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User License Agreement
Welcome! It is important that you carefully read these
terms before installing the uCshares software. These
terms when accepted by you form a licence ("Licence")
agreement between uCshares.com and you ("You,"
"Your" Or "User") for the use of
the uCshares Software, including any and all versions
or variations of the uCshares Software.
In order to use uCshares Software, you must first read
and accept the terms of this Licence, and confirm your
acceptance of the terms of this Licence by clicking
the 'I Agree' checkbox below.
If you are a minor you will become eligible to use uCshares
Software upon your parent or guardian reading and accepting
the terms of this Licence and confirming acceptance
of the terms of this Licence by clicking the 'I Agree'
box on the uCshares Software setup screen.
IF YOU DO NOT CLICK THE 'I AGREE' BOX ON THE
UCSHARES SETUP SCREEN YOU WILL NOT BE ABLE TO INSTALL
THE SOFTWARE.
1. What you can do under this Licence
1.1 Subject to all the terms of this
Licence, uCshares.com grants you a limited, non-exclusive,
personal, non-sublicensable, non-assignable licence
to install and use the uCshares Software on a single
computer. uCshares.com retains all rights to this Software,
Services, and documentation. You do not have any rights
to publish, resell, or distribute this software in any
way.
1.2 Unless explicitly stated otherwise,
any new features that augment or enhance the current
Software, including the release of new properties, shall
be subject to terms of this Licence.
2. What you can't do under this Licence
You agree not to use the Software to:
2.1 Transmit or communicate any data
that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
2.2 Harm minors in any way;
2.3 Impersonate any person or entity
or falsely state or otherwise misrepresent your affiliation
with a person or entity;
2.4 Forge headers or otherwise manipulate
identifiers in order to disguise the origin of any data
transmitted to other users;
2.5 Transmit, access or communicate
any data that you do not have a right to transmit under
any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under non-disclosure agreements);
2.6 Transmit, access or communicate
any data that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any
party;
2.7 Transmit or communicate any data
that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software
or hardware or telecommunications equipment;
2.8 Disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other
users are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage
in real time exchanges;
2.9 Interfere with or disrupt the Software;
2.10 Intentionally or unintentionally
violate any applicable local, state, national or international
law, including securities exchange and any regulations
requirements, procedures or policies in force from time
to time relating to the Software;
2.11 Monitor traffic or make search
requests in order to accumulate information about individual
users;
2.12 "Stalk" or otherwise
harass another;
2.13 Modify, delete or damage any information
contained on the personal computer of any Internet user;
or
2.14 Collect or store personal data
about other users.
3. More Do's and Don'ts
3.1 This Licence allows you to install
and use the uCshares Software on a single computer.
This Licence does not permit you to install the Software
on more than one computer at a time. You may make copies
of the Software in machine-readable form for backup
purposes only. The backup copy must include all copyright
information contained on the original.
3.2 Except as expressly permitted in
this Licence, you agree not to reverse engineer, de-compile,
disassemble, alter, duplicate, modify, rent, lease,
loan, sublicense, make copies, create derivative works
from, distribute or provide others with the Software
in whole or part, transmit or communicate the application
over a network.
3.3 You may not sell, transfer or communicate
the Software to any third party without our prior express
written consent.
4. Things you need to know when using the uCshares
Software
4.1 You are responsible for paying
all applicable taxes and other costs you may incur in
connection with your use of the Software including but
not limited to all hardware and software costs and providing
all equipment and software necessary to connect to our
web site and to use the Software via the Internet and
any royalties or other charges relating to the use of
data owned by third parties.
4.2 uCshares.com may from time to time
present programming fixes, updates and upgrades to you,
including version updates to the uCshares Software.
You may accept or reject such programming fixes, updates
and upgrades to you, including version updates at your
sole discretion.
5. Things you need to do when using the uCshares
Software
5.1 It is your responsibility to ensure
that you obtain all consents, authorisations and clearances
in any data owned or controlled by third parties that
you transmit, access or communicate to others using
the uCshares Software.
5.2 uCshares.com will not be liable
in any way:
5.2.1 for any errors or omissions in
any data, or for any loss or damage of any kind incurred
as a result of any data transmitted via the Software;
or
5.2.2 if you are exposed to data that
is offensive, indecent or objectionable.
5.2.3 for any allegations or findings
of infringement of copyright or other proprietary rights
as a result of your use of the Software.
6. Copyright Infringement
6.1 uCshares.com respects copyright
and other laws. uCshares.com requires all uCshares Software
users to comply with copyright and other laws. uCshares.com
does not by the supply of the Software authorise you
to infringe the copyright or other rights of third parties.
6.2 As a condition to use the Software,
you agree that you must not use the Software to infringe
the intellectual property or other rights of others,
in any way. The unauthorised reproduction, distribution,
modification, public display, communication to the public
or public performance of copyrighted works is an infringement
of copyright.
6.3 Users are entirely responsible
for their conduct and for ensuring that it complies
with all applicable copyright and data-protection laws.
In the event a user fails to comply with laws regarding
copyrights or other intellectual property rights and
data-protection and privacy, such a user may be exposed
to civil and criminal liability, including possible
fines and jail time.
7. Links to Third-Party Sites
7.1 The uCshares Software may provide,
or third parties may provide, links to World Wide Web
sites or other Internet resources. Any third-party sites
to which the uCshares Software may link are not under
control of uCshares.com. uCshares.com does not have
any responsibility or liability for any information,
data, communications or materials
available on such third-party sites.
