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SOFTWARE LICENSE AGREEMENT

This Agreement is entered into, by and between MarketXLS and the purchaser hereinafter referred to as the ‘Licensor’ and ‘Licensee’ respectively.

UPON EXCUTION OF THIS AGREEMENT, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

1. LICENSE

Subject to the terms and conditions of this agreement, Marketxls grants Licensee a non-exclusive, non-transferable, non-assignable right and license to:

– install the Licensed software on one computer, making it a per user per machine license.

2. PRODUCTS AND SERVICES

License includes the following products and services.

  • Use of MarketXLS software
  • Use of MarketXLS.com website
  • Content and downloads through emails from MarketXLS
  • Any custom services that MarketXLS provides like custom development, equity research services etc.

The purchase price, billing rates and surcharges for availing of the services will be subject to changes and may be revised from time to time. Such revision will be posted on marketxls.com or notified to the Licensee by e-mail.

Any such changes or revisions shall neither revoke the rights assigned or granted to Licensee under this Agreement nor absolve him or her from the duties to be performed under this Agreement.

3. RESTRICTIONS ON USE

You may not (and may not allow a Third Party to):

– copy or use any Licensed Product (or Documentation) in any manner that is not expressly allowed by the license rights.

– decompile, reverse engineer, or otherwise attempt to derive the source code for any Licensed Product.

– tamper with, or attempt to circumvent or disable, any License Key (this includes, for example, resetting the CPU time in order to extend the License Term, or using a false host ID number or additional virtualized copy(ies) of the host ID number to enable unauthorized copies of a License Key)

– modify or create derivative work of any part of the Licensed software.

– except as expressly provided in this Agreement, transfer, rent, lease, lend, modify, translate, sublicense, time-share, electronically transmit or receive the or provide the Software to a third party in any form.

4. TERM AND TERMINATION

This Agreement is effective until terminated (“Term”). Licensee may terminate this Agreement by completely uninstalling and destroying all Software and copies. This license and the rights granted hereunder will automatically terminate upon licensee’s breach of any of the terms and conditions of this Agreement.

Upon termination of this Agreement for any reason, the License will terminate immediately and Licensee is required to immediately cease using the Software. Licensee agrees that Licensor will have no liability to Licensee for any restriction or termination of License or refund of monies paid for the License pursuant to such violation.

LICENSEE AGREES THAT IF THE LECENSOR TERMINATES THE LICENSE AS A RESULT OF LICENSEE’S VIOLATION OF THIS AGREEMENT, LICENSEE FORFEITS ANY RIGHT TO A REFUND OF ANY LICENSE PAYMENTS.

5. TRANSFER AND ASSIGNMENT

You may not transfer or assign your license rights to any other person in any manner (by assignment, operation of law or otherwise). If you attempt to transfer or assign any of your license rights without Licensor’s consent, the transfer or assignment will be ineffective, null, and void and you will be in material breach of this Agreement.

6. REFUND POLICY

If software does not function in the manner it was advertised to work within the support period and if support team is unable to resolve the problem(s) within 30 days from the date that the problem was first reported and acknowledged by Licensor’s support team the purchase price will be refunded. Licensee will not have access to the Software after receiving the refund.

7. GOVERNING LAW

This Agreement shall be governed, construed, and enforced in accordance with laws of the Republic of Ireland.

8. MAINTENANCE, UPGRADE AND SERVICES

The Licensor will provide the Licensee with the following support and maintenance services free of charge for a period of 12 months following the date of purchase of the software.

a. Email System

b. Ticket system

c. Calls system

d. Forum system

The Software may from time to time be updated which may modify or delete in entirety certain features, functionalities and services. Licensor does not have any obligation to provide any updates or continue to provide any particular functionality, features, services.

In case any service is discontinued or a major upgrade is to take place, the same will be posted on the website and also will be notified via email.

9. PROPERTY RIGHTS

Except for the rights expressly granted to the Licensee under this Agreement, the Licensor will retain all right, title and interest in and to the Licensed Technology, including all worldwide Technology and intellectual property and proprietary rights.

10. NO REPRESENTATIONS AND WARRANTIES

Licensor assumes no responsibility for, and makes no representations with respect to, the accuracy of the software. Therefore, all data displayed by on the software are presented “AS IS” and Licensor expressly disclaims any implied or express warranties of merchantability, fitness for a specific purpose relating to such material, code and documentation are provided “AS IS”.

11. LIMITATION OF LIABILITY

To the maximum extent possible by the applicable law, in no event shall the Licensor be liable for any special, incidental, consequential 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 or inability to use the Software or the failure to provide the support. In any case, Licensor’s entire liability under any provision of this Agreement shall be limited to the purchase amount paid at the time of purchase of the Software or a lesser amount.

12. TERMS AND CONDITIONS

Terms and conditions of this Agreement may be subject to changes from time to time and Licensor is under no obligation to intimate such changes to the licensee.

13. FORCE MAJEURE

Neither party will be liable for any failure of or delay in the performance of any of its obligations under this agreement if its failure or delay is due to the occurrence of a Force Majeure Event.

“Force Majeure Event” means any event that

i) is beyond the reasonable control of a party,

(ii) materially affects the performance of any of its obligations under this agreement, and

(iii) could not reasonably have been foreseen or provided against.

DISCLAIMER

Marketxls.com and the software are strictly for informational purposes only and do not guarantee reliability, availability, timeliness, accuracy of the information, software products, services contained on the website.  The Licensor is not acting as broker or investment adviser to the Licensee, no fees or commission is received by the licensor. There is no personal portfolio investment advice or recommendations directed at any particular subscriber or in view of the particular circumstances, any particular person viewing this Web Site or using the software.

The information provided by the software is obtained from sources believed to be reliable but is not guaranteed as to accuracy or completeness. Users of MarketXLS or any other person who deals in securities should do so with caution and assess their own risk tolerance level or consider consulting with a broker or investment adviser before doing so.

Trading securities and options involves risk. Prior to buying or selling an option, an investor should receive a copy of Characteristics and Risks of Standardized Options. Traders and Investors must meet suitability requirements.

The Licensee also agrees, for purposes of internet security awareness, the Licensor, the publishers and editors cannot be held responsible for the information and trade reports lost on the Software due to computer failures, internet viruses, computer hacking or alterations made to marketxls.com without the consent and knowledge of the Licensor, its editors, officers or directors.