Preamble: This Agreement, drafted on Apr 24, 2018 (hereinafter: Effective Date) governs the relationship between the consumer of the StockSweeper service (hereinafter: Licensee) and LifeSoft LLC, a duly registered company in whose principal place of business is 1095 Fisher Ln, Winnetka IL, 60093 (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on Licensee’s usage of StockSweeper (hereinafter: the Service) as detailed herein.
Licensor grants Licensee a personal, non-assignable, non-transferable, exclusive license, commercial with terms and without the rights to create derivative works, all in accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while engaged with the StockSweeper service.
Licensee may not assign or transfer his rights and duties under this license.
LifeSoft LLC maintains their right to give and revoke permissions as it sees fit. All attribution for original LifeSoft intellectual property must be prominently displayed regardless of instruction to do so or lack thereof
The Term of this license shall be for the duration of Licensee’s subscription. Licensor may prematurely terminate this Agreement, including Licensee’s license, in the case where Licensee:
In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee via PayPal. Failure to perform payment shall construe as material breach of this Agreement.
Licensor may, from time to time, provide the Service with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensor shall provide any Upgrade, Update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Upgrades, Updates, or Fixes.
For the purpose of this license, an Upgrade shall be a material amendment in the Service, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase the Service under version 1.X.X, an upgrade shall commence under number 2.0.0.
For the purpose of this license, an update shall be a minor amendment in the Service, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase the Service under version 1.1.X, an upgrade shall commence under number 1.2.0.
For the purpose of this license, a fix shall be a minor amendment in the Service, intended to remove bugs or alter minor features which impair the the Service’s functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase the Service under version 1.1.1, an upgrade shall commence under number 1.1.2.
Service is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in the Service.
Licensee shall provide Licensor of details regarding any bug, defect or failure in the Service promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information or screenshots and try to reproduce such bugs, defects or failures. Failure to immediately comply with these terms may result in legal action.
Licensee may request additional features in the Service, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
To the extent permitted under law, the Service is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of the Service’s actions, failure, bugs and/or any other interaction between the Service and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on the Service or its output.
Intellectual Property: Licensor hereby warrants that the Service does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
The Software is provided without any warranty; Licensor hereby disclaims any warranty that the Service shall be error free, without defects which may cause damage to Licensee, and that the Service shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of the Service or its output.
Licensee warrants that he inspected the Service and that it is adequate to his needs. Accordingly, as the Service is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if the Service contains material flaws.
Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of the Service in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
Welcome to the www.stocksweeper.com website (Site) operated by LifeSoft, LLC. By visiting and using this Site you accept these Terms of Use (TOU) governing your use of the Site and the StockSweeper service (Service). LifeSoft reserves the right to post changes to the TOU on this Site at any time. In the following TOU, "LifeSoft" and "we" refer to LifeSoft, LLC, and "User" or "you" refer to each visitor to this Site.
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and LifeSoft shall not be liable for any feature not being accessible or for any temporary unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by LifeSoft to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion and at any time discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. LifeSoft assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User's system, Internet network or any other cause.
We do not provide information or services to minors. You may not use this Site or the Service if you are under 18 years of age. By accepting these TOU and proceeding to use the Site and/or the Service, you verify that you are 18 years of age or older.
This Site does not provide legal, tax, accounting, or investment services. Information provided through the Site or the Service should not be considered as substitute for consultation with a qualified financial professional.
We make no guarantees as to the accuracy, thoroughness or quality of the information provided on this Site or through the Service. LifeSoft shall not be held liable for any errors, omissions or inaccuracies in the Site or Service content. The information provided through this Site and the Service is neither comprehensive nor appropriate for every individual. It is your responsibility to determine whether, how, and to what extent you use this information. You are advised to verify any information before using it for any personal or financial purpose, and LifeSoft shall not be held liable for any damages or losses incurred by you due to your use of this information. The Site content and services may be modified at any time by us, without advance notice or reason, and LifeSoft shall have no obligation to notify you of any corrections or changes to any Site content.