License. This software is not to be used where SMO or any term of this License is void or prohibited.
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