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End User License Agreement(EULA)

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End User License Agreement (EULA)

END-USER LICENSE AGREEMENT FOR TRACK 'N TRADE by GECKO SOFTWARE

IMPORTANT-READ CAREFULLY: This Gecko Software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Gecko Software Corporation for the Gecko Software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation and data ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Gecko Software. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not continue to install or use the SOFTWARE PRODUCT. No verbal or written agreement may supersede this agreement.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

GRANT OF LICENSE. This EULA grants you the following rights: You may install as many copies of Track ‘n Trade on up to three of your personally used computers (i.e. home, work, and laptop). Track ‘n Trade requires a login and password to gain access, you are not allowed to share your login and password with anyone else whosoever; in so doing, you will be in violation of this agreement. You may not allow remotely connected COMPUTERS, nor to invoke application sharing of the software. This connection includes any indirect connections made through software or hardware which pools or aggregates connections. This license agreement allows you to personally use the software while at home, work or on the road; this is not the right to lend out copies of this software to your friends and family. Even though you are allowed to install the SOFTWARE on multiple personally used workstations, the SOFTWARE can only be executed and running on one COMPUTER at a time; no simultaneous use is allowed without the purchase of additional licenses. (Simultaneous Logging in from any other computer will automatically “kick off” any other active user logged in and using that same login and password. The person who is logged into the system has complete access to all account information, it is the user’s responsibility to keep their login and password secure, Gecko Software will not be liable for loss due to lost or stolen login information, Gecko Software recommends users use highly cryptic login and password information. If you feel your login and password information has been compromised, contact Gecko Software immediately. )

License Pak. If this package is a Gecko Software License Pak, you may install and use additional copies of the computer software portion of the SOFTWARE PRODUCT up to the number of copies specified above as "Licensed Copies".

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Academic Edition Software. If the SOFTWARE PRODUCT is identified as "Academic Edition" or "AE," you must be a "Qualified Educational User" to use the SOFTWARE PRODUCT. If you are not a Qualified Education User, you have no rights under this EULA. To determine if you are a Qualified Educational User, please contact the Gecko Software Sales Information Center in the USA at 435-752-8026 ext. 2.

Not For Resale Software. If the SOFTWARE PRODUCT is labeled "Not For Resale" or "NFR," then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, or install the SOFTWARE PRODUCT on more than one single COMPUTER.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated.

Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.

Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Gecko Software.

Support Services. Gecko Software may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Gecko Software policies and programs described in the user manual, in "on line" documentation and/or other Gecko Software provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Gecko Software as part of the Support Services, Gecko Software may use such information for its business purposes, including for product support and development.

Software Transfer. The user of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA. Both parties must contact Gecko Software to make the transfer complete.

Even though we have given the right to transfer the software application license, we do not give the right to transfer data subscription services. Data subscription services are non-transferable.

Termination. Gecko Software may terminate your license and this EULA at any time for any reason what so ever; without the obligation of reimbursement or compensation. Therefore, if you fail to comply with the terms of use set forth in this agreement, or if Gecko Software gives notice of termination of your license, you must immediately destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Gecko Software as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Gecko Software or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Gecko Software.

DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT AND/OR Educational materials in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

BACKUP COPY. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT, EDUCATIONAL LITERATURE, OR MULTIMEDIA PRODUCTS or any materials accompanying the SOFTWARE PRODUCT.

U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCTS 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 PRODUCT 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.

EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

MISCELLANEOUS. This EULA, and all matters relating hereto, including any matter or dispute arising regarding this EULA, shall be interpreted, governed, and enforced according to the laws of the State of Utah excluding the application of its conflicts of law rules, and any user of this software by accepting this EULA hereto consents to the jurisdiction of the First District Court of Utah for Cache County to resolve such disputes. Should you have any questions concerning this EULA, or if you desire to contact Gecko Software for any reason, please contact by email at: gecko@geckosoftware.com

LIMITED WARRANTY. Gecko Software provides a full 14 days to try the Track 'n Trade software, plug-ins, and data services before ever needing to make any kind of purchasing decision. This allows you the added security and benefit of having a try-before-you-buy satisfaction guarantee; therefore, no returns are available after purchase of these items.

