License Agreement

This License Agreement will be referred to hereinafter as "Agreement," and Stock Disciplines, LLC will be referred to as "Stock Disciplines." This Agreement is a binding legal contract between you (also referred to herein as "Licensee") and Stock Disciplines (also referred to as "we" or "us"). By downloading, installing, accessing or using ATR Stops you indicate that you have the authority to bind yourself and any organization you may represent to the terms of this Agreement and that you and any such organization will be bound by the terms of this Agreement. If you do not agree to all the terms and restrictions of this Agreement, Stock Disciplines is not willing to license to you any right to use or access ATR Stops. In such event, you may not download, install, access, use, or copy ATR Stops. You must contact Stock Disciplines, to obtain an "Activation Key" to gain access to ATR Stops. It is also necessary to enter four "Operational Codes" so that ATR Stops will operate correctly. ATR Stops is licensed to you, not sold. Except for the limited license granted in this Agreement, Stock Disciplines and its licensors retain all right, title, and interest in ATR Stops, all copies thereof, and all proprietary rights in ATR Stops.

GRANT OF LICENSE. During the term of this Agreement, Stock Disciplines grants you a revocable, nontransferable, nonexclusive license to use ATR Stops for the purpose of local installation and operation for your use only. In connection with your license of ATR Stops you will be required to identify the name of the individual or entity who will be the designated licensee for ATR Stops. Except as otherwise provided in this Agreement, only the designated licensee may use ATR Stops. This Agreement and your license to use ATR Stops may be extended by your payment of a fee to renew your license. Without the payment of the license fee, ATR Stops will automatically cease its useful function at the end of the term and the license granted will expire. After the license expires, ATR Stops is designed to generate (depending on its settings) either renewal alerts, error messages, inaccurate output, and/or it will simply stop working. If the user allows the license to expire and it generates inaccurate output, it may or may not be obvious to the user that the output is not accurate. This output inaccuracy (corrupted output) is intentional, and it is designed to discourage unauthorized use. Upon the payment of the full license fee, Stock Disciplines will provide a new set of Operational Codes and any other code necessary to restore full non-corrupted functionality to ATR Stops.

You may not reverse engineer, decompile, disassemble, modify, create works derivative of ATR Stops, or in any way attempt to gain access to any of the underlying code or algorithms not visible to the casual user. You may not alter or modify any disabling mechanisms which may be resident in ATR Stops.

You understand and agree that you may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer ATR Stops, or directly or indirectly permit any third party to use or copy ATR Stops. You will keep all codes associated with the use of ATR Stops in strict confidence, and will not share either your Activation Key or your Operational Codes with any third party. You will be solely responsible for all use of ATR Stops made with your Activation Key and Operational Codes. You agree that you will be sent a single copy of ATR Stops that will be used on a single computer and for your use only. You agree that you will not make copies of ATR Stops unless given specific permission to do so, and the number of copies will be limited as specified. However, ATR Stops does, under certain conditions, automatically make backup copies for the user's convenience. You agree that you will not remove any proprietary notices (e.g., copyright and trademark notices) from ATR Stops. You must maintain ATR Stops and associated documentation in strict confidence and shall not disclose them or make them available to any unauthorized third parties.

You understand you must get written approval from Stock Disciplines for an order before ordering ATR Stops. If you order ATR Stops or if a person you know orders ATR Stops for you and makes payment before explicit approval is given, Stock Disciplines will send a refund check (minus expenses) to the person who made payment. You understand that these expenses may total as much as $10. In such event, the access or license requested will not be granted.

Stock Disciplines does not warrant that ATR Stops will meet your requirements, or that the operation of ATR Stops will be uninterrupted or error free, or that defects in ATR Stops will be corrected. No oral or written information or advice given by Stock Disciplines shall create any additional warranties or in any way increase the scope of Stock Disciplines’ obligations hereunder.

A very small percentage of people will try to re-set the system clock of their computer in order to "trick" ATR Stops into thinking that an expiration date has not yet occurred when it actually has. We have therefore added algorithms that can detect system clock tampering or invalid settings. Licensee understands that if the clock of Licensee’s computer is set incorrectly so that it differs significantly from ATR Stops' own internal timing mechanism (the internal timing mechanism in ATR Stops is set correctly), data used by the algorithms in ATR Stops may be modified in such a way that output is corrupted, and that the nature of such modifications or corruptions may not be readily apparent. It is Licensee’s responsibility to enable the correct and accurate output of ATR Stops by correcting the system clock of the computer on which ATR Stops is to be installed if that system clock is in error. The user can easily check his or her computer by noting whether or not its calendar shows the correct date.

