Re: Predict Stocks & Futures
THE INFORMATION AND PROGRAM CONTAINED IN “PREDICT STOCKS & FUTURES” ARE NOT SOLD TO YOU. THEY ARE LICENSED ONLY. YOU ARE STRICTLY PROHIBITED FROM SELLING, ASSIGNING, TRANSFERRING, SUBLICENSING, OR OTHERWISE DISPOSING OF YOUR LICENSE OR ANY RIGHTS UNDER THIS AGREEMENT IN ORDER TO RECOVER ANY COSTS OR FOR ANY OTHER PURPOSE.
READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING, DOWNLOADING, ACCESSING, OR USING THE PROGRAM. BY CLICKING “YES – I ACCEPT THE TERMS OF THE LICENSE AGREEMENT,” OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE PROGRAM IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ALL OF ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO EVERY TERM OF THIS AGREEMENT, DO NOT INSTALL, DOWNLOAD, ACCESS, OR USE THE PROGRAM. ANY USE CONSTITUTES ACCEPTANCE.
This is a binding legal agreement between you (individually and, if applicable, on behalf of any entity you represent) and Zaitek Inc., together with its affiliates, suppliers, and licensors (collectively, “Zaitek”). This Agreement governs the license of the program titled “Predict Stocks & Futures,” including all related documentation, executable code, drivers, libraries, data files, algorithms, methodologies, trade secrets, and any updates or modifications thereto (collectively, the “Program”).
NON-DISCLOSURE AND CONFIDENTIALITY
1. Definition of Confidential Information
You acknowledge that the Program and all materials provided in connection therewith contain proprietary, confidential, and trade-secret information belonging exclusively to Zaitek. “Confidential Information” means all non-public information, materials, data, processes, methods, algorithms, formulas, techniques, know-how, future date predictions or reversal dates derived from the Program, explanations of past price reversals, innovative processes for identifying future price-reversal dates, source code (if any), object code, documentation, and any other information disclosed or made available to you through the Program or related to it, whether in written, oral, electronic, visual, or any other form.
All future dates, predictions, or signals generated or determined using the methods or reasons described in the Program are Confidential Information and shall not be publicly disseminated, shared, published, or disclosed in any form.
You expressly promise and covenant that you will not use, disclose, publish, disseminate, discuss, copy, or otherwise make available any Confidential Information to any third party without the prior express written consent of Zaitek (which consent may be withheld in Zaitek’s sole discretion). You further agree not to make any public or private written, oral, or electronic statements that disclose, describe, summarize, or opine on the contents, methods, efficacy, or results of the Program. You understand and agree that the Program is solely a guide or analytical tool and is not a trading system, investment advice, or recommendation.
2. Exclusions from Confidential Information
Confidential Information does not include information that you can demonstrate by clear and convincing written evidence: (i) was already known to you prior to disclosure by Zaitek without any confidentiality obligation; (ii) is or becomes publicly available through no act or omission by you or any person under your control; (iii) is rightfully received by you from a third party without restriction and without breach of any confidentiality obligation; or (iv) is independently developed by you without any use of or reference to Zaitek’s Confidential Information.
You bear the full burden of proof for any claimed exclusion. Before any disclosure or use under this paragraph, you must provide Zaitek with written notice at least thirty (30) days in advance identifying the specific information and the factual/legal basis for the claimed exclusion. You agree to take all reasonable and legally required steps to preserve the trade-secret status of Zaitek’s information and to act consistently with all applicable trade-secret laws.
3. Strict Obligations of Non-Disclosure and Non-Use
You irrevocably covenant and agree that you will forever keep all Confidential Information in the strictest confidence and will not, directly or indirectly:
- Disclose, reveal, discuss, publish, or otherwise make available any Confidential Information to any third party;
- Copy, photocopy, reproduce, reverse-engineer, decompile, disassemble, or create derivative works from any Confidential Information or the Program;
- Use Confidential Information for any purpose other than your personal, non-commercial evaluation and use of the Program under this license;
- Induce, assist, or encourage any third party to acquire, use, or disclose Confidential Information by improper means or in violation of this Agreement.
These obligations survive the termination or expiration of this Agreement indefinitely with respect to trade secrets and for the maximum period permitted by law with respect to other Confidential Information.
4. Liquidated Damages
Because actual damages from any breach would be difficult or impossible to ascertain with precision, you agree that in the event of any breach or threatened breach of the confidentiality, non-disclosure, non-use, or restricted-use provisions of this Agreement, you shall pay Zaitek, as liquidated damages and not as a penalty, the greater of: (a) One Million U.S. Dollars (US $1,000,000); or (b) ten (10) times Zaitek’s average annual gross sales revenue from the Program during the three (3) calendar years preceding the breach (or projected annual sales if fewer than three years of history exist).
