TA-SDK 2003

EULA - End User License Agreement

GENERAL TERMS AND CONDITIONS

The following Terms of Use govern your use of the Modulus Financial Engineering TA-SDK product. Please read these Terms of Use carefully before using the TA-SDK library. If you do not agree with these Terms of Use, please do not use the software.

INTELLECTUAL PROPERTY
The TA-SDK library, including without limitation all design, text, images, white papers, press releases, and other information, is protected under United States and other copyright laws and is owned by Modulus Financial Engineering or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Modulus Financial Engineerings prior written consent, except to the extent that such use is authorized under the United States copyright laws. Modulus Financial Engineerings trademarks, logos, images, and service marks used on this site are the property of Modulus Financial Engineering and may not be used without permission from Modulus Financial Engineering and then only with proper acknowledgment.

CONFIDENTIAL INFORMATION
You may not distribute the Modulus Financial Engineering TA-SDK source code or any information that belongs to Modulus Financial Engineering that may be confidential or proprietary.

NO REPRESENTATIONS OR WARRANTIES
Modulus Financial Engineering assumes no responsibility for, and makes no representations with respect to, the accuracy of the TA-SDK software. Therefore, all technical indicators that are calculated using the TA-SDK library are presented AS IS, and Modulus Financial Engineering EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. IN NO EVENT SHALL MODULUS FINANCIAL ENGINEERING BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED, OR LOSS OF PROFITS OR REVENUES.

GOVERNING LAW
The internal laws of the State of Oregon, without reference to any choice of law provisions, shall govern any claims relating to Modulus Financial Engineering. Modulus Financial Engineering may revise these Terms of Use at any time. Revisions will be posted on this Terms of Use page and users are responsible for reviewing the page from time to time to ensure compliance.

SOURCE CODE TERMS

BY COPYING OR OTHERWISE USING THE TA-SDK SOURCE CODE FILES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. Upon your acceptance of the terms and conditions of the License Agreement, you are granted the use of the source code in the manner provided below. The source code is the intellectually property of Modulus Financial Engineering and is protected by copyright law and international copyright treaty. Therefore, you must use this source code like any copyrighted material (such as copyrighted music, art, or books). Except as provided in the License Agreement, you may not transfer, rent, lease, lend, modify, translate, sublicense, time-share or electronically transmit or receive the source code, media or documentation.

GENERAL TERMS
You may not resell, rent, lease or distribute the source code OR compiled components alone, they must be distributed as a component of an application and bundled with an application or with the application's installation files. You may not resell, rent, lease or distribute the source code or components in any way that would directly compete with the seller. All source code provided by seller that is distributed with an application must be compiled or password protected to the extent that only the licensed software developer(s) may obtain access to it. Reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited.

REDISTRIBUTION
You may include the source code in your software applications and redistribute it in compiled form (*.exe, *.dll, *.ocx, *.so, *.jar and *.class files). SOURCE CODE You may modify the source code to adapt it to your needs, however you may only redistribute the compiled form of the modified source code. You are not allowed to redistribute any original or modified source code file. You are not allow to copy and paste source code into external classes. The source code may only be used within the original classes.

DEVELOPMENT ENVIRONMENTS
The TA-SDK development environment requires one (1) license per developer.

TRADE SECRETS
You acknowledge and agree that the structure, sequence and organization of the source code contains valuable trade secrets of Modulus Financial Engineering. You agree to hold such trade secrets in confidence.

NO WARRANTY
THE SOURCE CODE AND DOCUMENTATION ARE PROVIDED AS IS. Modulus Financial Engineering MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOURCE CODE, SOFTWARE AND DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE AND DOCUMENTATION ARE SUITABLE FOR YOUR INTENDED USE. LIMITATION OF LIABILITY: IN NO EVENT SHALL Modulus Financial Engineering OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF Modulus Financial Engineering OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED BY ANY FAILURE OF THE SOLE AND EXCLUSIVE REMEDIES HEREUNDER.