Software License Agreement
Created and produced by waypoint Zero, Inc., a digital media company,
expressly and exclusively for Market Digest Online, Inc. (c) Copyright 1998 Market Digest Online, Inc. All rights reserved.
PLEASE READ THE USE OF THIS SOFTWARE LICENSE AGREEMENT IN
This Software Agreement (the "Agreement") is a
legal agreement between you, the user, and Market Digest Online, Inc. By
installing the Quote Generator program, by loading or running the program, or by
placing or copying the program onto your computer hard drive, you are agreeing
to be bound by the terms of this Agreement. If you do not agree to the terms of
this Agreement then please do not install and destroy or delete all copies of
Grant of License.
Market Digest Online, Inc. grants to you the right to
use the Quote Generator software program (the "Software"). For
purposes of this section, use means loading the Software into RAM, as well
as installation on a hard disk or other storage device. You shall not:
modify, translate, disassemble, decompile, reverse engineer, or create
derivative works based on the Software. You shall not: rent, lease, sell,
distribute for money or other consideration, the Software.
Commercial Use is Prohibited.
Under no circumstances shall you, the end user, be
permitted, allowed, or authorized to commercially exploit the
The Software is owned by Market Digest Online, Inc., and
is protected by international copyright laws and international treaty
provisions. Your license confers no title or ownership in the Software and is
not a transfer of rights in the Software. You must treat the Software like any
other copyright material, except that you may make copies of the Software to
give to other persons only in its compressed format. You may not charge or
receive any consideration from any other person for the receipt or use of the
Software. You agree to ensure that any user of the Software licensed hereunder
complies with this Agreement.
THE SOFTWARE IS PROVIDED AS IS.
MARKET DIGEST ONLINE, INC. DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
MARKET DIGEST ONLINE, INC. DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR MEET ANY
THE AGENTS, EMPLOYEES, AND/OR DISTRIBUTORS OF MARKET
DIGEST, INC. ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ANY
ADDITIONAL WARRANTIES ON BEHALF OF MARKET DIGEST ONLINE, INC.
ADDITIONAL STATEMENTS OR PRESENTATIONS, WHETHER ORAL OR
WRITTEN, DO NOT CONSTITUTE WARRANTIES BY MARKET DIGEST ONLINE, INC. AND SHOULD
NOT BE RELIED UPON.
IN NO EVENT SHALL MARKET DIGEST ONLINE, INC. OR ITS
AGENTS, EMPLOYEES, AND/OR DISTRIBUTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFIT,
LOST DATA, OR DOWNTIME COSTS), OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT
OR OTHERWISE EVEN IF MARKET DIGEST ONLINE, INC. OR ITS AGENT HAS BEEN ADVISED OF
THE POSSIBILITIES OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
By loading or using the Software you accept sole
responsibility for all consequences arising therefrom and confirm that no claim
whatsoever will be made against Market Digest Online, Inc. or its distributors,
agents or associates.
The aforementioned limitation of liability shall not
apply in the case of intentional acts or omissions of Market Digest Online, Inc.
or in the case that liability is mandatory, e.g. with regard to the European
Product Liability Directive and its local laws.
You may not export or re-export the Software or any
copy or adaptation in violation of any applicable laws or regulations.
Without limiting the generality of the foregoing, you may not download or
otherwise export or re-export the Software (1) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
country to which the U.S. has embargoed goods, or (2) to anyone on the U.S.
Treasury Department's List of Specially Designated Nationals or the
U.S. Commerce Department's Table or Denial Order.
This Software is subject to removal without notice.
Neither this Agreement nor any part or portion hereof
shall be assigned or sub licensed, except as described herein.
Should any provision of this Agreement be held to be
void, invalid, unenforceable or illegal by a court, the validity and
enforceability of the other provisions shall not be affected thereby.
If any provision is determined to be unenforceable, you
agree to a modification of such provision to provide for enforcement of the
provision's intent, to the extent permitted by applicable law.
Failure of a party to enforce any provision of this
Agreement shall not constitute or be construed as a waiver of such provision or
of the right to enforce such provision.
If you fail to compy with any terms of this Agreement,
YOUR LICENSE IS AUTOMATICALLY TERMINATED.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU
UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY PROCEEDING WITH THE
INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY
THIS AGREEMENT'S TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE
AGREEMENTS BETWEEN MARKET DIGEST ONLINE, INC. AND YOU, THIS AGREEMENT IS A
COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE
THIS AGREEMENT SUPERCEDES ALL PRIOR ORAL AGREEMENTS,
PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN MARKET DIGEST
ONLINE, INC. AND YOU RELATING TO THE SUBJECT MATTER OF THIS