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CSI® License Agreement and Terms and Conditions
For Unfair Advantage® Use
02/2005
Click here for a .doc version.
PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE INSTALLING UNFAIR ADVANTAGE. BY INSTALLING THE
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE OR DATA. PROMPTLY
RETURN THE PACKAGE FOR A FULL REFUND.
(1) The Unfair Advantage (UA)
software, data and reference manual are copyrighted by Commodity Systems, Inc.
("CSI") and are protected by the Copy-right Laws of the United States and
copyright provisions of various international treaties. Exchange sources may
also claim copyright protection for their respective data contributions. The
effect of copyright laws and treaties is that you may not, without written
permission from CSI and/or the source copyright holder, copy or distribute the
printed reference manual, the software or the data. You may not modify,
adapt, translate, transfer, transmit, reproduce, publish, publicly display,
publicly perform, license, rent, lease, sell, share, resell, loan, give away,
distribute, network, create derivative works from, or reverse engineer the
software or data or any part thereof. CSI grants to you (the registered
licensee of the program and data) the right to make one (1) copy of the
software and data for the sole purpose of backing up the system for use in case
of loss or damage. Failure of a licensee to protect CSI’s copyright interests
will result in the revocation of this license. Users are legally responsible for
all secondary copies and copies of copies of the database and software.
(2) All CSI data held locally on
your computer and transmitted daily is believed to be accurate, but CSI and its
suppliers do not warrant or guarantee such accuracy. You should consult a
broker or authorized financial advisor or representative to verify market
prices before making trades or other financial decisions. Any and all data
errors reported to or detected by CSI personnel will be researched by CSI and
corrections transmitted to customers on a daily download basis. Such
corrections are made without notice and will affect data in the resident
database held on customer computers
(3) Some of the data supplied
through UA is provided with the understanding that these statistics have
entered the public domain. Should any exchange refuse to honor the existence of
public domain rights and require reasonable and affordable redistribution fees,
CSI will cover its obligations to the exchange. CSI
will not cover fees for third party re-vending, reuse or redistribution of the
data. In the event that excessive redistribution fees are imposed upon CSI, CSI
may a) Prorate the added costs to existing users, b) Limit access to data
released by a fee-imposing exchange, or c) Reduce coverage. CSI will promptly
notify the licensee if CSI learns of a reasonable possibility that the licensee
will lose access to any portion of the CSI data.
(4) The UA software and the accompanying financial database(s) are temporarily licensed, not
sold, to you for use only under the terms of this License. CSI reserves the
right to remotely or by mail modify software, tables, market facts, adjustments
and user settings and to change the transmission format and information
structure as deemed appropriate by CSI. CSI also reserves any rights not
expressly granted to you. You own the
disk(s) and/or CD-ROM on which any software or data is recorded, but CSI
retains ownership of all copies of the software and financial data.
CONDITIONS OF LICENSED USE
(1) For security and downloading
efficiency purposes, customers should download current data with UA at least
once per month. If you fail to make timely service payments, or if you cannot
for any reason capture updates to the CSI database for a two-month period,
you may be denied access to the database and your license to use the software
and data will be revoked. If your last daily update is no further distant than
two months, you may cure your disabled software by downloading current data. To
resume using the licensed data after a two-month lapse, you will need to
reinstall the software using a new CD-ROM provided by CSI. A fee for costs may
apply. All data and software licensed to you
are provided for your personal and private use. CSI adopts reasonable means to
monitor network and data usage. Historical futures data accessing requests are
monitored for license compliance. Data transferred to supported formats,
spreadsheets, etc. are encoded to reveal the identity of source CSI accounts.
CSI reserves the right to charge higher fees and to modify this agreement for
excess data usage and for data considered to be in commercial use, as defined
in subparagraph (b).
(a) Personal and Private Use - This is defined as
viewing or processing up to 49 North American futures & options markets, 69
world futures & options markets, 39 single-stock futures markets and/or
7,500 stocks, indices and funds daily by an individual subscriber, with access
to a pre-set quantity of historical data, as determined by the subscription
category selected from CSI's current price list at the inception of continuous
service. However, these limits can be increased by paying higher monthly fees
and/or extra history charges according to CSI's current Subscription Rates. A
futures or options market is defined as a specific commodity or other similar
tradable offered by an individual exchange, such as LME tin or CBT gold.
(b) Commercial Accounts - Business use involving more
than three individuals, FTP transmissions, redistribution, publication or
website presentation is not allowed under this agreement. Such use would be
considered "Commercial" and would require a customized license
agreement.
WARRANTY AND REFUND POLICY
CSI warrants
the UA CD and manuals to be free of defects in materials and workmanship for 90
days from the date of purchase. CSI will replace any defective CD-ROM during
the warranty period. Replacement is the full and exclusive remedy for any such
defects, and CSI shall have no liability for any other damage. In consideration
of the massive historical reserves received through UA, the licensing fee is
non-refundable. A one-time temporary suspension of service is permitted per
annual subscription, which may extend the subscription term by up to six
months. In the event of a refund request before the full one-year subscription
term expires, monthly user fees are short rated at double the monthly fee per
full or partial month from inception of the current subscription term. UA Free
Trial users may subscribe at current rates without penalty.
DISCLAIMER
In connection with the use of the licensed
software and data, CSI does not advise customers on how to trade any market,
nor does CSI assume responsibility for customer use of the data provided with
any product. CSI makes no warranties, either expressed or implied, by operation
of law or otherwise, with respect to the quality, performance, merchantability
or fitness for any particular purpose of any CSI or non-CSI product that may
process data captured from the CSI database. In addition, CSI, its licensors, affiliates,
employees, and agents shall not be liable for any incidental, consequential, or
punitive damages or other damages, losses, or claims in any way connected with
or arising out of the use of any service or product provided, even if CSI has
been advised of the possibility of such damages.
GOVERNING LAW AND RIGHT TO MODIFY.
CSI may at any time change this
Agreement by revising the Conditions of Licensed Use, and users are responsible
for regularly reviewing the conditions of use. This License Agreement shall be
construed, interpreted, and governed by the laws of the State of Florida and
the venue of any legal action against CSI shall be Palm Beach County in the
State of Florida.
®Unfair Advantage and CSI are
registered trademarks of Commodity Systems, Inc.
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