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WINDALE TECHNOLOGIES LICENSE TERMS
IMPORTANT - READ CAREFULLY
This License Statement and Limited Warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Windale Technologies Pty Ltd ("Windale Technologies") for the software product (the "Software"), including any software, media, and accompanying documentation. The term "Software" does not include any software that is covered by a separate license offered or granted by a person, company or organization other than Windale Technologies. This License Agreement applies to updates and any additional components of the Software that Windale Technologies may provide.
Windale Technologies reserves the right to discontinue any remote services (supplied for example via the Internet), in conjunction with the Software This License Agreement also governs any consulting or support services supplied to you by Windale Technologies except as may be included in another agreement between you and Windale Technologies.
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you are the original purchaser of this Software and you do not agree with the terms and conditions of this License Agreement promptly delete the Software from your computer and contact Windale Technologies for a full refund.
Upon your acceptance of the terms and conditions of this License Agreement, Windale Technologies grants you the right to use the Software in the manner provided below.
The following License Terms govern your use of the accompanying Software unless you have a separate written agreement with Windale Technologies. This license applies to you, the purchaser and all users of the software that are permitted under this agreement. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case by installing such update Customer accepts the terms of the Agreement as changed.
The term "Software" refers to programs, sample applications, binary DLLs and source code as provided by Windale Technologies.
This Software is owned by Windale Technologies and is protected by national copyright laws and international copyright treaties.
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE WINDALE TECHNOLOGIES LICENSE TERMS. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU SHOULD NOT PURCHASE THE SOFTWARE. YOU SHOULD DETERMINE THE SUITABILITY OF THE SOFTWARE BY DOWNLOADING THE FULLY FUNCTIONAL TRIAL VERSIONS. PRODUCTS SOLD ARE REFUNDABLE IF YOU REQUEST A REFUND WITHIN 30 DAYS FROM THE DATE OF PURCHASE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR RETURN, INTACT, THE SOFTWARE PACKAGE CONTAINING THE MEDIA IF ONE WAS SUPPLIED, TO THE PLACE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE. IF YOUR PURCHASED THE LICENSE FROM A RESELLER YOU MUST REFER TO THEM FOR REFUND CONDITIONS.
Disclaimer and Risk Statement
Futures and options trading involve substantial risk. The valuation of futures and options may fluctuate, and as a result, clients may lose more than their original investment. In no event should the content of this help file, the results obtained from using software provided by us, or the content of the source code sample applications be construed as an express or an implied guarantee by Windale Technologies that you will profit or that losses can or will be limited in any manner whatsoever. Past results are no indication of future performance. Information provided is intended solely for informative purposes and is obtained from sources believed to be reliable. Information is in no way guaranteed. No guarantee of any kind is implied or possible where projections of future conditions are attempted. This software is for sophisticated users in terms of both trading options and in programming. Users are required to be familiar with the limitations of the algorithms used. In particular, each of the algorithms has limitations and is based on many assumptions which will cause inaccurate pricing results in various situations. All algorithms produce only an estimate with some degree of error, not the actual or true price of an option or future. Hence it is necessary that users should not rely on the results produced by the software unless they are aware of these limitations.
Unless specifically stated otherwise upon purchase, all software is licensed on a per machine or per server basis. "One license" refers to a license to use the software on a specific machine or server. In cases where the software is supplied with multiple licenses, then it may be installed on that number of machines. In cases where we choose to supply additional laptop licenses with the software, this enables the software to be installed on a second machine for non-simultaneous with the first license. In other words, if you purchase a single license and we provide you with two licenses, this means you can install the software on a second machine such as a laptop, and legitimately use it, provided a second person is not simultaneously using the software with the first license. In this case, a second license must be purchased.
