To use the Medved Trader software (the "Software") or this web site, you must read and agree to the usage terms and conditions below.
IMPORTANT: READ THIS AGREEMENT BEFORE USING THE SOFTWARE. YOUR USE OF THE SOFTWARE WILL INDICATE YOUR ACCEPTANCE OF ALL THE FOLLOWING TERMS AND CONDITIONS.
This User and License Agreement ("Agreement") is entered into by and between 2GK, Inc. ("Licensor"), and you, the end user ("Licensee").
PURPOSE AND SCOPE. This Agreement sets forth the terms and conditions under which Licensor grants a license to use the Software. Licensee, therefore, agrees to the terms and conditions of this Agreement and agrees to use the Software only in accordance with the terms and conditions of this Agreement. This License Agreement supplements or amends any prior license and support terms and conditions with regard to the Software. All other agreements that are not the subject matter of this Agreement remain in full force.
GRANT. Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable, personal license to use this Software. Licensees who re-distribute the Software must indicate the freeware nature of the Software and the copyright belonging to Licensor, must ensure that any recipient of the re-distributed Software agrees to be bound by the terms and conditions of this Agreement, must show or otherwise make available the URL for the Software (http://www.medvedtrader.com), may not modify the Software in any way, and may not charge for the Software in any way without express written permission from Licensor. Licensee may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, or remove any proprietary notices or labels on the Software. Title, ownership rights and intellectual property rights in and to the Software shall remain with Licensor. Licensee is solely responsible for all data electronically transmitted or use of any data, information or services obtained through use of the Software. Licensee is solely responsible for following the websites to which this Software can connect and Licensor assumes no liability for damages that may result from Licensee's use or misuse of those sites.
INFORMATION. Information provided through the Software, including through any other links within the Software ("Information") has been independently obtained by third parties, various securities markets, such as stock exchanges and their affiliates, and through other outside sources. The accuracy, completeness, timeliness or correct sequencing of the Information is not guaranteed by Licensor, the third parties or any parties transmitting the information. There may be delays, omissions or inaccuracies in the Information. The Information is not to be construed as an endorsement, recommendation, investment advice or an offer or solicitation to buy or sell securities of any kind but solely as a resource to Licensee.
REPRESENTATIONS AND WARRANTIES. LICENSOR HEREBY DISCLAIMS, AND LICENSEE HEREBY WAIVES ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SOFTWARE. THE SOFTWARE IS PROVIDED ON AN S IS, AS AVAILABLE BASIS, WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IS WITH THE LICENSEE.
CONFIDENTIAL INFORMATION. Licensee agrees not to use the Information for any unlawful purpose or for any purpose in violation of this Agreement. Licensee agrees to protect Licensor's and/or any third party's respective contractual, statutory and common law rights in the Information and Software.
MARKET INFORMATION. Licensee understands that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to the parties that disseminate the data. Licensee also understands that neither any participating national securities exchange or association nor any supplier of market data guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information or messages disseminated by any party. No disseminating party shall be liable in any way, and Licensee agrees to indemnify and hold harmless such party, including, but not limited, to Licensor, for any inaccuracy, error message or any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission; (ii) non-performance; or (iii) interruption of any such data, information or message, due either to any negligence act or omission by any disseminating party or to any force majeure (i.e., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incomplete or delayed computer transmissions, or any other cause. Licensee understands that the terms and conditions of this Agreement may be enforced directly against Licensee by Licensor or by the national securities exchanges and associations providing the market data.
TERMINATION. Licensor reserves the right to modify or change the terms and conditions of this Agreement at any time or terminate Licensee's access to the Software or any portion thereof in Licensor's sole discretion, without notice and without limitation, for any reason whatsoever. If Licensor terminates this Agreement, Licensor may refund the pro rata portion of any fee which may have been paid by Licensee in advance as of the date of termination.
INDEMNIFICATION. Licensee agrees to indemnify and hold Licensor, its affiliates, and any third party harmless from and against any and all claims, losses, liability, costs and/or expenses arising from Licensee's violation of this Agreement or any third party's rights, including but not limited to copyright, proprietary and privacy rights. This indemnification and hold harmless obligation will survive the termination of this Agreement.
LIMITATION OF LIABILITY. In no event will Licensor, its affiliates, or any third party, be liable to Licensee or anyone else for any consequential, incidental, special or indirect damages, including but not limited to lost profits, trading losses and/or damages that result from inconvenience, delay or loss of the use of the Software, even if Licensor, or any third party, have been advised of the possibility of such damages or losses. Neither Licensor, its affiliates, nor any third party shall be liable for any loss resulting from a cause over which such entity does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, severe weather, earthquakes and strikes or other labor problems. Some states do not allow limitations on how long implied warranties last, the exclusion or limitation of incidental or consequential damages, or the exclusion of certain implied warranties, so these disclaimers and limitations may not apply to Licensee. Licensee's rights may vary from state to state.
NO OFFERS OR SOLICITATIONS. Nothing in this Agreement or in the Medved Trader website constitutes an offer or a solicitation for the purchase or sale of any security to any person or entity. All purchases and sales of securities must be made, and Licensee agrees will be made, through a registered securities broker-dealer of Licensee's choosing and subject to the terms and conditions of Licensee's agreement with the broker-dealer.