TA-Lib Pro Excel - End User License Agreement
License Grant
“Software” means the product
TA-Lib Pro Excel.
"You" means the person who is
being licensed to use the Software.
"We," "us" and "our" means TicTacTec LLC.
We hereby grant you a
non-exclusive single user time-limited license to use one copy of the Software
to evaluate the Software for 30-days. After the evaluation period (trial), you
must either remove the Software or install a valid License key.
Software without an installed
valid License Key runs with a limited set of features.
If you own a valid License
key for the Software, then we allow you to use the Software after the evaluation
period, provided the Software and License Key are in use on only one computer at
any time. The Software and/or License Key are "in use" on a computer when loaded
into temporary memory (RAM).
You may make two additional
installations of the Software and/or License Key: a second installation for your
exclusive use on a portable computer and a third installation for your exclusive
use on a home computer.
License Key
The License key is valid for all upgrades or supplemental Software released
while we provide you with support services. If support services is either
cancelled or expires, the License Key remains valid only with the Software
released while active support services was provided
to you.
Title
We remain the owner of all
right, title and interest in the Software and related explanatory written
materials ("Documentation").
Archival or Backup Copies
You may copy the Software for
back up and archival purposes, provided that the original and each copy is kept
in your possession and that your installation and use of the Software does not
exceed that allowed in the "License Grant" section above.
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. You may not:
-
modify or adapt the Software for usage other than a Microsoft Excel addins,
-
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
-
share a license key with another individual or legal entity,
-
sublicense, rent, lease or lend any portion of the Software or
Documentation.
Other Restrictions
The Software is licensed as a
single product. Its component parts may not be separated.
This EULA does not grant you any rights in connection with any of our trademarks
or service marks.
Support Services
We may provide you with
support services related to the Software. Use of Support Services is governed by
our policies and programs described in our "on line" documentation and/or other
provided materials. Any upgrades or supplemental Software provided to you as
part of the Support Services shall be considered part of the Software and
subject to the terms and conditions of this EULA. With respect to technical
information you provide to us as part of the Support Services, we may use such
information for its business purposes, including for Software support and
development.
Transfers
You may transfer all your
rights to use the Software, License Key and Documentation to another person or
legal entity provided you transfer this Agreement, the Software, the License Key
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
We warrant that for a period
of 60 days after delivery of the Software will perform in substantial accordance
with the Documentation. 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.
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.
Limited Remedy
Our entire liability and your
exclusive remedy for breach of the foregoing warranty shall be, at our option,
to either:
-
return the price you paid for a License Key, or
-
repair or replace the Software that does not meet the foregoing warranty.
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 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, License
Key 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 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
1.
This written license agreement is the exclusive agreement between you and
us concerning the Software, License Key and Documentation and supersedes any
prior purchase order, communication, advertising or representation concerning
the Software.
2.
This license agreement may be modified only by a writing signed by you
and us.
3.
In the event of litigation between you and us concerning the Software,
License Key or Documentation, the prevailing party in the litigation will be
entitled to recover attorney fees and expenses from the other party.
4.
This license agreement is governed by the laws of the State of
Massachusetts.
5.
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.
Trademarks
Microsoft® and Excel® are registered trademarks of Microsoft Corporation.
All other trademarks are property of their respective owners.