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9. CONFIDENTIALITY.
You shall keep the Information in strict confidence and not disclose the Information to any third party. In particular, you
shall restrict access to the Information to those employees who need access to the Information to enable you to use
the Software as contemplated by this end-user license agreement and who will maintain the confidentiality of the
Information. You shall not transfer or otherwise disclose (i) the Software, (ii) any associated software programs
derived or developed from the Software, or (iii) the results of any benchmark tests run
on the Software, without the prior express written approval of The Foundation for the Study of Cycles, Inc. If you
become aware of any unauthorized disclosure or use of the Information, you shall immediately notify The Foundation
for the Study of Cycles, Inc. You shall include the Software's proprietary notice on all copies of the Software, in whole
or in part and in any form, made by you. You will not defeat protection methods used for preventing unauthorized uses
of the Software. The obligations of this Section shall survive termination of this end-user license agreement.
10. POTENTIAL RISKS OF USE.
You shall only use the product manual for learning the mechanics of the Software. Product user manuals and training
and education materials are intended to assist you in the proper use of this Software Product in assimilated, not a
real, trading environment. You acknowledge and agree that you should not, and will not, use or rely on the Software
Product for actual investment or trading activities or decisions. You also agree that you have sole and complete
responsibility for any decisions that you make or actions that you take or do not take in reliance upon the Software
Product. You understand that, by making the Software Product available to you, The Foundation for the Study of
Cycles, Inc. is not recommending, promoting, or endorsing any particular investment, market data, or trading
strategies.
11. TERM AND TERMINATION.
The term of this FSCTS EULA and the license granted to you will continue until it is terminated as provided in this
Section, without prejudice to any other rights. The Foundation for the Study of Cycles, Inc. may have, the license
granted under the FSCTS EULA will terminate automatically in the event you should violate any provision of this
agreement or, if you area Foundation for the Study of Cycles, Inc. customer, your Account Agreement. You may
terminate or cancel the license granted by discontinuing use of the Software Product and providing The Foundation
for the Study of Cycles, Inc. written notice and returning the hardware security key. In the event of termination, for any
reason, you shall immediately delete the Software Product from your computer(s), return the hardware security key,
and either destroy any tangible media containing the Software Product or return it to The Foundation for the Study of
Cycles, Inc. You understand that The Foundation for the Study of Cycles, Inc. may discontinue technical and
customer support for this Software Product at any time without any recourse by you.
12. DISCLAIMER OF WARRANTIES.
THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. ALLWARRANTIES
ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDINGBUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, NON- INFRINGEMENT, OR
THAT THE SOFTWARE PRODUCT'S FUNCTIONS WILLMEET YOUR REQUIREMENTS OR THAT ITS
OPERATION WILL BE UNINTERRUPTED OR ERRORFREE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. THIS DISCLAIMER APPLIES TO AND IS
FOR THE BENEFIT OF The Foundation for the Study of Cycles, Inc., ITS PARENT, THEIRAFFILIATES, AGENTS,
VENDORS, AND LICENSORS.
13. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall The Foundation for the Study of Cycles, Inc.,
his affiliates, agents, vendors, or licensors be liable to you or any third party for any damages of any kind, including
but not limited to punitive, exemplary, special, incidental, indirect, or consequential damages (for example, loss of
personal or business profits, business interruption, loss of business information, or any other pecuniary loss) arising
out of the use of or inability to use the Software Product or the provision of or failure to provide Support Services. This
limitation applies even if The Foundation for the Study of Cycles, Inc. has been advised of the possibility of such
damages and regardless of the form of action, whether in contract, tort(including negligence), strict liability, or
otherwise. The Software is not specifically developed for use in inherently dangerous applications. The Foundation for
the Study of Cycles, Inc., his affiliates, agents, vendors, or its licensors shall not be liable for any claims or damages
to the extent the claims or damages arise from such use.
14. AMENDMENT; WAIVER.
You understand and agree that The Foundation for the Study of Cycles, Inc. may revise the terms and conditions of
this FSCTS EULA at any time, and you agree to be bound by future revisions. It is your responsibility to obtain the
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