SOFTWARE END USER LICENSE AGREEMENT POLYGON STORE, hereinafter known as the LICENSOR, makes no warranty or representation to the purchasers hereinafter known as the LICENSEE, either express or implied, with respect to the Trading Sticks software, hereinafter known as the SOFTWARE, the hardware it runs on, or emails and/or video(s) documentation, including their quality, performance, merchantability, or fitness for a particular purpose. Because software is inherently complex and may not be completely free of errors, you are advised to verify your work. In no event will the LICENSOR be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the SOFTWARE, hardware, or emails and/or video(s) documentation, even if advised of the possibility of such damages. In particular, the LICENSOR is not responsible for any costs, including, but not limited to, those incurred as a result of the use of the SOFTWARE, loss of data, the costs of recovering such SOFTWARE or data, the cost of substitute SOFTWARE, claims by third parties, or for other similar costs. In no case shall the LICENSOR’s liability exceed the amount of the purchase price for a life time usage license. The warranties and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. No LICENSOR appointed dealer, distributor, agent, or employee is authorized to make any modification or addition to this warranty. GENERAL The LICENSOR retains all rights not expressly granted. Software License Agreement 1. This is an agreement between the LICENSOR and the LICENSEE, who is being licensed to use the SOFTWARE. 2. The LICENSEE acknowledges that this is only a limited nonexclusive license. The LICENSOR is and remains the owner of all titles, rights, and interests in the SOFTWARE. 3. This LICENSOR permits the LICENSEE to install the SOFTWARE on up to three computer systems. Licensee will not make copies of the SOFTWARE or allow copies of the SOFTWARE to be made by others, unless authorized by this License Agreement. 4. This SOFTWARE is subject to a limited warranty. The LICENSOR warrants to the LICENSEE that the physical medium on which this SOFTWARE is distributed is free from defects in materials and workmanship under normal use, the SOFTWARE will perform according to video and website documentation, and to the best of the LICENSOR 's knowledge the LICENSEE’s use of this according to video and website documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 60 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of the LICENSOR is authorized to make any other warranties or to modify this limited warranty. 5. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. 6. The LICENSEE agrees to defend and indemnify the LICENSOR and hold the LICENSOR harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from the LICENSEE’s business operations. 7. This License Agreement is the entire and exclusive agreement between the LICENSOR and the LICENSEE regarding this SOFTWARE. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between the LICENSOR and the LICENSEE regarding this SOFTWARE. 8. This License Agreement is governed solely by the Laws of England. 9. This License Agreement is valid without the LICENSOR's and/or the LICENSEE’s signature. It becomes effective on acceptance through physical action. TECHNICAL SUPPORT AND UPDATES THIS AGREEMENT ENTITLES THE LICENSEE TO RECEIVE FREE UPDATES, EMAIL RESPONSE AND VIDEO BASED TRAINING AND SUPPORT MATERIALS WHICH CAN BE ACCESSED FROM THE MAIN SOFTWARE WEBSITE AND/OR LINKS FOUND THERE WITHIN. SUPPORT IS SUPPLIED “AS IS” AND ADDITIONAL SUPPORT WILL BE MADE AVAILABLE AS IT BECOMES AVAILABLE. DISCLAIMER OF WARRANTY THE SOFTWARE IS PROVIDED TO YOU "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POLYGON STORE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR DOES NOT WARRANT THAT ANY OR ALL FAILURES OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR WARRANT THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE IN COMBINATIONS YOU SELECT. SHOULD ANY SOFTWARE DEFECTS BECOME KNOWN AFTER THE 60 DAY MONEY BACK GUARANTEE PERIOD THEN SUCH DEFECTS WILL BE INVESTIGATED AND FIXED IF APPROPRIATE IN THE LICENSOR’S OPINION AND IN THE LICENSOR’S OWN TIME FRAME. THE LICENSOR MAY AWARD A REFUND TO THE LICENSEE AT THE LICENSOR’S DISCRETION, SHOULD THIS SEEM A MORE APPROPRIATE COURSE OF ACTION TO THE LICENSOR. NO LICENSOR DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS DISCLAIMER. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO THE LICENSEE OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. REFUNDS THE LICENSEE SHALL MAKE KNOWN BY EMAIL [MAILTO: ADMINTEAM@TRADINGSTICKS.COM] WITHIN THE 60 DAY PERIOD OF PURCHASE OF THE LICENSE, A REQUEST FOR AN UNCONDITIONAL REFUND. THE LICENSEE SHALL SEND PROOF OF PURCHASE WITH THE REQUEST AND ON INSPECTION THE LICENSOR WILL TAKE THE APPROPRIATE ACTION. REFUNDS WILL BE ACTIONED AND REFUNDED TO THE SAME SOURCE FROM WHENCE IT CAME. REFUNDS WILL BE PROCESSED IN STRICT ROTATION AND DEALT WITH AS EXPEDIENTLY AS POSSIBLE. WHERE THIRD PARTIES ARE INVOLVED INCLUDING MECHANT BANKING FACILITIES (BUT NOT EXCLUSIVE TO THIS) INSTRUCTIONS TO THE THIRD PARTIES WHOM MAY BE HOLDING A RETENTION ON SAID PURCHASE MONIES WILL RESPOND WITHIN THEIR OWN TIME SCALES WHICH ARE OUTSIDE THE SCOPE OF THIS AGREEMENT.
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