This agreement is between you (also referred to herein as "Licensee" or "you") and StockDisciplines.com, a.k.a. Stock Disciplines, a.k.a. Stock Disciplines, LLC, hereinafter referred to as "we," "us," or "StockDisciplines.com" Read the following terms and conditions carefully before ordering a license to use Stops, ATR Stops, or SD Stops from StockDisciplines.com. Hereinafter, Stops, ATR Stops, and SD Stops will be referred to as simply "Stops." If you order Stops from StockDisciplines.com, you are, by that act, agreeing to be bound by the terms and conditions set forth in this agreement. If you do not agree to be bound by these terms and conditions, you must not order Stops. Hereinafter, this License Agreement will be referred to as "license" or "Agreement."
By downloading, installing, accessing or using 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, StockDisciplines.com is not willing to license to you any right to use or access Stops. In such event, you may not download, install, access, use, or copy Stops.
Stops is licensed to you, not sold. Except for the limited license granted in this Agreement, StockDisciplines.com and its licensors retain all right, title, and interest in Stops, all copies thereof, and all proprietary rights in Stops.
GRANT OF LICENSE. During the term of this Agreement, StockDisciplines.com grants you a revocable, nontransferable, nonexclusive license to use Stops for the purpose of local installation and operation for your use only. The designated licensee is the person whose name is entered on the order form.
The first time you open Stops you will be prompted to send for a "Registration Key." Stops will automatically generate a request, and all you have to do is send it. Users are encouraged to make their own backup copies of Stops and the Registration Key in case the originals are damaged or permanently deleted.
You will also be provided with four "Operational Codes" so Stops will operate correctly. The 10-day "trial period" is available only for first-time users. First-time users are sent temporary Operational Codes. With these codes, we will also indicate the last date on which you may cancel and get a refund. Starting with the first day of the license period, first-time users will have 10 days to use and evaluate Stops. The 10-day period is independent of when you actually begin to use Stops. For example, if you do not begin to use Stops until the sixth day, then the first five days will have been lost, and you will have only 5 days of use before the end of your 10-day trial period. Therefore it would be wise not to order Stops unless you are prepared to begin using it. After the tenth day, StockDisciplines.com will send you new Operational Codes that will enable Stops to function for the remainder of the license period. These codes are sent automatically. If you wish to cancel your license to use Stops, notify StockDisciplines.com of that fact any time within the first 10 days. It is understood that there is no way for StockDisciplines.com to turn Stops off when it is on a remote computer once licensee has it and valid Operational Codes. Therefore, if there is no cancellation within the first 10 days, refund requests after the first 10 days will not be honored, even if licensee discontinues use of the tool. There are no refunds for partially used license periods.
If you cancel, make sure that we acknowledge your cancellation notice. We cannot acknowledge it if we do not receive it. Therefore, if you do not get an email confirmation from us within a few hours, call us. We suggest that you let us know by the 8th or 9th day rather than wait till the 10th day if you do not want to continue using stops beyond the 10-day period. That would give a little time for you to make sure we have received your notice.
If you do not cancel, then at some time within the 10 days before the end of your paid-for license period, you will be sent a notice informing you that your license period is coming to an end and that your license will be renewed automatically. Early on the day after the expiration of the paid-for license period, new Operational Codes will automatically be sent to the licensee unless the licensee, before the end of the expiring paid-for period, has notified StockDisciplines.com of an intent to cancel. It is agreed that once the new Operational Codes are sent, the licensee has been given use of Stops for another paid-for period of the same duration as that indicated on the original order. Once those codes are sent, it will be too late to cancel. Therefore, to prevent being charged for an unwanted continuation of use, the licensee must notify StockDisciplines.com of an intent to cancel before the new Operational Codes are sent. If the licensee is unsure about the end date, he or she may simply call and ask for it.