Gecko Software does not guarantee that any mathematical formulas are correct, or that any data is correct, or that any of the rules used to create the software to simulate real life situations are correct. These are just Gecko Software's best efforts, and you as the licensee of the software agree not to hold Gecko Software liable for any mistakes, discrepancies, inaccuracies or mathematical errors that may be included with the software application, supporting materials, manuals, or supplemental products provided by Gecko Software or its subsidiaries, employees, managers, directors, associates, affiliates, or otherwise related individuals or entities. You agree to use this software totally and 100% at your own risk.

You must also agree to and recognize that the list of support technologies, provided by numerous companies, is long and the ability to bring all these capabilities together in a workable solution is magic at best, and the user recognizes that any failure of any of these technologies along the way could cause any part of or all of this program and associated features to fail, and agrees to hold Gecko Software and all associated companies harmless in all respects.

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY free trial period. AS TO ANY DEFECTS DISCOVERED AFTER THE FREE 14 DAY TRIAL PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service pack or hot fixes provided to you after the risk free Limited Warranty period are not covered by any warranty or condition, express or implied.

LIMITATION ON REMEDIES. NO CONSEQUENTIAL OR OTHER DAMAGES Your exclusive remedy for any breach of this Limited Warranty is as set forth below. YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms "Exclusion of Incidental, Consequential and Certain Other Damages" below are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

YOUR EXCLUSIVE REMEDY. Gecko Software and its suppliers' entire liability and your exclusive remedy shall be, at Gecko Software's sole discretion, repair or replacement of, the SOFTWARE PRODUCT. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication, abnormal use a virus or as an act of god as defined by the laws of the state of Utah. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period. Outside the United States, neither these remedies nor any product support services offered by Gecko Software are available without proof of purchase from an authorized source. To exercise your remedy, contact Gecko Software at: the email address specified above.

DISCLAIMER OF WARRANTIES. The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or outside reseller advertisements or claims. Except for the limited warranty and to the maximum extent permitted by applicable law, Gecko Software and its suppliers provide the SOFTWARE PRODUCT and Support Services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Gecko Software or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or 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 PRODUCT, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Gecko Software or any supplier, and even if Gecko Software or any supplier has been advised of the possibility of such damages.

Gecko Software at its discretion may, from time to time, contact you by telephone, email, paper mail, express mail, etc. By agreeing to this EULA and installing this software, you are giving digitally written consent to receive telephone calls and/or emails from Gecko Software, its affiliates, and associated vendors, and you wave your rights to any laws prohibiting Gecko Software from contacting you via telephone, email, or any other method preferred by Gecko Software.

DATA DOWNLOAD/DATA SERVICE. IS DEFINED AS: This is a non-guaranteed service, with no rights or privileges whatsoever, and is only an extension of the service provided by Track 'n Trade, and Gecko Software, Inc. not a standard feature.

SUBSCRIPTION BASED DATA DOWNLOAD. IS DEFINED AS: Data in which Gecko Software provides by computer transmission services to their subscribing customers. This service is not a guaranteed service, and may be discontinued, off line, or late for any given period or amount of time without warranty or restitution. Data subscription services and fees are a non-refundable, non-guaranteed extension of service provided by Gecko Software.

Data has been provided from sources believed to be reliable but no guarantee is made as to its accuracy, when trading "real" markets, consult a licensed brokerage firm to confirm ALL price action. This license does not give any recipient the right to re-transmit or re-distribute this data in any format whatsoever.

LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Gecko Software and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Gecko Software with respect to any breach of the Limited Warranty) shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. The foregoing limitations, exclusions and disclaimers described above shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

High Risk Investments
Trading Stocks, Futures, Foreign Exchange (Forex), or Options on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to trade any of these markets you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with trading these markets, and seek advice from an independent financial advisor if you have any doubts.

