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Carefully read the following license agreement.
by opening the package or clicking on the "accept" button,
you are consenting to be bound by and are becoming a party to this
agreement. if you do not agree to all of the terms of this agreement,
click the "do not accept" button.
License Grant
The package contains software ("Software") and related
explanatory written materials ("Documentation"). "Software"
includes any upgrades, modified versions, updates, additions and
copies of the Software. "You" means the person or company
who is being licensed to use the Software or Documentation. "We"
and "us" means FIX Flyer, LLC, 40 Worth Street, 13th Floor, New York, NY 10013, USA.
We hereby grant you a nonexclusive license to use the Software
on any computer, provided the Software is never used in production,
meaning for the purpose of creating value or wealth. The Software
can only be used for testing, quality assurance and development.
The Software is "in use" on a computer when it is loaded
into temporary memory (RAM) or installed into the permanent memory
of a computerfor example, a hard disk, CD-ROM or other storage
device.
Title
We remain the owner of all right, title and interest in the Software
and Documentation.
Archival or Backup Copies
You may either:
- make one copy of the Software solely for backup or archival
purposes,
or
- transfer the Software to a single hard disk, provided you keep
the original solely for backup or archival purposes.
Things You May Not Do
The Software and Documentation are protected by United States copyright
laws and international treaties. You must treat the Software and
Documentation like any other copyrighted material for example
a book. You may not:
- copy the Documentation,
- copy the Software except to make archival or backup copies as
provided above,
- modify or adapt the Software or merge it into another program,
- reverse engineer, disassemble, decompile or make any attempt
to discover the source code of the Software,
- place the Software onto a server so that it is accessible via
a public network such as the Internet or Private Network,
or
- sublicense, rent, lease or lend any portion of the Software
or Documentation.
Transfers
You may transfer all your rights to use the Software and Documentation
to another person or legal entity provided you transfer this Agreement,
the Software and Documentation, including all copies, updates and
prior versions to such person or entity and that you retain no copies,
including copies stored on computer.
Limited Warranty
To the extent permitted by applicable law, the
foregoing limited warranty is in lieu of all other warranties or
conditions, express or implied, and we disclaim any and all implied
warranties or conditions, including any implied warranty of title,
noninfringement, merchantability or fitness for a particular purpose,
regardless of whether we know or had reason to know of your particular
needs. No employee, agent, dealer or distributor of ours is authorized
to modify this limited warranty, nor to make any additional warranties.
Limited Remedy
In no event will we be liable to you for
any damages, including any lost profits, lost savings, or other
incidental or consequential damages arising from the use of or the
inability to use the software (even if we or an authorized dealer
or distributor has been advised of the possibility of these damages),
or for any claim by any other party.
Some states do not allow the limitation or
exclusion of liability for incidental or consequential damages,
so the above limitation may not apply to you.
Term and Termination
This license agreement takes effect upon your use of the software
and remains effective until terminated. You may terminate it at
any time by destroying all copies of the Software and Documentation
in your possession. It will also automatically terminate if you
fail to comply with any term or condition of this license agreement.
You agree on termination of this license to either return to us
or destroy all copies of the Software and Documentation in your
possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that
belong to us and it is being made available to you in strict confidence.
Any use or disclosure of the software, or
of its algorithms, protocols or interfaces, other than in strict
accordance with this license agreement, may be actionable as a violation
of our trade secret rights.
General Provisions
- This written license agreement is the exclusive agreement between
you and us concerning the Software and Documentation and supersedes
any and all prior oral or written agreements, negotiations or
other dealings between us concerning the Software.
- This license agreement may be modified only by a writing signed
by you and us.
- In the event of litigation between you and us concerning the
Software or Documentation, the prevailing party in the litigation
will be entitled to recover attorney fees and expenses from the
other party.
- This license agreement is governed by the laws of the State
of New York.
- You agree that the Software will not be shipped, transferred
or exported into any country or used in any manner prohibited
by the United States Export Administration Act or any other export
laws, restrictions or regulations.
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