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Conscious Investor® Software License Agreement
[Private Investor]

Upon installing the Conscious Investor® Software or using any of the associated services such as the Conscious investor Forum, the Participant agrees to the Terms and Conditions contained within the Software License Agreement.

LICENSE AGREEMENT

This is a legal agreement between you (either an individual or an entity, hereinafter known as "Licensee"), and Conscious Investing USA Inc (herein known as "Licensor").

By subscribing to use the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may return the Software and all accompanying items to Licensor.

Grant of License

Conscious Investing USA Inc hereby grants the Participant a limited, non-exclusive, non-transferable license subject to the terms and conditions contained herein to use the Conscious Investor™ Software and associated services such as the Conscious Investor Forum (called "the Software" in this Agreement).

You are only licensed to use the Software on a single computer, on its temporary replacement, or on a subsequent computer.

If you wish to use the Software on more than one computer, you must purchase an additional License of the Software. The Licensor may in some instances allow the Software to be installed on a second machine for the sole use by the Licensee. Any such permission must be provided, in writing, by the Licensor to the Licensee. 

Forum and Other Services

The participant agrees that as part of this license he or she will follow the rules and other posted guidelines of the Conscious Investor Forum and other associated services.

Confidentiality

The Licensee hereby agrees that the documents, concepts, ideas, calculations, formulae, intellectual property and any other materials or information (whether written or oral) given to the Licensee are strictly  confidential and remains the property of Conscious Investing USA Inc.

These materials may only be used solely by the Licensee and may not be adopted or used for any other purpose, or in particular to conduct any other promotional or marketing activity without the prior written consent of Conscious Investing USA Inc.

In addition, the materials are subject to copyright and are proprietary to Conscious Investing USA Inc. No part thereof may be reproduced or distributed in any form for any purpose without prior written consent of Conscious Investing USA Inc.

Ownership

This Agreement does not pass on any intellectual property or other ownership rights in the Software. You acknowledge that the rights to the Software, all training materials, client communications and other related materials are the exclusive property of Conscious Investing USA Inc.

By accepting this Agreement, you do not become the owner of the Software, but you do have the right to use the Software in accordance with the terms of this Agreement.

You agree to use your best efforts and to take all reasonable steps to  protect the Software from illegal use, reproduction or illicit distribution.

Software Suggestions

Conscious Investing USA and its affiliates welcome member suggestions for enhancing the software, training and member services.

All suggestions will be carefully considered although Conscious Investing USA can make no guarantees that the suggestions will be acted upon.

Any suggestions provided to Conscious Investing USA become the sole property of Conscious Investing USA and its affiliates, regardless of whether they are acted upon or not. In the event that a suggestion is acted upon, the member understands and agrees that there is no transfer of ownership in the software to the member. As such, the member will not be entitled to any compensation whatsorver other than that offered at the sole discretion of Conscious Investing USA.

Technical Support

The Licensor agrees to provide a reasonable amount of technical support to the Licensee for the term of the License period. 

In the first instance it is the obligation of the Licensee to make use of the material within the software including, but not limited to, the Help files and the material supplied through the website including, but not limited to, the various articles, member forums and knowledge base. If this proves inadequate, the Licensee may be given email support. Where a problem cannot be resolved by email, a representative of Conscious Investing USA Inc will phone the Licensee at a mutually convenient time. 

GENERAL LICENSE TERMS

Use Limitations

You may not rent, lease, lend, sublicense, time-share, distribute, sell or assign the license to use this Software. In no event may you or any other party modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on this Software or related materials.

You must not do any act, which infringes upon the copyright in the Software; create a derivative work from the Software or related materials by any means; or use it for any purpose other than for your own personal investment decision making. You must keep all reports generated by the Software confidential and no distribute reports to third parties.

If you wish to use the Software with third parties, you must apply for a Corporate License and specify the nature and extent of the third parties with whom you wish to share the information.

Nor may you use this Software on more than one computer or terminal, unless expressly permitted in writing by Conscious Investing USA Inc.

You may make backup copies of the Software strictly for your own archival purposes. Except as explicitly permitted pursuant to this Agreement, you may not otherwise distribute, copy, reproduce, sublicense, sell or otherwise distribute the licensed Software or any confidential information or reports.