Internet Trading Risks
There are risks associated with utilizing an Internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connection. Since Gecko Software and any partners do not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the Internet. Our partners, employ back-up systems and contingency plans to minimize the possibility of system failure, and trading via telephone to the clearing firm is an additional option if such an event occurs.

Accuracy of Information
The content on any Gecko Software website or in any manual is subject to change at any time without notice, and is provided for the sole purpose of assisting traders to make independent investment decisions. Gecko Software has taken reasonable measures to ensure the accuracy of the information it provides, however, does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access such content, for any delay in or failure of the transmission or the receipt of any instruction or notifications posted or sent.

Distribution
This software is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the software or services referred to in this EULA are available to persons residing in any country where the provision of such software or services would be contrary to local law or regulation or to the laws of the United States. It is your responsibility to ascertain whether the terms comply with any local law or regulation to which they are subject.

Market Risks and Online Trading
The trading program(s) provide sophisticated order entry and tracking of orders. All stop-loss, limit and entry orders are generally deemed reliable against slippage, but slippage may still occur based on market conditions and liquidity. Trading on-line, no matter how convenient or efficient does not necessarily reduce risks associated with stocks, futures, forex, or options trading. All quotes and trades are subject to the terms and conditions of the End-User License Agreement and Client Agreement.

Testimonial Disclaimer
Unique experiences and past performances are not necessarily indicative of future results! Testimonials herein are unsolicited and are non-representative of all clients; certain accounts may have worse performance than that indicated. Trading Stocks, Futures, Forex, or Options involves substantial risk and there is always the potential for loss. Your trading results may vary. Because the risk factor is high trading any leverage markets, only genuine “risk” funds should be used in such trading. If you do not have the extra capital that you can afford to lose, you should not trade. No completely “safe” trading system has ever been devised, and no one can guarantee profits or freedom from loss. Gecko Software does not pay for testimonials, most of our testimonials are unsolicited and voluntary.

Gecko Software Market Opinions
Any opinions, news, research, analyses, prices, or other information contained on any Gecko Software website are provided as general market commentary, and do not constitute investment advice. Gecko Software is not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. Gecko Software has taken reasonable measures to ensure the accuracy of the information on any of its websites or manuals. The content is subject to change at any time without notice.

Views, Opinions, and outside links
The views and opinions represented in any link to an outside website link and/or resources are not controlled by Gecko Software or by our associated firms. Further, Gecko Software nor our associated firms are responsible for their availability, content, or delivery of services.

DISCLAIMER: THE DATA CONTAINED HEREIN IS BELIEVED TO BE RELIABLE BUT CANNOT BE GUARANTEED AS TO RELIABILITY, ACCURACY, OR COMPLETENESS; AND, AS SUCH ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE WILL NOT BE RESPONSIBLE FOR ANYTHING, WHICH MAY RESULT FROM RELIANCE ON THIS DATA OR THE OPINIONS EXPRESSED HERE IN.

DISCLOSURE OF RISK: THE RISK OF LOSS IN TRADING STOCKS, FUTURES, FOREX, AND OPTIONS CAN BE SUBSTANTIAL; THEREFORE, ONLY GENUINE RISK FUNDS SHOULD BE USED. STOCKS, FUTURES, FOREX, AND OPTIONS MAY NOT BE SUITABLE INVESTMENTS FOR ALL INDIVIDUALS, AND INDIVIDUALS SHOULD CAREFULLY CONSIDER THEIR FINANCIAL CONDITION IN DECIDING WHETHER TO TRADE. OPTION TRADERS SHOULD BE AWARE THAT THE EXERCISE OF A LONG OPTION WOULD RESULT IN A FUTURES OR FOREX POSITION.

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW.

NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO, ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.

ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM, IN SPITE OF TRADING LOSSES, ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS, IN GENERAL, OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.