CHART FU (AKA CHARTFU) (WINDOWS®-BASED STOCK CHART ANNOTATION SOFTWARE)
IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and CNTW, Inc.
(“CNTW”) or one of its affiliates for the software that accompanies this EULA,
which includes computer software and may include associated media, printed
materials, "online" or electronic documentation, and Internet-based services
("Software"). An amendment or addendum to this EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY,
ACTIVATE, OR USE THE SOFTWARE. If you disagree with any of the terms
of this EULA or if you are unwilling or unable to fully accept these conditions,
then, notwithstanding the conditions in the remainder of this EULA, do not
install or use the Software; click the "I do not accept the agreement" radio
button to exit the installer.
1. GRANT OF NON-EXCLUSIVE LICENSE. CNTW grants you the following rights provided
that you comply with all terms and conditions of this EULA:
a.)
Installation and use. You may install, use, access, display and run one copy of
the Software on a single desktop or notebook computer, such as a workstation,
notebook, laptop, terminal or other device ("Workstation Computer"). License is
also granted for use of the Software concurrently on a mobile computing device
(notebook or laptop computer) for each licensed Workstation Computer license
owned/operated by the identical individual user.
b.)
Evaluation period. This Software should be evaluated on a "try-before-you-buy"
basis. If you have not purchased a license, this EULA permits you to run the
Software for a period of thirty (30) days for evaluation purposes. Your ability
to use the Software after the end of the evaluation period is contingent on
purchase of a license and activation.
c.)
By purchasing a license, you are agreeing that the software meets your
expectations and requirements and that any determination of “fitness for use”
has been made by you and based solely on your judgment, not withstanding claims
in any public media. You also agree than no refund will be given after a license
is purchased under any circumstances.
d.)
Provision for security. You shall not publish or distribute your License Key by
any means to another party (other than as part of a license transfer to that
party). If you do, your purchased license to use the Software is automatically
revoked and terminated, you must remove the Software from your computer(s), and
you may be liable for legal damages
e.)
Mandatory Activation. The license rights granted under this EULA are limited to
the first thirty (30) days after you first install the Software (trial period)
unless you purchase a license and supply information required to activate your
licensed copy in the manner described during the setup sequence of the Software.
You can license and activate the Software through the Internet
(www.chartfu.com). You may also need to reactivate the software in the event of
reinstallation, or transfer of the software to a different Workstation Computer.
There are technological measures in this Software that are designed to prevent
unlicensed use of the Software. CNTW may use those measures to confirm you have
a legally licensed copy of the Software. If you are not using a licensed copy of
the Software, you are not allowed to install the Software or future Software
updates.
f.) Device Connections. You may not permit additional computers or
other electronic devices (each a "Device") to connect to the Workstation
Computer to utilize the software. This includes, but is not limited to, hosting
the software in a Terminal Services environment or similar environment which
permits multiple sessions to share a single installation or Virtual Machine
environment. A "Session" means any use of the Software that enables
functionality similar to that available to an end user who is interacting with
the Workstation Computer (or notebook computer) through any combination of
input, output and display peripherals. The single device/license limit includes
any indirect connections made through "multiplexing" or other software or
hardware which pools or aggregates connections. This Section (1.f) does not
grant you rights to access a Workstation Computer session from any Device.
g.)
Storage/Network Use. You may also store or install a copy of the Software on a
storage device, such as a network server, used only to install or run the
Software on your other Workstation Computers over an internal network; however,
you must acquire and dedicate an additional license for each separate
Workstation Computer on or from which the Software is installed, used, accessed,
displayed or run.
2. RESERVATION OF RIGHTS AND OWNERSHIP. CNTW and affiliates reserve all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. CNTW or its affiliates and suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software. You may not sublicense, or assign copies of the Software to others
5. PROTECTION OF INSTALL PACKAGE. Under no circumstance does CNTW grant any party permission to wrap this Software or its installation executable within another executable or installation executable, install it in conjunction with another installation executable, and/or modify, remove or add files to the installation executable as compiled and released by CNTW.
6. PROTECTION OF BASE PRODUCT: Under no circumstance does CNTW grant any party permission to use the Software as a component of another product or service.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, product support services, or Internet-based services components, of the Software that you may obtain from CNTW after the date you obtain your initial copy of the Software, unless you accept updated terms or another agreement governs. CNTW reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
8. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the Software identified by CNTW as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
10. SOFTWARE TRANSFER.
a.) Internal . You may move the Software to a different Workstation Computer (or notebook computer). After the transfer, you must completely remove the Software from the former Workstation Computer. License is also granted for a copy to be run concurrently on a mobile computing device (notebook or laptop computer) for each licensed Workstation Computer license owned/operated by the identical individual user.
b.) Transfer to Third Party . The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include the Software, proof of payment for original license, and original license key. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
11. TERMINATION. Without prejudice to any other rights, CNTW may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
12. WARRANTY: To the maximum extent permitted by applicable law, CNTW provides the Software and applicable support (if any) "AS IS AND WITH ALL FAULTS" and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the software.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL and CERTAIN OTHER DAMAGES: To the maximum extent permitted by applicable law, in no event shall CNTW or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the Software or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of CNTW or any supplier, and even if CNTW or any supplier has been advised of the possibility of such damages or loss.
14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of CNTW and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by CNTW with respect to any breach of the Limited Warranty) shall be limited to the amount actually paid by you for the Software license. The foregoing limitations, exclusions and disclaimers (including Sections 12, 13, and 14) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
16. APPLICABLE LAW. This EULA is governed by the laws of the State of North Carolina, USA. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The user hereby agrees that CNTW has the right to choose which laws govern this EULA and that this right is immutable even in the event that choice of jurisdiction is injurious to the user’s claim. In the event that multiple jurisdictions apply, the user hereby agrees that CNTW’s right to choose which laws govern this EULA supersedes any and all other jurisdictional considerations.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and CNTW relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any CNTW policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
18. NOTICE REGARDING SECURITY. To help protect against breaches of security and malicious software, periodically back up your data and system information, use security features such as firewalls, and install and use security updates. It is prudent to backup your Workstation Computer prior to the installation of any software or system configuration change.
ACKNOWLEDGEMENT BY INSTALLING THIS SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT, YOU UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.