Disclaimer of Warranty

This Software is provided as is. To the extent permitted by applicable law, the Licensor and its suppliers do not and cannot warrant the performance or results that you may obtain by using the Software.

The Licensor and its suppliers make no warranty of any kind, express or implied, including without limitation, any warranties of merchantability and/or fitness for a particular purpose.

Exclusion of Consequential, Incidental and Special Damages

To the extent permissible by law, neither the Licensor nor its suppliers  shall be liable for any consequential, incidental or special damages, including lost profits, lost savings or other incidental or consequential  damages arising out of the use of or inability to use the licensed Software, even if the Licensor and its suppliers have been advised of the possibility of such damages.

Limitation of Liability

In no event will the Licensor's liability for any damages ever exceed the lower of suggested list price or actual price paid for the Software.

Termination of Liability

To the extent that Licensor, notwithstanding the above disclaimers, remains legally liable to the Licensee, such liability shall be three months from the Date of this Agreement.

Limitation on transfer of intellectual property rights in the Software

This Software is owned by the Licensor, and its structure, organization and code are the valuable trade secrets of the Licensor. The Software is also protected by the United States Copyright law and International Treaty provisions.

You may not copy the Software, except as provided in this Agreement. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.

You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the  Software.

Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in the trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

International Law and Export

This Agreement will not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by USA export laws, restrictions or regulations.

Date of Agreement

The "Date" of this Agreement, as used herein and in all previous and subsequent sections, shall be the day that Licensor receives the licensed Software.

Third Party Data Carriers

You acknowledge that Conscious Investing USA Inc obtains data from third parties, namely:

1) ASX Data is supplied by Aspect Financial of Sydney, Australia &

2) USA & Canadian Data is supplied by Media General Financial Services (MGFS) Inc of Virginia, USA.

Data suppliers may change from time to time at the discretion of Conscious Investing USA Inc.

Conscious Investing USA Inc will not be liable for the failure to supply the data provided by the above-mentioned carriers. The material supplied by the data carriers is subject to a claim of copyright and is published under license from those companies.

Conscious Investing USA Inc and its third party data carriers will not be liable for any loss or damages of any kind whatever (including, without limitation, consequential loss or damages) in respect of any goods or services supplied or to be supplied in accordance with this Agreement whether arising from any act or omission (and whether negligent or not) of the carriers, their servants, agents or independent contractors, or otherwise.

The data carriers shall have no liability for delays or non-performance occasioned by causes beyond its control, including but not limited to acts of God, fires, inability to obtain materials, strikes or other labor actions, breakdown of equipment, delays or shutdowns of carriers or suppliers, and government acts or regulations.

The data carriers base their data on sources believed by each organization to be reliable and each organization will endeavor to insure that the data contained in the licensed data is complete, accurate and timely. However, the data carriers and Conscious Investing USA Inc do not represent, warrant, or guarantee such completeness, accuracy or timeliness, and it shall have no liability of any kind whatsoever to the Licensee, or to any other party, on account of any incompleteness of, inaccuracies in or untimeliness of the data provided hereunder or for any delay in reporting such data. 

There are no express or implied warranties of any kind with respect to the data provided under this Agreement.

The Licensee understands and agrees that the resale or redistribution of any data obtained from the Software or through Conscious Investing USA Inc is prohibited.

Termination of Agreement

At any time Conscious Investing USA Inc has the right to immediately terminate the Agreement and demand that you return the Software. No reason need be given for this termination. At that time, you must also certify in writing that you have not retained any copies of the Software or any other materials supplied by the company.

Arbitration

In the event that the Licensor brings any claims of any nature against Conscious Investing USA Inc; its affiliates, directors or officers, then the Licensee must agree to submit to independent arbitration.  

Governing Law

This Agreement is construed to be governed by, and interpreted in accordance with, the laws of New South Wales, Australia, and Iowa, USA.. 

Copyright 2001 Conscious Investing USA Inc. All rights reserved. No material may be reproduced, except as allowed by the Copyright Act, without the prior written approval of Conscious Investing USA Inc.

Some of the data and analysis provided by Aspect Financial Pty Ltd is copyright and is published under licence from ASX Operations Pty. Limited ACN 004 523 782 ("ASXO"). Some share price information supplied by the Centre for Research in Finance, AGSM Limited.

Copyright 2001 Conscious Investing USA Inc. All rights reserved.

 

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