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You can use the Yahoo
& Google Quotes Downloader (the Software) only if you agree to the following terms.
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TRADERY.COM PROVIDES THE SOFTWARE "AS-IS" AND
PROVIDED WITH ALL FAULTS. NEITHER TRADERY.COM NOR ANY OF ITS SUPPLIERS OR
RESELLERS MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TRADERY.COM AND
ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM
INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE,
OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE,
QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF
SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE
SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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THIS SOFTWARE DEPENDS ON CERTAIN DATA TRANSFER
PROTOCOLS THAT HAVE BEEN DEVELOPED AND ARE MAINTAINED BY YAHOO AND GOOGLE. YAHOO
OR GOOGLE MAY
DECIDE TO CHANGE THESE PROTOCOLS AT ANY TIME WITH OR WITHOUT NOTICE.
TRADERY.COM WILL MAKE ANY REASONABLE EFFORT TO KEEP THE SOFTWARE UP TO DATE
IN RESPECT TO THESE CHANGES, BUT DOES NOT GUARANTEE THE TIMELINESS OF THESE
UPDATES, OR THAT IT WILL EVEN BE POSSIBLE TO INCORPORATE SOME OR ALL OF
THESE CHANGES. SOME OF THE CONSEQUENCES OF SUCH CHANGES BY YAHOO OR GOOGLE COULD BE: INACCURATE OR UNAVAILABLE MARKET DATA, POOR PERFORMANCE AND
OTHERS. YOU ASSUME THE ENTIRE RISK OF ALL SUCH OCCURRENCES, AS WELL AS THE
RISK THAT THE SOFTWARE MAY BE RENDERED TEMPORARILY OR PERMANENTLY, IN PART
OR COMPLETELY NONFUNCTIONAL BY SUCH CHANGES.
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TRADERY.COM DOES NOT MAKE ANY GUARANTEE THAT THIS SOFTWARE COMPLIES OR WILL
CONTINUE TO COMPLY WITH THE YAHOO AND GOOGLE TERMS OF SERVICE OR ANY OTHER AGREEMENTS
BETWEEN YAHOO OR GOOGLE AND YOU. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR COMPLYING
WITH THE YAHOO OR GOOGLE TERMS OF SERVICE AND ANY OTHER AGREEMENTS BETWEEN YAHOO
OR GOOGLE AND
YOU.
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DATA IS DOWNLOADED EXACTLY AS PROVIDED BY YAHOO AND GOOGLE, AND TRADERY.COM DOES NOT
GUARANTEE THE DOWNLOADED DATA QUALITY OR ACCURACY.
- Limitation Of Liability. Neither Tradery.com nor anyone else who
has been involved in the creation, production or delivery, of this software or
its accompanying documentation shall be liable for any direct, indirect,
incidental, special, exemplary or consequential damages whatsoever, including
but not limited to any loss of actual or anticipated profits or benefits,
resulting from the use of the software or its documentation.
- Termination. You may terminate this agreement by returning all your
copies of the software and documentation to Tradery.com. This license
terminates automatically and without notice to you if you fail to comply with
any provisions of this agreement. You agree to return all copies of the
software and documentation to Tradery.com upon termination.
- Complete Agreement. You acknowledge that you have read this license
agreement and that it is complete and exclusive agreement between you and
Tradery.com regarding the software and its documentation. This License shall
be governed by and construed in accordance with the laws of the State of
California, United States of America, as if performed wholly within the state
and without giving effect to the principles of conflict of law. If any portion
hereof is found to be void or unenforceable, the remaining provisions of this
License shall remain in full force and effect. This License constitutes the
entire License between the parties with respect to the use of the Software
- General Provisions. Tradery.com reserves all rights not expressly
granted herein. Tradery.com may modify this Agreement at any time by providing
such revised Agreement to you or posting the revised Agreement on his website
presently located at http://www.amichel.com/ydownloader/. Your continued use of the
Software shall constitute your acceptance of such revised Agreement. Nothing
in this Agreement shall constitute a partnership or joint venture between you
and Tradery.com. Should any term or provision hereof be deemed invalid, void
or unenforceable either in its entirety or in a particular application, the
remainder of this Agreement shall nonetheless remain in full force and effect.
- YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY
CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS
TERMS AND CONDITIONS AND GRANT TO Tradery.com THE RIGHTS SET FORTH HEREIN.
- USE
AT YOUR OWN RISK!
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