If you cancel before the end of the 10-day "trial period," we will refund your payment minus a 6% fee to cover a portion of our credit card fees and the administrative expenses of setting up and canceling the account at StockDisciplines.com and at Authorize.net (the Payment Gateway). We have calculated the amount we are charged for accepting credit card payments and the fees averaged between 6% and 7%. Refunding by credit card would cost another 6% to 7%. Although the 6% fee we charge covers only a portion of our expenses, it also helps screen out "lookie-loos" or "tire-kickers" who are not really interested in making a serious effort at learning to use Stops. The refund will be sent by check to minimize our costs.
When a license expires, Stops will generate corrupted output that may or may not be obvious to the user. This output inaccuracy after the expiration is intentional, and it is designed to discourage unauthorized use.
Stops will also display "XXXXXXX" in its output cells each day before the user enters the current date. When the current date is entered and the f-9 key is pressed, "XXXXXXX" will disappear from those cells.
You may not reverse engineer, decompile, disassemble, modify, create works derivative of 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 Stops.
You understand and agree that you may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer Stops, or directly or indirectly permit any third party to use or copy Stops. You agree to keep all codes associated with the use of Stops in strict confidence, and will not share your Operational Codes with any third party. You will be solely responsible for all use of Stops made with your Registration Key and Operational Codes. You agree that you will be provided with a single copy of Stops that will be used on a single computer and for your use only. You agree that you will not remove any proprietary notices (e.g., copyright and trademark notices) from Stops.
An order for Stops must be made by the person who will use it. If it is discovered that the user of Stops is a person other than the owner of the credit or debit card used in placing an order, StockDisciplines.com may at its sole discretion, refuse to send any codes necessary to prevent Stops from corrupting its output. In such an event, no orders placed by or on behalf of either individual will ever be accepted again for any subscription or license.
Stops cannot function correctly without importing from StockDisciplines.com information that is needed for its algorithms. It is not necessary to import this information every day, but it is necessary for Stops to have access to it whenever Stops is in use. The licensee does not have to request the information. When Stops is opened, a message will appear that says something like "Security Alert - Data Connection." All the user has to do is click on the displayed "Options" button and choose to enable. On some occasions a message may appear that says something like "Query Refresh - This workbook contains queries to external data that refresh automatically." In that case the user only needs to click on "Enable automatic refresh." If Stops cannot access the Internet when it is opened, Stops will not function correctly. Under such circumstances, it is best to close Stops and wait for Internet access to be restored before opening it again.
The user's computer must be set to the correct date for Stops to function correctly and to avoid inaccurate calculations. The user can easily check his or her computer by noting whether or not its calendar shows the correct date. More on system clock errors.
You must have Excel 2007 (or later) installed on your computer and you must always enable macros. There are tests available on our Website so that you can easily test your system to see if macros are enabled. The tests can be accessed by clicking on links provided on pages that describe Stops and ATR Stops. The macros add necessary capabilities that are not standard in Excel. In fact, if the macros were removed or not enabled, Stops would not work correctly. Even the Lab's output would be incorrect. Licensee understands that it is important to enable macros. You must also enable Stops to access the StockDisciplines.com Website to collect data. If you get a message that "Data connections have been disabled," you must enable them. In Excel's Trust Center, in the External Content section, you must enable all connections and automatic updates. (Notice: There are compatibility issues with Excel 2003. Do not attempt to open Stops without consulting us first if Excel 2003 is on your computer. The tool may permanently remove all menus from Excel 2003. This is not an issue with later versions of Excel).
