Registration

End-User License Agreement

READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE ENCLOSED IN THIS PACKAGE. BY USING THIS SOFTWARE YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, ACCEPT IT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. BREACH OF ANY TERMS OF THIS AGREEMENT SUBJECT THE LICENSEE OR USER TO IMMEDIATE LIABILITY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY RETURN THE MEDIA AND ALL ITEMS INCLUDED IN THIS PACKAGE.

1. Subject to the terms of this Agreement, QUANT IX SOFTWARE, Inc. grants you a non-exclusive and non-transferable license to load and execute the software on a single personal computer, and to use the associated documentation provided with the software. You may move the software from one computer to another so long as there is NO POSSIBILITY of the software being used at more than one location at a time. You may install a second copy of the software to another computer (laptop, office, other home computer) provided the second installation is used only by the person covered by the license, and there is NO POSSIBILITY of the software being used concurrently with the first installation, and provided the second installation is never made available to another party for the purpose of operating the software. You are permitted to make one backup copy of the software. You may not use the software or documentation except as expressly set forth in this Agreement, and QUANT IX SOFTWARE, Inc. reserves all rights not expressly granted to you by this Agreement. This Agreement is not a sale of the software or documentation or any copy thereof. You acknowledge and agree that all proprietary rights in the software are and shall remain the property of QUANT IX SOFTWARE, Inc.


2. The software is intended for individual use only, as such, the license agreement permits use of this software for individual purposes only, and may not be used for commercial or professional purposes.  Commercial or professional use shall mean any use of the software for purposes of: management of investments, advisory of investments, accounting of investments, reporting of investments, or other such services if compensated for these services.


3. You shall not: remove or destroy any proprietary rights, marks or legends on or in the software or documentation; adapt, translate, modify, enhance, or create derivative works of the software or documentation; assign, distribute, sublicense, rent, lease, sell, post on the Internet, or otherwise transfer the software or documentation in print or through any electronic or other medium; or make copies of the software or documentation other than for backup purposes, as provided herein. You agree not to reverse engineer, disassemble, de-compile, or otherwise attempt to derive such source code from units of the software. You acknowledge and agree that all proprietary rights in the software are and shall remain the property of QUANT IX SOFTWARE, Inc.


4. QUANT IX SOFTWARE, Inc. is the owner or licensee of all right, title and interest, including all intellectual property rights, in and to the software and documentation, and any works derived from or based on the software or documentation. You shall implement software protection measures to prevent unauthorized use and reproduction of the software. Your obligations regarding confidentiality and intellectual property rights shall survive termination of this Agreement.


5. Technical Support: The Licensor agrees to provide technical support at no cost for a period of six (6) months from the date of installation of the software. After six (6) months, the Licensee may obtain additional technical support as provided by a separate "pay-for-support" agreement that has been entered into by Licensor and Licensee. Where the Licensor chooses to provide support, support will be provided to only one designated support contact person per license, unless otherwise specified in a pay-for-support agreement.

6. With respect to the physical diskettes and the physical documentation enclosed herein, QUANT IX SOFTWARE, Inc. warrants the same to be free of defects in materials and workmanship for a period of 30 days from the date of purchase. In the event of notification, QUANT IX SOFTWARE will replace the defective diskettes or documentation. The remedy for breach of this warranty shall be limited to the replacement and shall not encompass any other damages, including but not limited to loss of profit, special, incidental, consequential, or other similar claims.


7. QUANT IX SOFTWARE, INC. AND THE NATIONAL ASSOCIATION OF INVESTORS CORPORATION SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO DEFECTS IN THE DISKETTES, DOCUMENTATION, SOFTWARE, AND THE PROGRAM LICENSE GRANTED HEREIN. IN PARTICULAR, AND WITHOUT LIMITING OPERATION OF THE PROGRAM LICENSE WITH RESPECT TO ANY PARTICULAR APPLICATION, USE OR PURPOSE.


8. IN NO EVENT SHALL QUANT IX SOFTWARE, INC. AND/OR THE NATIONAL ASSOCIATION OF INVESTORS CORPORATION BE LIABLE TO YOU IN ASSOCIATION WITH THIS AGREEMENT AND/OR THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY FOR ANY (1) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER QUANT IX SOFTWARE, INC. AND/OR THE NATIONAL ASSOCIATION OF INVESTORS CORPORATION HAS BEEN MADE AWARE OF THEIR POSSIBILITY; (2) LOST PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION LOSSES; AND/OR (3) DIRECT DAMAGES IN AN AMOUNT IN EXCESS OF THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE.

9. The term of this Agreement shall begin on the date you first use the software and shall continue in effect until: (1) there is a material breach by either party which is not cured within thirty (30) days after receipt of written notice of such breach from the other party; or (2) you elect to discontinue its use of the software.


10. Upon termination of this Agreement for any reason, you shall: (1) immediately discontinue all use of the software and documentation; (2) return all software, documentation, and authorized copies of the software and; and (3) uninstall and/or remove any and all copies of the software, whether authorized or unauthorized, from any computer or server upon which the software has been installed by you or on your behalf. All provisions of this Agreement relating to ownership, confidentiality and limitations of liability shall survive any termination of this Agreement.

11. In order to ensure consistency in interpretation, this Agreement is entered into and performed in the State of Wisconsin, and shall be governed by the laws of the State of Wisconsin (exclusive of its choice of law rules) and the federal laws of the U.S.A. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be deemed modified so as to make it valid in a manner consistent with the intent of the parties expressed in that section. QUANT IX SOFTWARE, Inc.'s failure to enforce at any time any of the provisions of this Agreement shall not be construed to be a present or future waiver of such provisions. You shall not assign any of your rights or obligations under this Agreement without QUANT IX SOFTWARE, Inc.'s prior express written consent, which may be granted or withheld at QUANT IX SOFTWARE, Inc.'s sole discretion. Any attempted assignment without such consent shall be void. Subject to the foregoing, this Agreement is binding upon and shall inure to the benefit of each party's successors and authorized assigns. This Agreement constitutes the entire understanding of the parties with respect to the software and documentation. It replaces, supersedes and merges all prior written and oral communications, representations, promises or understandings. This Agreement may be amended or supplemented only by a writing signed on behalf of both parties. No purchase order or other administrative document will amend this Agreement, even if accepted by the receiving party without objection.

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