The App transacted in this Agreement is licensed, not sold, to You for use only under the terms of this license. The licensor ("App Provider") reserves all rights not expressly granted to You. The App that is subject to this license is referred to in this license as the Licensed App.
- Scope of License: This license granted to You for the Licensed App by App Provider is limited to a non-transferable license to use the Licensed App on any computer, tablet or mobile device that You own or control. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed App). Any attempt to do so is a violation of the rights of the App Provider and its licensors. The terms of the license will govern any upgrades provided by App Provider that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Consent to Use of Data: You agree that App Provider may collect and use data and related information, including but not limited to portfolio data, that is gathered periodically to facilitate user recommendations and analysis. App Provider may use this information, as long as it is in a form that does not personally identify You, to improve its App or to provide services or technologies to You.
- Termination: The license is effective until terminated by You or App Provider. Your rights under this license will terminate automatically without notice from the App Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed App, and destroy all copies, full or partial, of the Licensed App.
- Services: The Licensed App may display, include or make available content, data, information from third parties ("Third Party Materials"). By using the Licensed App, You acknowledge and agree that the App Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The App Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by the Licensed App is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Licensed App, You should consult with a financial professional. Neither the App Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information displayed by the Licensed App.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APP ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APP PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APP PROVIDER EXPLICITY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ACCURACY OF STOCK QUOTES AND RANKINGS.
- Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APP PROVIDER BE LIABLE FOR FINANCIAL LOSS, PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APP PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall App Provider's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Control: You may not use or otherwise export or re-export the Licensed App except as authorized by United States law and the laws of the jurisdiction in which the Licensed App was obtained. In particular, but without limitation, the Licensed App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.