This sum is in addition to, and not in lieu of, any actual damages, injunctive relief, attorney’s fees, court costs, and other remedies available at law or in equity. You acknowledge that this amount is a reasonable pre-estimate of the harm Zaitek would suffer.
5. Enforcement and Indemnification
Upon any violation, you shall be immediately liable for the liquidated damages plus all associated damages, reasonable attorney’s fees, expert fees, investigation costs, and court costs. You shall indemnify, defend, and hold Zaitek and its officers, directors, employees, and agents harmless from and against any and all losses, liabilities, claims, damages, costs, and expenses (including attorneys’ fees) arising directly or indirectly from your breach of this Agreement. The laws of the United States and the State of Texas shall govern.
LICENSE GRANT AND RESTRICTIONS
6. Limited Grant of License
THE PROGRAM AND ALL INFORMATION CONTAINED THEREIN ARE NOT SOLD TO YOU. Zaitek grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Program solely for your own individual, personal, non-commercial purposes, on a single computer, for a maximum period of five (5) years from the date of first installation or access, whichever occurs first. Zaitek retains all right, title, and interest in and to the Program, including all intellectual-property rights. All rights not expressly granted are reserved by Zaitek.
7. No Trademark or Data License
Nothing in this Agreement grants you any right to use any trademark, service mark, trade name, logo, or other branding of Zaitek. Zaitek owns all customer data collected in connection with the Program.
8. Single-User, Single-Computer Restriction
The Program may be used only by you personally and only on one (1) computer at any time. A “computer” means both the physical hardware and each distinct operating-system installation. You may transfer the Program from one computer to another only if: (a) the Program is completely and permanently erased from the first computer; and (b) there is no possibility of simultaneous or sequential use on more than one computer. Concurrent or multi-user use is strictly prohibited.
9. Copyright and Ownership
The Program is protected by United States copyright law, trade-secret law, and international treaties. You may not remove, alter, or obscure any copyright, trademark, or proprietary notices.
10. Absolute Prohibition on Transfer
You may not sell, assign, transfer, gift, bequeath, sublicense, rent, lease, or otherwise dispose of the license or any rights under this Agreement to any person or entity for any reason, including recovery of costs. Any attempted transfer is void and constitutes an immediate material breach.
11–13. Prohibited Activities
Except as expressly permitted, you may not:
- Use, copy, modify, adapt, translate, or create derivative works of the Program;
- Make any archival, backup, or other copies;
- Distribute, publish, or share any portion of the Program or any output derived from it;
- Decompile, disassemble, reverse-engineer, or otherwise attempt to derive source code, algorithms, or underlying methods;
- Circumvent any technical protection measures.
14. No Updates or Support Obligation
This license grants no right to updates, upgrades, enhancements, or support. Any auto-update feature may download and install updates at Zaitek’s discretion; you consent to such downloads.
15. Termination for Bad Faith
The license terminates automatically and immediately if you, in bad faith, initiate an invalid chargeback, complaint, or claim with any payment processor, governmental agency, or third party.
16. Termination
The license is effective until terminated. You may terminate by permanently destroying all copies of the Program and certifying such destruction in writing to Zaitek. The license terminates automatically, without notice, upon any breach. Upon termination you must immediately return or destroy all copies and cease all use. Provisions protecting Zaitek’s proprietary rights, confidentiality, liquidated damages, indemnification, and limitations of liability survive termination indefinitely.
17. Injunctive and Equitable Relief
You acknowledge that any breach of confidentiality or license restrictions will cause Zaitek irreparable harm for which monetary damages are inadequate. Zaitek is therefore entitled to temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable remedies without the necessity of posting any bond or proving actual damages, in addition to all other remedies available at law or equity.
18. Disclaimer of Warranty
THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RESULTS. ZAITEK DISCLAIMS ALL LIABILITY FOR ANY TECHNICAL SUPPORT OR INFORMATION PROVIDED. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, AND RESULTS OF THE PROGRAM.
19. Limitation of Liability
IN NO EVENT SHALL ZAITEK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUES, OR TRADING LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZAITEK’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSE. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. General Provisions
This Agreement binds you, your employees, agents, contractors, successors, and permitted assigns. Export of the Program is prohibited except in full compliance with U.S. law. This Agreement is governed by the laws of the State of Texas (and applicable federal law) without regard to conflict-of-laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Texas. The United Nations Convention on Contracts for the International Sale of Goods is excluded.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings, representations, and agreements (including any advertising). If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force. No modification is valid unless executed in a written instrument signed by both you and an authorized representative of Zaitek. Waiver of any breach shall not constitute waiver of any subsequent breach.
END OF AGREEMENT
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