Re: Why Markets Turn
THE INFORMATION CONTAINED IN "WHY MARKETS TURN" IS NOT SOLD TO YOU. YOU ARE PROHIBITED FROM SELLING OR TRANSFERRING YOUR LICENSE TO "WHY MARKETS TURN" TO RECOVER ANY OF YOUR COSTS (See License section below)
READ THIS DOCUMENT CAREFULLY - before installing this program. By clicking the "Yes-I accept the terms of the License Agreement" I agree to the terms and rules related to the use of this program" button, downloading, installing and using this program, you agree to be bound by the terms of this agreement.
If you do not agree to the terms of this agreement, do not purchase the program.
YOU AGREE THAT YOUR INSTALLING OR USE OF THE PROGRAM ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This is a legal agreement between you individually and Zaitek, Inc. ("Zaitek"). This Agreement states the terms and conditions upon which Zaitek offers to license the program downloaded from this website, together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Program").
1. Definition of Confidential Information.
You acknowledge that you are in possession of proprietary and confidential trade secret materials belonging to Zaitek. Except as provided herein, all information and materials provided to you in the Program shall be considered "Confidential Information".
Zaitek agrees to furnish to you certain Confidential Information contained in the document and Program titled "Why Markets Turn" and includes an explanation of past price reversal of stock, stock indexes, commodities and futures contracts; and innovative processes and means of identifying future price reversal dates by reason disclosed in Why Markets Turn.
Future dates determined using the reason described in Why Markets Turn are not excluded, shall not be publicly disseminated, and shall be considered Confidential Information.
You promise not to use, disclose or otherwise disseminate any Confidential Information without the express written consent of Zaitek. You will also not make public or written statements to divulge the contents or your opinion of the Why Markets Turn. You understand Why Markets Turn is a guide or tool and should not be considered a trading system.
2. Exclusions.
Confidential Information does not include information that: (i) was already known to you prior to receipt from Zaitek; (ii) is or becomes public knowledge without breach of your obligations under this Agreement; (iii) is rightfully acquired by you from a third party without restriction on disclosure or use; (iv) is independently developed by you without resort to Zaitek's disclosure. Provided, however, that you shall have the burden of proof respecting any of these events on which you rely as relieving you of any restrictions under this Agreement. In addition, prior to any disclosure or use of Confidential Information pursuant to this paragraph, you must first notify Zaitek, in writing, of the specific Confidential Information you seek to use or disclose pursuant to this paragraph, and the factual and/or legal reasons therefore. Said written notice shall be made at least two weeks before using or disclosing such Confidential Information. You promise to act diligently in keeping their trade secrets and other confidential materials secret. You promise to act consistently with the legal requirements to maintain the "trade secret" classification of Zaitek's confidential business information.
3. Obligation.
You hereby forever irrevocably covenant and agree not to divulge to unauthorized parties, any information received in the course of our dealings in present or future transactions pertaining to the matter referenced above. You agree that any materials and information you obtain in connection with the foregoing shall be kept in the strictest confidence, and that the same shall not be revealed to or discussed with any third party whatsoever without the express written and notarized consent of Zaitek. You further agree that nothing comprising the confidential information transmitted to you shall be copied or photocopied in whole or in part. You cannot breach the confidential relationship, induce others to breach it or induce others to acquire the confidential information by improper means.
4. Liquidated Damages.
It being impossible or difficult to determine the damages Zaitek will incur in the event you breach this agreement, you hereby agree to pay to Zaitek the sum of US$3,000,000, or Zaitek's highest monthly sales amount of the Why Markets Turn multiplied by 120 months (10 years) whichever is more, as liquidated damages for each breach this agreement.
5. Miscellaneous.
If this Agreement is violated, the undersigned shall be liable for the immediate payment of the liquidated damages, as well as any associated damages, attorney's fees and court costs. You will indemnify and hold Zaitek harmless of and from any loss, cost, expense and/or liability incurred by Zaitek as a direct or indirect result of your violation of the terms and conditions hereof. The laws of the United States and Texas will apply.
6. Grant of License.
THE INFORMATION CONTAINED IN "WHY MARKETS TURN" IS NOT SOLD TO YOU. Rather, it is licensed on a non-exclusive basis solely for use by you, personally, and you alone, under the terms of this Agreement for a period of not more than ONE year. Zaitek retains all title to and ownership of the Program and reserves all rights not expressly granted to you hereby.
