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STOCKMOVES(TM) Single Commercial use License Agreement PLEASE BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS LICENSE AGREEMENT BEFORE USING THE STOCKMOVES DATABASE,(hereinafter: "STOCKMOVES" OR "THE DATABASE") STOCKMOVES Database is placed in e-motek.com web site, which is developed by MOTEK Motion Technology. By using STOCKMOVES, you ("the User") irrevocably accept and agree to the terms and conditions set out herein. Any reference made in this Agreement to STOCKMOVES shall be deemed as to its subsidiaries, successors, assignees, affiliates as well as any company that is controlled by MOTEK directly or indirectly, and any other subsidiary of that controlling company. The Database is being sold to you for a single project version only and is provided on an "AS IS" basis. MOTEK Motion Technology. (Hereinafter: "MOTEK") grants to you a non-exclusive, non-transferable, non- sub licensable license to use this version of the STOCKMOVES Database. The user may not distribute this version of the Database to any other third party. The Database is a copyrighted product of MOTEK and may not be copied, distributed or sold by the user to any third party commercial concern without written permission from MOTEK. Use of STOCKMOVES may adversely affect any software program currently running on the User's computer or, in general, otherwise installed on the User's computer. STOCKMOVES, as most Internet applications, is vulnerable to various security issues and hence, should be considered unsecured. MOTEK does not warrant or guarantee that any update of information transmitted to the Database will be free of infection by viruses, or anything else manifesting, contaminating or destructive properties. The User assumes all responsibilities and risk for the use of the Database. If you do not wish to be subjected to these risks, you are advised not to use STOCKMOVES. Furthermore, please do not use the STOCKMOVES for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of this section,"Mission Critical" applications and purposes shall mean applications and use that may result in direct damage. "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users. MOTEK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF FREE OF CHARGE DATABASE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE DATABASE, FOR ANY PURPOSE. THE DATABASE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MOTEK SHALL NOT BE LIABLE UNDER ANY THEORY OR FOR ANY DDAMAGES SUFFERED BY YOU OR AN USER OF THE DATABASE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DATABASE IS BORNE BY YOU. SHOULD THE DATABASE PROVE DEFECTIVE, YOU AND NOT MOTEK ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY MOTEK DATABASE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE DATABASE SUFFICIENTLY MEETS YOUR REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. MOTEK DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF THE DATABASE OR STOCKMOVES SERVICES AND INFORMATION, THE STOCKMOVES NETWORK SERVERS' DATABASE OR ANY KIND OF INFORMATION SENT, DELIVERED OR RECEIVED BY USERS ON OR THROUGH THE STOCKMOVES DATABASE, WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE DATABASE WILL BE ERROR-FREE OR SECURE. YOU ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE USE OF THE DATABASE, AND OUTPUT OF THE DATABASE, INCLUDING, BUT NOT LIMITED TO: (A) SELECTION OF THE DATABASE TO ACHIEVE YOUR INTENDED RESULTS; (B) ESTABLISHING ADEQUATE INDEPENDENT PROCEDURES FOR TESTING THE ACCURACY OF THE DATABASE; (C) ESTABLISHING ADEQUATE BACKUP TO PREVENT THE LOSS OF DATA IN THE EVENT OF MALFUNCTION OF THE DATABASE. As part of this software, MOTEK is granting you limited access to e-motek.com web site, servers, tools, information and commercial activities related thereto or any part thereof (together with the Database or any part thereof, herein known as the "Services and Information"). The Services and Information or any part thereof, may also be accessible by other software applications and may be published on the e-motek.com web site, its servers. MOTEK makes no warranties or guarantees as to the availability or reliability of the Services and Information to you or to any other user. The Database, the Services and Information functionality or any part thereof including without limitation, the access to the Services and Information granted to you or to any other user, may be changed, limited or terminated at any time, temporarily or permanently, without prior notice, for any reason, or no reason by MOTEK in its sole discretion. Changes of Functionality. MOTEK reserves the right at any time to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Database or in the future versions of the Database at any time, without prior notice, that may cause functionality change, limitation or termination of the functionality of features in earlier versions still in use, including functionality changes in privacy and security features ("Grant of Different Services"), at any time without prior notice, at its sole discretion. You agree to the effects that the Changes of Functionality and Grant of Different Services may have on your ability to use the Database and the Services and Information, in whole or in part, for communication with third parties or their ability to communicate with you. MOTEK may elect in its sole discretion to condition the continuation of access to the Services and Information, on your accepting software improvements corrections, adaptations, conversions to more recent Database versions or any other changes to the STOCKMOVES Database, or to a revised or new terms of service that are made available on or through this license agreement, MOTEK Privacy Policy, MOTEK terms of Use, and any other applicable terms of service document available therein MOTEK Terms of Service. MOTEK may elect to introduce or grant different grades of service and listings policies, different levels of access or no access at all and different priorities to different functions, or to users of different versions of the software, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTEK SHALL NOT BE LIABLE FOR (a)ANY CLAIM BY YOU FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT OR EXEMPLARY DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF YOUR USE OR INABILITY TO USE THE DATABASE OR THE BREACH OF THIS LICENSE, EVEN IF MOTEK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b)ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. Users are expressly advised and required to make their own judgment about the accuracy, reliability, quality, validity and completeness of any of the services, products and contents. This document constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. MOTEK Motion Technology, STOCKMOVES Database and the E-motek.com web site are registered trademarks. No right, license, or interest to such trademarks is granted hereunder, and you agree that you shall assert no such right, license or interest with respect to such trademarks.