For software licences sold on a per machine basis, Windale Technologies grants you a license to use one copy of the Software at a time, and per machine for each license purchased for the time permitted under this license. If the Software is to be used in any commercial or "for-profit" business setting, (for example, trading desks within financial institutions) or for creating products or services such as and including, but not limited to: applications, data service providers, web sites or web services or WAP services, to be resold, licensed, given away or included as part of your commercial business activities, then the licenses are required to be purchased with maintenance (Software Assurance) and are supplied on an annual basis only and must be renewed each year while the business continues using the Software. Such renewals will automatically entitle the business to the newest version of the Software while the licenses are paid up to date. If renewals are not paid, the Software must be uninstalled. If the Software is used in a private setting and not as part of a commercial business, then the Software can be used on an on-going basis, but Software version itself is not updated unless the current major Software update has been purchased. If the Software is to be installed on a Server to provide access to the Software that would otherwise be available by installing a machine license directly on the client machine, then a Server License (SL) must be purchased for each server and a Machine Client Access License (MCAL) must be purchased for each machine that is using the software. A server license must also be purchased for web server machines as detailed later in this agreement.
For earlier versions of the Software licensed on a per developer basis, Windale Technologies grants you a license to use one copy of the Software per developer for each license purchased. "Use" means storing, loading, installing, executing or displaying the Software in a design-time programming environment. For terms and conditions of distribution of the Software to third parties, see the "Derivative Works" section below. You may not modify the Software or disable any licensing or control features of the Software. You are not obtaining title to the Software or any copyrights. You may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile or disassemble the Software for any purpose. Permission must be obtained before mirroring or redistributing the evaluation copies of the Software. You are not permitted to develop, reverse-engineer or derive from the software if participating in the development or marketing of software that could be considered as competing with Windale Technologies Software. If you have not obtained the correct number of licenses or paid the correct license fee for the software in use, then the warranty provided by Windale Technologies that would otherwise apply to you, will not be applicable to you until such time that the correct number of licenses have been purchased and full payment has been received.
If you are using a trial version of the Software, and continue to use this software and/or a product developed using the Software for more than the indicated trial period, you must purchase the Software.
Academic versions may only be purchased by legitimate students or full-time staff of an accredited academic institution such as a school, university or college for personal or educational use within an accredited school university or college. Academic versions of the Software are not permitted to be used to create applications for distribution. You are expressly forbidden to use academic versions of the Software to create applications which are for commercial use, resale or any form of distribution.
You may use Windale Technologies controls or components to create applications which can be distributed to others. You are permitted to distribute the control or component DLL file(s) and any named and permitted redistributable files with the application you create. You are not permitted under any circumstances to create components or controls which simply encapsulates the supplied component Software methods to create a competing product with the same or reasonably similar functionality. In other words, you may not wrap the controls or components and then distribute them. You are not permitted to distribute derivative controls which are not part of an application. The controls are sold for the purpose of using within a development environment and creating applications. You may not distribute the associated license LIC file or associated license files with applications created using Windale Technologies controls or components.
ISP and Web Server Use
Unless you purchase the appropriate license and are specifically authorized by Windale Technologies, the software may not be deployed on a web server for use on more than one web site or web service per license purchased. This means, for example, that while you may purchase an appropriate version for use and deployment on a single web site per license, you are not permitted to deploy the software on a web server for use on multiple web sites or to be resold or promoted as part of a web hosting or similar ISP/web service unless specifically licensed by Windale Technologies.
Suitability, Accuracy and Performance
The client agrees to perform any and all necessary tests to ensure the suitability, performance and accuracy of the software during the trial period and then after purchase before relying on it in terms of functionality, computed results, or performance within their applications.
The Software is owned and copyrighted by Windale Technologies. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. Windale Technologies' third party suppliers may protect their rights in the event of any violation of these License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board, web site or similar system for download or send copies of the software to anyone else, with the following exceptions: .NET and ActiveX controls and components may be deployed as specifically permitted in the accompanying Help files. This means, the permitted DLL or EXE files may be deployed as part of your application as described in the Derivative Works section above. In the case of ToolBoxWiz, you are permitted to deploy the Software to a third party for the purpose of installing components. You should take reasonable steps to ensure that the third party does not freely obtain ToolBoxWiz for their own purposes. This means, ToolBoxWiz should be hidden from general viewing if possible, or once ToolBoxWiz is no longer required, you should take steps to ensure it is deleted from the third party's computer, for example, at the end of your installation setup program. The intention of this is to permit full use of the Software for your use, but it should not be given to third parties. No license is conferred to any third party for the use of ToolBoxWiz, even if the Software remains on their computer.
