User Agreement for Quantext Portfolio Planner and Quantext Retirement Planner
This document constitutes a legally binding agreement between any user of Quantext’s software products and Quantext (also known as Quantext, Inc.).
Anyone using Quantext Portfolio Planner, for 20 or 40 tickers, (QPP) or Quantext Retirement Planner (QRP), whether as part of a trial or as a registered user (any "User"), specifically acknowledges and accepts the following conditions:
User is one person.
User represents and warrants that he or she will not, under any circumstances, resell, redistribute or otherwise provide access to QPP or QRP.
User will not use QPP or QRP in any fashion that may infringe any copyrights or proprietary interests of Quantext, Inc.
In addition, except for the single copies authorized by Quantext, Inc., User will not by any electronic, electrical, magnetic, optical, laser, acoustic, or similar means make or maintain a copy of QPP or QRP.
User may not reproduce QPP or QRP output in any commercial data product, report, analysis, webpage, or other form without permission from Quantext.
Intellectual Property Protection
Quantext is the exclusive proprietor of QPP and QRP and of all the copyrights and proprietary interest therein. User will not by virtue of this Agreement or the use of QPP or QRP acquire any copyright or proprietary interests in the material in QPP or QRP, including but not limited to algorithms, methods, and mathematical technology. No User shall attempt to reverse engineer either QRP or QPP or attempt to reproduce the methodologies employed in QPP and QRP.
Liability and Warranties
In using QPP or QRP, User agrees that Quantext, Inc. shall not be liable for claims for any indirect, incidental, or consequential damages (including lost profits), costs, expense or attorney fees, regardless of the form of action, whether in contract, tort including negligence, strict liability or otherwise, whether or not such damages, costs, expenses or attorneys fees are foreseen or unforeseen, sustained, threatened, incurred, or arising from or in connection with its or their performance. This disclaimer applies without limitation to claims arising from the provision of software and related information.
User's sole remedies against Quantext for loss or damage caused by or arising in connection with the performance or nonperformance of QPP, QRP, or other services by Quantext, Inc., regardless of strict liability or otherwise, shall be limited to the license fees that User has paid to Quantext for use of Quantext’s software, including the QRP and QPP software.
QPP and QRP currently obtain their historical market data from Yahoo! Finance. Yahoo! may or may not continue to provide access to these data in the future. Quantext does not warrant in any way the availability or the quality of these data. Quantext will not be required to provide refunds or any form of reparations if Yahoo! ceases to provide historical market data in a format that QPP and QRP can use.
THE QUANTEXT PORTFOLIO PLANNER AND QUANTEXT RETIREMENT PLANNER AND ALL RELATED MATERIALS ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. QUANTEXT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE.
User acknowledges that violation of the terms of this User Agreement by the User may cause Quantext, Inc. substantial financial harm due to damage or impact to Quantext’s business. Quantext does not waive any available remedies for such violations.
User agrees to comply with and be bound by the terms of all modifications hereafter made to the terms of the User Agreement following their publication via the Quantext Web site, including but not limited to, any updates and/or revision to the terms of the user agreement. If user objects to any such modifications, he or she may terminate this Agreement prior to any further use of QPP or QRP following the publication of such modifications.
User shall be subject to Quantext's continuing approval and Quantext may disapprove a User at any time for any reason. This User Agreement shall continue in force until terminated by either party. Termination shall not remove the obligations of User pertaining to services or materials received or charges incurred at the time of such termination.