IMPORTANT: READ THIS AGREEMENT BEFORE USING THE SOFTWARE APPLICATION. YOUR USE OF THE SOFTWARE APPLICATION WILL INDICATE YOUR ACCEPTANCE OF ALL THE FOLLOWING TERMS AND CONDITIONS. This End User License Agreement ("Agreement") is entered into by and between Practice Trades, LLC ("Licensor") and you, the end user ("Licensee").
Scope of License
This license granted to You for the software application ("Application") by Licensor is limited to a non-transferable license to use the Application on any iPhone, iPad, Android, or other mobile device that You own or control and as permitted by the usage rules set forth in the terms and conditions of the Apple App Store, Google Play or other applicable mobile app store (the "Usage Rules"). This license does not allow You to use the Application on any device that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, 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 Application). Any attempt to do so is a violation of the rights of the Licensor. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You agree to indemnify Practice Trades, LLC and its affiliates for all damages, liabilities, claims, and expenses, including attorney fees relating to your breach of the restrictions in this Agreement.
Representations and Warranties
LICENSOR HEREBY DISCLAIMS, AND LICENSEE HEREBY WAIVES ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE APPLICATION. THE APPLICATION IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IS WITH THE LICENSEE. PORTIONS OF THE APPLICATION ARE SUBJECT TO ADDITIONAL LIMITATIONS AND DISCLAIMERS AS SET FORTH BELOW.
Content, Information and Data
All of the content, information and data in this Application is for entertainment and educational purposes only. All of the content, information and data in this Application is provided on an as is basis, is not guaranteed to be available and may be discontinued at any time. None of the content, information and data in this Application is guaranteed to be accurate, complete, useful, timely or solely reliable for use in making actual investment decisions. The Information is not to be construed as an endorsement, recommendation, investment advice or an offer or solicitation to buy or sell securities of any kind but solely as a resource to Licensee. Your use of any content, information or data accessed on or through this Application is at your own risk.
This Application contains content, information, and data from third parties. The Application displays content and links to other websites and may redirect users to other websites. You agree that we are not responsible or liable for any actions or inactions of other websites. You agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions of such third-parties.
Licensor reserves the right to modify or change the terms and conditions of this Agreement at any time or terminate Licensee's access to the Application or any portion thereof in Licensor's sole discretion, without notice and without limitations, for any reason whatsoever.
Licensee agrees to indemnify and hold Licensor, its affiliates, and any third parties harmless from and against any and all claims, lawsuits, losses, liability, costs and/or expenses arising from Licensee's violation of this Agreement or any third party's rights, including but not limited to copyright, proprietary and privacy rights. This indemnification and hold harmless obligation will survive the termination of this Agreement.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOST PROFITS, TRADING LOSSES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION 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 Application 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 five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If you have any questions or find any problems, please do not hesitate to contact us by email at firstname.lastname@example.org.