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CAREFULLY
READ THE FOLLOWING TERMS AND CONDITIONS. BY OPENING THE AMCAN
TRADER© AND AMCAN DAY TRADER© DISK PACKET YOU INDICATE YOUR
ACCEPTANCE THEREOF. IF
YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD
RETURN THE COMPLETE PACKAGE AND YOUR MONEY WILL BE REFUNDED. DO NOT OPEN OR TAMPER
WITH THE SEALED PACKAGE WITHOUT FIRST READING, UNDERSTANDING AND
AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
AMCAN TRADING GROUP©, as
licensee of AmCan Financial Group©, provides this program and
sublicenses its use to you. You
are responsible for selecting the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader© to
achieve your intended purposes and for installation, use, and
application of the results obtained from the 4M_AmCan_Ind© and/or
4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
.
The program includes its code,
the enclosed CD’s, users manual, theory manual, appearance,
structure, organization and any related materials (collectively
called the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©)
and/or 4M_AmCan_ForexTrader© ; is a proprietary product of AMCAN
FINANCIAL GROUP©; and is protected by patents, copyright,
trademark, and other laws. Title
to the program, or any copy, modification or merged portion of the
program shall at all times remain with AMCAN FINANCIAL GROUP©.
1. LIMITED USE SOFTWARE
LICENSE. This
agreement is based upon the AMCAN TRADING GROUP© limited use
software license agreement between AMCAN TRADING GROUP© and AMCAN
FINANCIAL GROUP©, which governs the use and licensing of the 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© .
2. GRANT OF LICENSE. AMCAN TRADING GROUP©
hereby grants you a limited, nonexclusive sublicense to use the 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© subject to the terms and
conditions of this Agreement.
You may use the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
only on a single computer terminal or on its temporary or
permanent replacement. If
you wish to use the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
on more than one computer terminal, or wish to use it on a network
system, you must either obtain additional copies of the software
from AMCAN TRADING GROUP© or request a multi-user license from
AMCAN TRADING GROUP©. You
may not transfer or sublicense, whether temporarily or
permanently, your right to use the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
under this Agreement without the prior written consent of AMCAN
TRADING GROUP©, except as noted in paragraph five.
3. TERM. This Agreement is
effective from the day you open the sealed package containing the
4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© diskettes or electronically
download the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader© and/or
4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
programs and continues until you return the diskettes to AMCAN
TRADING GROUP©, and/or remove the programs from your hard disk
and or any other storage media, in which case you must also
certify that you have destroyed any archive copy you may have
recorded on any memory system or magnetic or optical media and
likewise any copies of written materials pertaining to the 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© .
4. AMCAN FINANCIAL GROUP©
RIGHTS. You
acknowledge and agree that the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader© ,
including all copyrights, source code, trademarks, patents and
trade secrets embodied therein, is the sole and exclusive property
of AMCAN FINANCIAL GROUP©. By
accepting this Agreement, you do not become the owner of the 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© but merely have the limited
right to use the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
Program in accordance with this Agreement. You agree to use your best
efforts and all reasonable steps to protect the 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© from use, reproduction, modification
in whole or in part, transfer, rent or distribution, except as
authorized by this Agreement.
You agree not to make any attempt to alter, modify,
de-compile, disassemble, or reverse engineer the 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© .
You may make only one copy of the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
or any of its components, and such copy may be used only for
archival purposes. You
must reproduce any copyright notices or legends on any such copy. Nothing in this agreement
constitutes a waiver of AMCAN FINANCIAL GROUP’s© rights under
the copyright laws of the U.S. or any other jurisdiction, or under
any other federal, state or foreign laws.
5. CUSTOMER REGISTRATION. AMCAN TRADING GROUP© may
from time to time revise or update the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader© . Revisions or notifications
of revisions can only be provided to you if you have signed and
returned the enclosed registration card to AMCAN TRADING GROUP©
with your serial number and user name recorded and a statement as
to whether your diskettes are the originals. AMCAN TRADING GROUP’s©
free customer service and technical support shall terminate 30
days from the date of purchase of the product. It may be extended through
a secondary paid maintenance agreement, which you may request from
AMCAN TRADING GROUP©. You
may transfer your right to use the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
to another party, but only upon written notice to AMCAN TRADING
GROUP© and only if the transferee agrees to accept the terms and
conditions of this Agreement.
