Personal Stock Monitor GOLD 9.3.5


EULA - End User License Agreement



Disclaimer and Software License Agreement

DTLINK, LLC, INC. ("DTLINK") IS WILLING TO LICENSE THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "YES, ACCEPT", YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU DO NOT AGREE WITH THESE TERMS, THEN DTLINK IS UNWILLING TO LICENSE THE SOFTWARE TO YOU.

SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT

(End-User Perpetual License/Redistribution Prohibited)

1. The Software; Trademarks. The Software licensed under this Agreement consists of computer programs, data compilation(s), and documentation owned by DTLink and marketed under DTLink's trademark Personal Stock Monitorâ„¢ (the "Software").

2. Perpetual Term For Registered Version License. The term of the license granted herein for the registered version of the Software shall be perpetual unless terminated by written notice by You for convenience or terminated by either party for material breach. Immediately upon termination of this license for any reason, You shall return to DTLink all copies of the Software and documentation.

3. License Grant. If You are a registered user of the Software, You are granted non-exclusive rights to install and use the Software by a single person who uses the Software only on one or more computers or workstations. You may copy the Software for archival purposes, provided that any copy must contain the original Software's proprietary notices in unaltered form. You are granted non-exclusive rights to install and use the Software with authorized third-party websites for purposes of polling for data regarding stock price quotes and/or authorized trade execution services (both referred to as "Authorized Third Party Services").

4. Restrictions. You may not: (i) permit others to use the Software; (ii) modify or translate the Software; (iii) reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law; (iv) create derivative works based on the Software; (v) merge the Software with another product; (vi) copy the Software, except as expressly provided above; or (vii) remove or obscure any proprietary rights notices or labels on the Software.

5. Transfers. You may not transfer the Software or any rights under this Agreement without the prior written consent of DTLink, which consent shall not be unreasonably withheld. A condition to any transfer or assignment shall be that the recipient agrees to the terms of this Agreement. Any attempted transfer or assignment in violation of this provision shall be null and void.

6. Ownership. DTLink and its suppliers own the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software's design and coding methodology. The Software is protected by United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.

7. Monitoring Rights; Privacy. DTLink reserves the right to monitor your use of the Software, but DTLink does not reserve the right to collect or use any of your data processing information. DTLink also reserves the right to collect and archive any of the personal information which you entered during the registration process for this Software ("Registration Data"). DTLink will limit its use of your Registration Data to improving the Software and for purposes of providing technical support. DTLink will not share your Registration Data with others, except for affiliates, successors in a sale or merger of our business, or in the unlikely event of bankruptcy, insolvency, reorganization, or receivership, or in response to legal process; however, DTLink reserves the right to provide access to its servers and databases to third party service providers who agree to maintain confidentiality of any Registration Data to which they may have access.

8. Software Upgrades. Commencing with the date of your purchase of this license and continuing for one year, DTLink will provide your with upgrades to the Software at no additional charge. You may purchase rights for additional Software upgrades thereafter at DTLink's then-current fee.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. DTLINK PROVIDES THE SOFTWARE "AS-IS." NEITHER DTLINK NOR ANY OF ITS AUTHORIZED THIRD PARTY SERVICES, SUPPLIERS, OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DTLINK AND ITS AUTHORIZED THIRD PARTY SERVICES, SUPPLIERS, AND RESELLERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT YOUR USE OF THE SOFTWARE AND AUTHORIZED THIRD PARTY SERVICES WILL PRODUCE ANY SPECIFIC RESULT; YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR YOUR USE OF THE SOFTWARE IN CONNECTION WITH YOUR INVESTMENT DECISIONS AND SECURITIES TRADING ACTIVITIES. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. Under local law, certain limitations may not apply, and you may have additional rights which vary from state to state.

YOU ACKNOWLEDGE AND AGREE THAT DTLINK HAS NO CONTROL OVER THE PROVISION OF AUTHORIZED THIRD PARTY SERVICES OR PROVISION OF ACCESS TO THE AUTHORIZED THIRD PARTY SERVICES, DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SOFTWARE WITH THE AUTHORIZED THIRD PARTY SERVICES, AND WILL HAVE NO LIABILITY WHATSOEVER FOR ANY ACTIONS OR INACTIONS ON THE PART OF THE PROVIDERS OF AUTHORIZED THIRD PARTY SERVICES RESULTING IN YOUR INABILITY TO USE THE SOFTWARE TO ACCESS YOUR ACCOUNTS, OBTAIN DATA AND STOCK QUOTES, EXECUTE TRADES, DOWNLOAD TRANSACTIONS, OR OTHERWISE USE OR ACCESS THE AUTHORIZED THIRD PARTY SERVICES.

INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL DTLINK OR ANY OF THEAUTHORIZED THIRD PARTY SERVICES, SUPPLIERS, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF DTLINK OR ANY AFFECTED AUTHORIZED THIRD PARTY SERVICE, SUPPLIER, OR RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN NO EVENT SHALL DTLINK'S LIABILITY FOR TOTAL AGGREGATE DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID, IF ANY, FOR THE SOFTWARE LICENSE.

EXPORT PROHIBITION. The Software is intended for use in the United States only. By your acceptance of the Software as indicated above, You agree not to transmit or otherwise export the Software or underlying information or technology from the United States.

MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of Maryland, USA, excluding rules regarding conflicts of law. This license is written in English and English is its controlling language.

U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.



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Users Rating:  
  2.9/5     7
Downloads: 334
Updated At: 2024-03-19
Publisher: DTLink Software
Operating System: windows, windows-mobile
License Type: Free Trial