If you downloaded the MacTicker application and the accompanying documentation (the “Software”) from Galleon Software or one of its online fulfillment centers, then by decompressing the archive for the Software, or by using the Software, you acknowledge that you have received and read this Software License Agreement (the “Agreement”) and that you agree to be bound by it. If you do not want to enter into this Agreement, you may return your enabling password together with your receipt within 30 days to the place you obtained the Software for a full refund. Until return of this package has been accepted, you are governed by this Agreement.
If you received the Software on disk, then by opening the disk package for the Software, you acknowledge that you have received and read this Agreement and that you agree to be bound by it. If you do not want to enter into this Agreement, you may return the disk and all the material that accompanied it together with your receipt within 30 days to the place you obtained the Software for a full refund. Until return of this package has been accepted, you are governed by this Agreement.
License
Galleon Software hereby grants you, the original purchaser, a paid-up, nontransferable, non-exclusive license (the “License”) to use the Software subject to this Agreement.
Single computer: You may use one copy of the Software on a single computer at a single location. You may transfer the Software from one computer to another provided that you do not use or permit the usage of the Software on more than one computer at the same time.
Copies: You may not copy or duplicate the Software, except as necessary for archival purposes, application error verification, or to replace defective storage media. You agree to retain the Software and all such copies in your possession.
Restrictions and transfer: Except as permitted by this paragraph, you may not sublicense, lease, rent, lend, or distribute the Software or any lawful copies thereof; or otherwise transfer any of your rights under this Agreement. You may transfer the Software (together with all back-up copies you have made) on a permanent basis to a third party so long as you retain no copies, and the transferee agrees to be bound by the terms of the Agreement.
Term: The License is effective until terminated. You may terminate the license at any time by destroying the Software together with all the copies you have made. The license is automatically terminated if you violate any portion of this Agreement. You agree upon any such termination to destroy the Software together with all copies you have made. Upon termination, there will be no refund of any monies paid you except in connection with the 30-day return policy set forth above. Termination of this License shall be in addition to and not in lieu of any other remedies available to Galleon Software.
License registration
If you purchased the Software from our online fulfillment center, then you were automatically registered as the original purchaser of the Software. If you received the Software on disk, then to be registered as the original purchaser of the Software, you must send the registration form that accompanied the Software to Galleon Software, or register online on our site on the World Wide Web.
Continuing support
Registered purchasers of the Software are entitled to free technical support through e-mail and Galleon Software’s site on the World Wide Web. Galleon Software retains the right to begin charging for technical support in the future, but will not do so without first notifying all registered purchasers.
Continuing fulfillment
If Galleon Software elects, at its sole discretion, to produce subsequent updates and revisions to the Software (collectively “Updates”), registered purchasers are entitled to receive such Updates as they become available. Galleon Software reserves the right to charge for Updates. Unless otherwise noted, all Updates are subject to the terms of this License.
Copyright protection
The Software is owned by Galleon Software, and its structure, organization and code are the valuable trade secrets of Galleon Software. The Software also is protected by Canadian and International copyright law.
Restrictions
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. You may not alter or modify in any way the archive for the Software, or create a new archive for the Software.
Limited warranty and disclaimer of warranty
The Software and related materials are provided “as is” without warranty of any kind, either express or implied, including warranties of merchantability or fitness for any particular purpose or any other statutory or common law warranties. No warranty is made regarding the performance of the Software or the results that may be obtained by using the software. The entire risk as to the installation, use, quality, and performance of the software is with you. It is your responsibility to verify the results obtained from use of the Software.
The data displayed by the Software is for informational purposes only, and is not intended for trading purposes. Neither Galleon Software nor any of its content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
Some jurisdictions do not allow the limitation or exclusion of implied warranties, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary. This disclaimer of warranties and the following limitation of liability shall not be modified, diminished, or affected by and no obligation or liability will arise or grow out of the rendering of technical, programming, or other advice or service or the provision of support for the Software by Galleon Software.
Limitation of remedies
In no event will Galleon Software be liable to you for any consequential, incidental, or special damages, including but not limited to any lost data, revenues, profits, or savings, even if Galleon Software has been advised of the possibility of such damages, or for any claim by any third party.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.
Governing Law and General Provisions
This Agreement will inure to the benefit of Galleon Software, its successors, and assigns and will be construed under the laws of the Province of Ontario, except for that body of laws dealing with conflict of laws. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted, and the remainder will remain in full force.