If you transfer your right to use the 4M_AmCan_Ind© and/or
4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
, you must at the same time either transfer all copies of and
other materials relating to the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
to the same party or destroy those not transferred. Any such transfer
terminates your license.
6. LIMITED WARRANTY. AMCAN TRADING GROUP©
warrants for a period of 30 days from the date of purchase, that
under normal use, the material of the magnetic disks will not
prove defective in materials and workmanship. If, during such 30-day
period, the software media shall prove defective, you may return
them to AMCAN TRADING GROUP© for a replacement without charge,
provided that you are the first user of the software media and
that you have previously registered the diskettes with AMCAN
TRADING GROUP©. THIS
IS YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. AMCAN TRADING GROUP© DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© WILL BE ENTIRELY ERROR-FREE, OR
APPEAR AS PRECISELY DESCRIBED IN THE 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
DOCUMENTATION.
7. SUITABILITY. AMCAN TRADING GROUP© has
worked hard to make this a quality product; however, except as
provided above, AMCAN TRADING GROUP© makes no warranties
regarding or relating to the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader© ,
either express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular
purpose, or the suitability of the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
for a particular purpose. Accordingly,
you accept the enclosed 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
"as is," and AMCAN TRADING GROUP© assumes no
responsibility for performance of the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader© .
8. LIABILITY. AMCAN TRADING GROUP©
shall not be liable for any direct, incidental or consequential
damages, including lost profits, lost savings or other incidental
or consequential damages resulting from the use of the 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© or any other materials
provided with the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
out of any defects therein or failure thereof, even if AMCAN
TRADING GROUP© has been advised of the possibility of such
damages.
9. HARDWARE RESTRICTION. You agree not to
adapt or use the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
on any hardware platform other than that used within the 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© .
The incorporation of this technology into processing
platforms other than that stated with the enclosed 4M_AmCan_Ind©
and/or 4M_AmCan_FutureTrader© and/or 4M_AmCan_StockTrader©
and/or 4M_AmCan_ForexTrader© requires the express written
consent of AMCAN TRADING GROUP©.
10. TERMINATION OF AGREEMENT. If you breach any of the
terms and conditions of this Agreement, AMCAN TRADING GROUP© has
the right to immediately terminate this Agreement, and to demand
that you return the 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
and any related materials to AMCAN TRADING GROUP© and certify in
writing that you have not retained any copies thereof.
11.
Risk Free 30 day Trial is applicable only to the direct
purchaser. If purchaser had taken advantage of 7 day free trial,
it is assumed that user had sufficient time to evaluate the
product to his/her satisfaction and therefore the Risk Free 30 day
Trial is not applicable.
12.
Gift certificate offer is applicable only to the direct
purchaser. If the purchaser had taken advantage of extending
the 7 day free trial to full 30 day free trial, it is assumed,
that the user had decided to waive the Gift certificate monetary
value for total 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
in favor of gaining additional time to further evaluate the
product to his/her satisfaction and to make final decision which
part of total 4M_AmCan_Ind he/she wishes to obtain. Therefore the
Gift certificate discount for 4M_AmCan_Ind© and/or 4M_AmCan_FutureTrader©
and/or 4M_AmCan_StockTrader© and/or 4M_AmCan_ForexTrader©
is no longer applicable, and user will not be permitted to claim
any other special discounts or offers..
13. GOVERNING LAW. This Agreement shall be
governed by, and interpreted in accordance with, the laws of the
State of Washington. Any
terms or conditions of this Agreement found to be unenforceable or
illegal will be deleted, but will not affect the remaining terms
and conditions thereof.
14.
ENTIRE AGREEMENT. This
Agreement constitutes the entire agreement between you and AMCAN TRADING GROUP©.
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