Cell Protection and "Frozen" Cells.  It is understood that Stock Disciplines uses cell protection in ATR Stops. Though cell protection can sometimes be a nuisance, it is necessary. People have a lot more problems without it than with it. Without cell protection people unintentionally delete cells that have underlying equations, and otherwise damage the program. Excel has its own cell protection system. However, we have found that, with Excel's system, cell protection sometimes "wanders" to cells that are not supposed to be protected. For example, the symbol or data for a stock may become "protected" so that it cannot be changed. This sometimes occurs when an individual inputs data that makes no sense or that is entered incorrectly (dates that are not in the correct order). However, it is possible that it will also occur when there is no apparent cause. Stock Disciplines uses a protection system created by XLSafe to address this issue because we think it is the best system available. With XLSafe we have had far fewer incidents of cells becoming protected when they are not supposed to be protected than when we used only the native Excel system.

In the unlikely event that one or more cells become protected so that they cannot be modified, Stock Disciplines will, without charge, unprotect any cells that should not be protected. Licensee needs only to send ATR Stops to Stock Disciplines as an attachment to an e-mail. We will then return ATR Stops to the user with protections reset to their original configuration. The data previously entered by the licensee and all stop loss computations will be left intact. The resetting of correct protection parameters may take about 15 minutes plus transmission time when we are not involved in updating the Web site or otherwise occupied. Most of the time the program can be returned within a few hours (it is unusual for it to take that long). When we send ATR Stops to a new licensee, we describe simple procedures to follow that have virtually eliminated instances of cells "freezing."

You understand that ATR Stops recalculates thousands of equations whenever data is entered or a change is made, and that many of these equations are dependent on the output of other equations. All equations are recalculated even if a change ultimately modifies the output of only one equation. Depending on the speed of your system, the recalculation can take about 2 minutes (possibly a little longer). Instead of making the user wait for calculations to finish every time data is entered or changed in a cell, ATR Stops will not recalculate until the user presses the f-9 key. To save time, we recommend that users make all entries and changes for all positions before pressing the f-9 key. Some computers require the user to press the "fn" key while pressing the f-9 key.

The first time you attempt to open ATR Stops, you will see what we call our "Gatekeeper Page." Before ATR Stops will open, you will have to request and obtain from Stock Disciplines an "Activation Key." This procedure helps us prevent unauthorized use of ATR Stops.

When ATR Stops is first sent to you, you will be provided with four 15-digit codes (sometimes referred to as "Operational Codes") that will enable the tool to function for the first 15 days of the license period. These codes are different from and must not be confused with the "Activation Key." Starting with the day Stock Disciplines sends ATR Stops to you, you will have 15 days to use and evaluate ATR Stops. The 15-day period is pre-set by us and is independent of when you actually begin to use ATR Stops. For example, if you do not begin to use ATR Stops until the sixth day, you will have only 10 days of use before ATR Stops shuts down. After the fifteenth day, Stock Disciplines will send you new operational codes for the remainder of the license period.

It is understood and agreed that when Stock Disciplines delivers the codes for the remainder of the license period to you, Stock Disciplines has effectively and constructively given you the use of ATR Stops until the end of the period for which the code is valid, whether or not you actually make use of it during that time. It is understood that there is no way for Stock Disciplines to turn ATR Stops off when it is on a remote computer once licensee has both it and valid operational codes.

Therefore, it is also understood and agreed that all fees are payable in advance and that they will be non-refundable after the first 15 days, even if licensee discontinues use of the tool. After the license expires, ATR Stops will cease to function properly without new operational codes entered in the appropriate cells.

To keep the fees for using ATR Stops low Stock Disciplines must minimize expenses and staffing needs. To that end, ATR Stops is sent to licensees only by electronic transmission. CD-ROM's are not provided.

Fees may be changed at any time. If the fee is increased, licensee will not be asked to pay more for any prepaid period.

Licensee agrees to provide Stock Disciplines with a current e-mail address, phone numbers where Licensee can be reached, a current physical mailing address and changes to any of these items promptly when changes are made. Stock Disciplines cannot send free updated versions of ATR Stops to you if the e-mail address you have provided is not current. This can be especially important if the updated version corrects programming errors or adds new features.

The output of ATR Stops never constitutes a recommendation to buy or sell any securities. Licensee agrees to indemnify and hold Stock Disciplines and its officers and assigns harmless from any investment or other financial loss resulting directly or indirectly from the use of ATR Stops. ATR Stops is based on Microsoft's Excel spreadsheet program, a program that has been used successfully on many millions of computers worldwide. Therefore, Licensee agrees to indemnify and hold Stock Disciplines and its officers and assigns harmless for any computer damage that occurs during the time ATR Stops is installed on Licensee's computer. All limitations of liability and exclusions of damages shall remain in effect even if any other provisions of this Agreement fail in their purpose.

This Agreement constitutes the entire understanding and agreement between Stock Disciplines and you, and it supercedes all prior or contemporaneous oral or written agreements, all of which are merged in this agreement. Any failure by Stock Disciplines to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or in any way operate to mitigate rights of enforcement in the event of any subsequent breach of that provision.