No Disassembly or Decryption
If the software is supplied in compiled form, you may not reverse-engineer, disassemble or decompile the Software unless Windale Technologies' prior written consent is obtained. In some jurisdictions, Windale Technologies' consent may not be required for disassembly or decompilation. Upon request, you will provide Windale Technologies with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software. You are not permitted under the terms of the license to modify the product in any way that removes the need for any included registration, licensing, activation, or the need for a license (.LIC) file, if the Software normally includes any of these provisions.
Registration and Activation
For some versions the Software, you may be asked to register and then activate the Software. This is a necessary step that has become necessary to prevent unauthorized use of our software which has not been purchased. Unfortunately this practice has become so prevalent and financially damaging to our company, that we have had to take this step.
Intellectual Property and Source Code
If the software or any part of it is supplied in source code form, including sample programs in Visual Basic, Visual C++, or other forms, you are subject to a confidentiality agreement. You may not disclose any part of the source code either directly or indirectly by permitting anyone to view the source code or access it outside your organization or by verbally describing the source code in any manner. In addition, anyone else having authorized access to the source code under the terms of this agreement is also bound under the same terms and conditions. You will take all reasonable steps to ensure that our intellectual property and source code is protected from use, viewing or access by anyone who is not permitted to use it, and/or who could make use of it in such a way as to be in competition or cause possible damage to Windale Technologies.
The Software in both compiled and source code form, and accompanying documentation are the proprietary products of Windale Technologies and are protected under national laws and international treaty provisions. Ownership of the Software and all copies, modifications, translations, and merged portions thereof shall at all times remain with Windale Technologies. The Software may be protected by patents in the U.S, Australia and other countries.
Royalties and Annual Fees (From 1 October, 2005)
In some cases royalties or annual fees may be payable for income you, your business entity, company or organization receives for products, services, license fees or cross-licensing effective income through the use of the Software. The current schedule of applicable royalty fees is provided at http://windale.com/royalties.php. The terms, fees, conditions and applicable products for which royalties may be applied to is subject to change. If you are currently paying royalties, and there is a change in the terms, fees or conditions that will affect you, then we will inform you of such changes.
Your software license is not transferable to any other individual, organization or entity, neither can the software itself be transferred from one computer to another without the express permission of Windale Technologies or as permitted under the distribution of programs compiled with the software.
Windale Technologies may terminate your license for failure to comply with any of these License Terms or for any other reason at our sole discretion. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
Copyright and Authorized Publication
The software may only be used to display or disseminate content that can be legally displayed by the purchaser. If you do not own the copyright to the content then you are not permitted to display or disseminate the material except where written authority exists confirming this permission. In all circumstances, the purchaser of the software is solely responsible for all copyright issues, including potential infringement, libel, or other matters arising from the use of the software. Windale Technologies is not liable for any conduct associated with the use of the Software, or for any content uploaded using this program. The user must assume the entire risk of using the program.
Programs Compiled With The Software
You may write and compile your own applications using the Software including so long as (a) your application is a product which operates in conjunction with the Software, (b) you do not use Windale Technologies' name, logo or trademark, or any name, logo or trademark of any product of Windale Technologies (including the Software) to market your software product, (c) you agree to indemnify, hold harmless, and defend Windale Technologies and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise out of your use or distribution of your application software product, and (d) your program is not merely a set or subset of the Software or any libraries or source code included with the Software.