8. Applicable Law
8.1 This Licence as well as all disputes
arising out of or in connection with this Licence shall
be governed by the laws of the Florida, United States,
without regard to or application of choice of law rules
or principles.
8.2 Any dispute arising out of or in
connection with this Licence, or in future agreements
resulting there from, shall be exclusively resolved
before the competent court in Florida, United States.
9. Points to consider for International Use
9.1 Recognising the global nature of
the Internet, you agree to comply with all local rules
regarding on-line conduct and acceptable data. Specifically,
you agree to comply with all applicable laws regarding
copyright and the transmission of technical data exported
from the country in which you reside.
10. Indemnification
10.1 YOU AGREE TO INDEMNIFY, HOLD HARMLESS
AND DEFEND UCSHARES.COM, AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND
EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD
PARTY CLAIMS OR DEMANDS,
ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES,
DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S
FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED
BY UCSHARES.COM, DUE TO OR ARISING OUT OF DATA YOU SUBMIT,
POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE,
YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION
TO OTHER USERS,
YOUR VIOLATION OF THE LICENSE, OR YOUR VIOLATION OF
ANY RIGHTS OF ANOTHER.
11. Disclaimers of Warranties
11.1 THE SOFTWARE IS PROVIDED "AS
IS", AND ON AN "AS AVAILABLE" BASIS AND
THERE ARE NO CLAIMS, REPRESENTATIONS AND WARRANTIES
MADE BY UCSHARES.COM, EITHER EXPRESS, IMPLIED OR STATUTORY
(TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH RESPECT
TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES
OF QUALITY, PERFORMANCE, TITLE, NON- INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE
OR TRADE USAGE.
11.2 ANY DATA DOWNLOADED THROUGH THE
USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
12. Limitation of Liability
12.1 YOU UNDERSTAND AND AGREE THAT
IN NO EVENT SHALL UCSHARES.COM BE LIABLE WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER
ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT
LIABILITY, EVEN IF UCSHARES.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, RESULTING FROM:
12.1.1 THE USE OR THE INABILITY TO
USE THE SOFTWARE;
12.1.2 THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE USE OF THE SOFTWARE;
12.1.3 UNAUTHORISED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA;
12.1.4 STATEMENTS OR CONDUCT OF ANY
THIRD PARTY USING THE SOFTWARE; OR
12.1.5 ANY OTHER MATTER RELATING TO
THE USE OF THE SOFTWARE. IN NO EVENT SHALL uCshares.COM
TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT
OF FIFTY U.S. DOLLARS ($50).
12.2 WHERE THE TRADE PRACTICES ACT
1974 (CTH) OR SIMILAR STATE AND TERRITORY LEGISLATION
IMPLIES INTO THIS LICENCE ANY CONDITION OR WARRANTY,
AND THOSE LAWS AVOID OR PROHIBIT CONDITIONS IN A CONTRACT
EXCLUDING OR MODIFYING THEM, THEN
THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE
INCLUDED IN THIS LICENCE, PROVIDED THAT TO THE FULL
EXTENT THAT UCSHARES.COM IS ABLE TO THE LIABILITY OF
UCSHARES.COM FOR A BREACH OF ANY SUCH CONDITION OR WARRANTY,
INCLUDING AND
ECONOMIC OR CONSEQUENTIAL LOSS, SHALL BE LIMITED AT
THE OPTION OF UCSHARES.COM TO ONE OR MORE OF THE FOLLOWING:
12.2.1 IF THE BREACH RELATED TO GOODS:
(A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF
EQUIVALENT GOODS;
(B) THE REPAIR OF GOODS;
(C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR
OBTAINING EQUIVALENT GOODS;
(D) THE PAYMENT OF HAVING THE GOODS REPAIRED;
OR
12.2.2 IF THE BREACH RELATES TO SERVICES:
(A) THE SUPPLY OF THE SERVICE AGAIN; OR
(B) THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED
AGAIN.
13. Termination
13.1 It is you responsibility to comply
with the terms of this Licence and to obey the laws
of your jurisdiction. Your rights under this Licence
will terminate immediately and without prior notice
if : you violate any term of this License, including
violating any applicable laws or rights of any third
party including the intellectual property rights of
any such third party. You may be subject to legal action
if you continue to use the uCshares Software in violation
of this Licence.
14. Trade marks
14.1 The uCshares Software name, the
uCshares Software logo, and other uCshares Software
related properties are trademarks of uCshares.com. All
other trademarks appearing on uCshares Software are
trademarks of their respective owners.
15. Miscellaneous
15.1 This Licence constitutes the entire
understanding of you, the uCshares Software and the
Software with respect to the subject matter hereof.
There are no understandings, agreements, conditions
or representations, oral or written, express or implied,
with reference to the subject matter hereof that are
not merged herein, expressly referenced herein, or superseded
hereby.
15.2 The failure or delay of uCshares.com
to exercise or enforce any rights or provision of the
Licence does not constitute a waiver of such right or
provision.
15.3 All provisions which must survive
in order to give effect to their meaning, shall survive
any expiration or termination of this Licence, including
without limitation all of your representations, warranties
and indemnification obligations.
15.4 Should any part of this Licence
be held invalid by any court or tribunal, such invalidity
shall not affect the validity of any remaining part,
which will remain in full force and effect as if this
License had been executed without that part having been
held to be invalid. uCshares.com does not condone activities
and actions that breach the rights of copyright owners.
As a uCshares Software user you have agreed to abide
by the End User License Agreement and it is your responsibility
to obey all laws governing copyright in each country.
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