CELL PROTECTION. It is understood that StockDisciplines.com has not protected all cells in Stops against improper use or deletion. The user of Stops must not enter anything in any cell that is not white or goldenrod (a bright mustard-like yellow) in color. Any non-white or non-goldenrod cell may have underlying but invisible formulas. If anything is pasted into a cell that is not white or goldenrod in color, the underlying formulas may be destroyed. If a formula is overwritten or deleted, that formula will no longer be there to do its job. Some formulas are protected against permanent damage but many are not. If the user mistakenly deletes the contents of a cell that is not white or goldenrod, he should immediately press the "Ctrl" key and the "Z" key at the same time. If that does not reverse the deletion, he must close the program without saving it. If that does not work, he must start over with a backup copy of the Stops.exe application. Because an act of carelessness can permanently damage Stops, Licensee understands the importance of maintaining backup copies of Stops and the Registration Key, and of keeping those copies in a safe place or in a separate folder. Licensee understands and agrees that the only backups available to him will be those he creates himself, and that to protect himself he must not use a backup without making another backup first.
Stops recalculates thousands of equations whenever it recalculates, and many of these equations are dependent on the output of other equations. Depending on the speed of your system, the recalculation could take several minutes. Therefore, instead of making the user wait for calculations to finish every time data is entered or changed in a cell, our Stops.exe application 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.
It is extremely important that the licensee avoid the menu command ribbon because formatting, deleting, and sorting from the ribbon/menu can destroy the proper functioning of Stops. To reduce the chances that a person will unintentionally damage Stops, Stops is provided without the familiar Excel command ribbon that is usually found at the top of the screen. A person can perform basic operations by using the keyboard. To copy a selection, select it and then depress the "Ctrl" key and the letter "C" at the same time. To paste, place your cursor where you want it, then depress the "Ctrl" key and the letter "V" at the same time. To print, depress the "Ctrl" key and the letter "P" at the same time. To save, press "Ctrl" and "S" at the same time. Other key-based operations can be performed, but using those that are not mentioned here may damage the tool. For example, depressing the "Ctrl" key and the letter "X" at the same time and then Ctrl+V to paste will destroy Stops because the algorithms within Stops will remember the original location of the data. Therefore, errors will be generated and the damage to the tool will likely be permanent. Inserting, deleting, or re-arranging cells will permanently damage Stops. To delete the contents of a cell, press the "Delete" key on the computer's keyboard. The ribbon was removed to encourage people to confine themselves to copying, pasting, saving, and printing. NEVER use the "cut" function by pressing the "Ctrl+X" key combination. An added benefit of removing the ribbon is that a larger area of the spreadsheet can be viewed. To exit the program, click on the "X" in the upper right corner.
Fees may be changed at any time. If the fee is increased, licensee will not be asked to pay more for any current license. However, new licenses will be subject to the new fees. The ordering page reflects the current fees. Automatic renewals continue with the original fee, since it is not necessary to place a new order.
Licensee agrees to provide StockDisciplines.com with a current e-mail address, phone numbers where Licensee can be reached, a current physical mailing address (not a P.O. Box) and changes to any of these items promptly when changes are made. StockDisciplines.com cannot send or inform you of free updated versions of Stops 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. Current licensees are eligible to get these updates without charge.
You understand and agree that the output of Stops never constitutes a recommendation to buy or sell any securities. Licensee agrees to indemnify and hold StockDisciplines.com, its officers, associated persons, and assigns harmless from any investment or other financial loss resulting directly or indirectly from the use of Stops. 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 StockDisciplines.com, its officers, associated persons, and assigns harmless for any computer damage that occurs during the time 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.
StockDisciplines.com does not guarantee that Stops will meet your requirements. No oral or written information or advice given by StockDisciplines.com shall create any additional warranties or in any way increase the scope of StockDisciplines.com's obligations hereunder.
This Agreement constitutes the entire understanding and agreement between StockDisciplines.com and you, and it supercedes all prior or contemporaneous oral or written agreements, all of which are merged in this agreement. Any failure by StockDisciplines.com 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.
Any controversy or claim, including but not limited to errors and omissions, arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in the county of Orange, State of California, in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. You understand that this agreement to arbitrate does not constitute a waiver of the right to seek a judicial forum where such waiver would be void under the federal securities laws. Arbitration is final and binding on the parties.
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