High Risk Activities and Applications
The Software is not fault-tolerant and is not designed, manufactured or intended for use as on-line control or process monitoring equipment in hazardous or high risk environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support or biomedical machines, surgical or medical applications, transportation, weapons systems, automated systems for trading or other systems in which the failure of the Software could lead directly to death, personal injury, significant financial loss, danger, or severe physical or environmental damage ("High Risk Activities"). Windale Technologies and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities and Applications, including, but not limited to, those activities mentioned here.
"Force majeure" shall refer to any event beyond the reasonable control of Windale Technologies and that cannot be avoided even if the party affected has exercised reasonable care, including but not limited to acts of God, any act or omission of any third party, any circumstances beyond its control, events such as fire, flood, explosions, storms, earthquakes, tides, lightning, or other natural disaster, war or acts of terrorism, riot, strike, government actions, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications, or other utility services, hacked web sites or software, misrouted IP addresses, or other internet or communications failure or interruptions. Windale Technologies will not be liable for the malfunction of the main website or associated websites or web services where such malfunction is due to maintenance work, incidents, malfunction of the computer equipment or software or lack of sufficient resources for supporting the systems essential for the use of the service.
Windale Technologies shall not be liable for the cancellation by it of any order or any unfulfilled part thereof or for effecting partial delivery or performance if performance by Windale Technologies is prevented or delayed whether directly or indirectly by any cause whatsoever beyond the reasonable control of Windale Technologies whether such cause existed or was foreseeable at the date of acceptance of the Customer's order by Windale Technologies or not and without prejudice to the generality of the foregoing any cause shall be deemed to prevent, hinder or delay Windale Technologies is thereby prevented, hindered or delayed from fulfilling other commitments whether to the Customer or to third parties.
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
U.S. Government Restricted Rights
The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software". They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR 2.101 (a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and Documentation by the applicable FAR or DFARS clause or the Windale Technologies standard software agreement for the product.
LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND WINDALE TECHNOLOGIES DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DURING THE EVALUATION PERIOD AND SUBSEQUENT USE AFTER THE EVALUATION PERIOD, WHETHER LICENSED OR NOT, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS "WITH ALL FAULTS." YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE DURING THE EVALUATION PERIOD, AND SUBSEQUENT USE AFTER THE EVALUATION PERIOD, WHETHER LICENSED OR NOT, YOU, AND NOT WINDALE TECHNOLOGIES OR ITS SUPPLIERS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.
LIMITATION ON CONSEQUENTIAL DAMAGES. NEITHER WINDALE TECHNOLOGIES NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF WINDALE TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL WINDALE TECHNOLOGIES' LIABILITY FOR ANY DAMAGES EXCEED THE PURCHASE PRICE FOR THE LICENSE FOR THE SOFTWARE OR $US25, WHICHEVER IS THE GREATER, REGARDLESS OF THE FORM OF CLAIM. THE PERSON, ORGANIZATION OR ENTITY USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. ANY LIABILITY OF THE SELLER WILL BE LIMITED SOLELY TO PRODUCT REPLACEMENT OR PRO-RATA REFUND OF PURCHASE PRICE.
This License Agreement constitutes the entire agreement between you and Windale Technologies pertaining to its subject matter. This License Agreement is governed by the laws of the State of Queensland, Australia. Any litigation arising from this license will be pursued only in the state located in the State of Queensland, Australia or federal courts located in the Australian Capital Territory, Australia. Even if part of the agreement is held invalid, the rest of the agreement is still valid, binding and enforceable.
Should you have any questions concerning this Agreement, or if you desire to contact Windale Technologies for any reason, please write to:
P.O. Box 2032
Graceville, QLD 4075
or email us at firstname.lastname@example.org.
IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, please select the "I accept the agreement" choice when installing the software. This will be the legal equivalent of your signature on a written contract, and equally binding. You must agree to these terms and conditions in order to install or use the Software. If you do not agree with these terms and conditions, you should select the "I do not accept the agreement" choice to exit the installation process, as Windale Technologies is unwilling to license the Software to you in this case.