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
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.
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.
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.
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
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
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
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
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
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
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
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
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,
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
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.
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.
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.