7. No Trademark License.
No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of Zaitek. Zaitek owns all customer data collected through the registration process.
8. Use by Single User on a Single Computer Only.
The Program may be used by you only on a single computer. You may transfer the machine-readable portion of the Program from one computer to another computer, provided that a) the Program (including any portion or copy thereof) is erased from the first computer, and b) there is no possibility that the Program will be used on more than one computer at a time. A computer is defined both by the physical computer and the operating system installation. Therefore, a single physical computer with multiple operating systems installed will be recognized as one computer for each operating system.
9. Copyright.
The Program is owned by Zaitek, and is protected by United States copyright laws and international treaty provisions. You may not remove the copyright notice from any copy of the Program or any copy of the written materials, if any, accompanying the Program.
10. No Transfer of License.
You may not sell or transfer your license of this Program to anyone. YOU ARE PROHIBITED FROM SELLING OR TRANSFERRING YOUR LICENSE TO "WHY MARKETS TURN" TO RECOVER ANY OF YOUR COSTS.
11. Limitations on Using, Copying, and Modifying the Program.
Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Program, you may not use, copy or modify the Program. Nor may you sub-license any of your rights under this Agreement.
12. Archival Copy Prohibited.
You may not any archival copy, for backup purposes, and no copies shall be distributed to others.
13. Decompiling, Disassembling, or Reverse Engineering Prohibited.
You acknowledge that the Program contains trade secrets and other proprietary information of Zaitek. You may not decompile, disassemble or otherwise reverse engineer the program, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Program.
14. Updates and Auto-updating.
This license does not grant you any right to any enhancements or updates to the Program, nor any support services. The Program may have an auto-update function that automatically checks Zaitek's servers on the Internet for updates for the Program, such as bug fixes, patches, updates, and enhanced functions. You agree that Zaitek may, through the auto-update function, download updates and install them as part of your Program.
15. Bad Faith.
The license granted will terminate when you act in bad faith, including asking for a refund, make an invalid complaint to the credit card processing company, the government or any other third party.
16. Termination.
The license granted to you is effective until terminated. You may terminate it at any time by returning the Program (including any portions or copies thereof) to Zaitek. The license will also terminate automatically without any notice from Zaitek if you fail to comply with any term or condition of this Agreement and any guarantee is automatically void. You agree upon such termination to return the Program (including any portions or copies thereof) to Zaitek. Upon termination, Zaitek may also enforce any rights provided by law. The provisions of this Agreement that protect the proprietary rights of Zaitek will continue in force after termination.
17. Injunctive Relief.
You acknowledge that the Program and the Service contain Zaitek's proprietary and Confidential Information, and that disclosure of such information or misuse of the Program will give rise to irreparable injury to Zaitek, inadequately compensable in damages. Accordingly, Zaitek may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available. Said relief will be available without the requirement of posting a bond or undertaking.
18. DISCLAIMER OF WARRANTY
The Program is provided "as-is" without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, and fitness for a particular purpose. Zaitek is not obligated to provide any updates, upgrades or technical support for the program.
Further, Zaitek shall not be liable for the accuracy of any information provided by Zaitek or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.
You assume full responsibility for the selection of the Program to achieve your intended results, and for the installation, use and results obtained from the Program. You also assume the entire risk as it applies to the quality and performance of the Program. Should the Program prove defective, you (and not Zaitek, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
19. LIMITATION OF REMEDIES AND DAMAGES
In no event will Zaitek be liable for any indirect, incidental, special or consequential damages or for any lost profits, lost savings, lost revenues or lost data arising from or relating to the Confidential Information or this agreement, even if Zaitek have been advised of the possibility of such damages. In no event will Zaitek's liability or damages to you or any other person ever exceed the amount paid by you to use the program, regardless of the form of the claim.
20. GENERAL
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Program nor any information derived therefrom may be exported except in accordance with the laws of the U.S. or other applicable provisions. This Agreement is governed by the laws of the State of Texas (except to the extent federal law governs copyrights and federally registered trademarks) without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Texas. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. This Agreement is the entire agreement between us and supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Program. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect. The terms and conditions contained in this License Agreement may not be modified unless both you and an authorized representative of Zaitek execute a separate written instrument.
