IMPORTANT: THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND WALITT SOLUTIONS, THE MAKER AND PROVIDER OF THE MARKET MACHINE SOFTWARE TOOL (THE “SOFTWARE”). USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. The Software is licensed on a per computer basis, not per user, site, or company. For example, if a person uses two computers, to install and use the Software on every computer, the person must purchase two licenses. “User” means the company, entity, or individual whose funds are used to pay the license fee. “Use” means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. This license is not transferable to any other system, organization, or individual.
2. OWNERSHIP. The Software is owned and copyrighted by Walitt Solutions. Your license, purchase or use confer no title or ownership in the Software and should not be construed as a sale of any right in the Software.
3. COPYRIGHT. The Software and all rights, without limitation including proprietary rights therein, are owned by Walitt Solutions and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Walitt Solutions and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part.
5. NO OTHER WARRANTIES. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE MAKER OF THE SOFTWARE DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRECISION OF DATA AND/OR RESULTS, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6.2 Standard Marketing. Walitt Solutions reserves the right to identify you to the public as a customer of Walitt Solutions and/or as a user of the Software, and use your name and credentials in an appropriate and acceptable manner for standard marketing promotions. Nothing contained in this Section 7.2 shall be construed as an obligation by you to disclose any of your proprietary or confidential information to any third party. In addition, you may opt-out from this Section 7.2 by writing an opt-out request to Walitt Solutions.
6.3 Email Communication. You agree that Walitt Solutions may communicate with you via email and any similar technology for any purpose relating to the Software or other Walitt Solution products. If you do not want to receive such communication, you can unsubscribe at any time following the instructions contained in any email received or by writing an opt-out request to Walitt Solutions.
6.4 Use of Data. Walitt Solutions and the Software will not collect or store usage statistics, and will not collect or store any of the data you upload, compile, or generate with the Software.
7. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL WALITT SOLUTIONS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF WALITT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WALITT SOLUTIONS’ LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
9. GENERAL PROVISION. This is the entire agreement between you and Walitt Solutions, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this Agreement. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms. Walitt Solutions, on its sole discretion, may modify this Agreement in writing at any time, and you agree to receive such modification to this Agreement via the email and/or mailing address you provided at registration.