Aspen Graphics 4.0 Help
Aspen Research Group, Ltd.
802 Grand Avenue, Suite 120
Glenwood Springs, Colorado 81601
Sales: 800 359 1121
Support: 970 945 2921
Telefax: 970 945 9619
Information in this document is subject to change without notice. No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without the expressed written consent of Aspen Research Group, Ltd.
Aspen Research Group® and Aspen Graphics® are registered trademarks of Aspen Research Group in the United States and other countries.
©2008 Aspen Research Group, Ltd. ALL RIGHTS RESERVED.
Windows®, Windows® NT, Windows® 95 and Windows® 98, Windows 2000®, and Windows XP® are registered trademarks of Microsoft Corporation in the United States and other countries.
This document describes software designed to monitor stocks, commodities, and other market instruments. Using this software to sell or purchase these instruments may have significant financial implications. Please consult a professional before using any Aspen Graphics feature to buy or sell market instruments.
By installing Aspen software, Subscriber acknowledges that he/she has read, understood, accepted, and agreed to all of the following terms and conditions.
LICENSE. Aspen Research Group, Ltd. ("Aspen"), in consideration of the payment of all fees hereunder, and the performance of all terms and conditions set forth herein, grants to Subscriber a non-transferable, non-exclusive License to use the ASPEN software product(s) designated herein ("Licensed Software"); and the Aspen formatted data ("ASPEN Data") which is supplied with or may be accumulated in connection with the use of the Licensed Software.
TITLE TO LICENSED SOFTWARE AND ASPEN DATA: COPYRIGHT. Subscriber acknowledges and agrees that ASPEN owns the Licensed Software and all permitted copies thereof, all ASPEN Data as formatted and provided by ASPEN and as may be accumulated by the Subscriber in connection with its use of ASPEN's products, and any and all copyrights, patents, trademarks, and trade names associated therewith. The Licensed Software and ASPEN Data are and shall remain ASPEN's confidential and proprietary property and a valuable trade secret of ASPEN. ASPEN will, unless Subscriber violates restrictions on Use or other material provisions of this Agreements, defend, indemnify, and hold Subscriber harmless from and against any and all claims, demands, damages, and costs arising from any third party's copyrights or patents. If Subscriber violates the Restrictions on Use or other material provisions of the Agreement, then in addition to any other remedies available to ASPEN, Subscriber will defend, indemnify, and hold ASPEN harmless from an against any and all claims, demands, damages, and costs arising from any third party's claims that the Subscriber's use of ASPEN's products has violated any third party's trade secrets infringed on any third party's copyrights or patents.
RESTRICTIONS ON USE. This Agreement restricts the use and duplication of the Licensed Software and ASPEN Data. The Licensed Software and ASPEN Data shall be used by Subscriber only in a manner consistent with this Agreement, solely for its internal business purposes, only at the location designated herein, and only on a central processing unit (stand-alone or network version ) as designated on the front side of this Contract. Subscriber shall not license, sub-license, sell, give, transfer, disclose, display or otherwise make available the Licensed Software or ASPEN Data or any part thereof to any third party. Subscriber shall not copy, modify, decompile, recompile, disassemble, reverse engineer, make or distribute any other form or derivative work, or use ASPEN's products with or as part of any other product, service or system. Subscriber may make one copy of the Licensed Software solely for backup purposes, and may transfer the Licensed Software to a single hard disk provided that the original is kept only for backup purposes. Subscriber acknowledges that any breach of any provision of this paragraph will cause ASPEN irreparable damage, and may be enjoined through injunctive proceedings, in addition to any other rights and remedies which may be available to ASPEN in law or equity.
RESTRICTIONS ON REDISTRIBUTION OF DATA. This Agreement restricts the redistribution of real-time or delayed data beyond the single stand-alone or network client Licensed herein. Data exported through DDE, OLE ASAP or any other transfer mechanisms may be used in other software applications on the Licensed system only.
EQUIPMENT. Subscriber shall be solely responsible for providing and maintaining at its expense any equipment and data feed necessary to run the Licensed Software, and sufficient electrical and telephone access for ASPEN to provide service. Failure of such equipment to perform as required, or discontinuance of data, will not result in any adjustment to the billing from ASPEN.
NON-RECURRING CHARGES. Subscriber agrees to pay all non-recurring charges, as set forth on the front side hereof, prior to shipping. All shipping and handling charges are the sole responsibility of the Subscriber, and Subscriber shall pay the same as they are billed. Connect fees will not be returned or credited upon termination. In the event of early termination, connect fees will again be due before reconnection.
MONTHLY CHARGES. Subscriber agrees to pay ASPEN no later than the first day of each month prior to service, for the term of this Agreement and each subsequent term, the monthly installment as stated on the front of this Agreement. Upon failure of Subscriber to pay any charge when due, ASPEN may add interest of 1.5 percent per month on the past due amount. Monthly installments for partial calendar months, prior to the first full month of service, shall be appointed. ASPEN may, in its sole discretion, revise the monthly charges specified herein at the end of the first term of any subsequent term upon giving at least 30 days prior written notice. All fees, unless otherwise noted are exclusive of any tariffs, duties, local, state or federal sales, use excise, personal property or other taxes, and all such tariffs, duties or taxes shall be assumed and paid by Subscriber either directly or by billing through ASPEN. All ASPEN charges are subject to revision as specified in this Agreement or as the result of changes or additions to service as requested by Subscriber.
TERM: TERMINATION. The term of this Software License is as described on the front of this Contract. The term begins on the first day of service. This License shall automatically renew at the end of each term for another Minimum Term. UNLESS TERMINATED EFFECTIVE AT THE END OF ANY TERM WITH WRITTEN NOTICE BY EITHER PARTY AT LEAST 30 DAYS PRIOR TO THE END OF THE TERM, ASPEN may, in its sole discretion, terminate the License grated hereby and cancel this Agreement, at any time, without further notice, in whole or in part, upon (a) failure of the Subscriber to pay any charge within 10 days after it becomes due, or (b) failure of Subscriber to comply with any of the other terms and conditions of this Agreement upon termination of this Agreement, all unpaid charges owed to ASPEN shall become immediately due and payable. Subscriber further agrees that upon termination of this License and Agreement it will destroy or return ASPEN all originals and copies of the Licensed Software, ASPEN Data, and other materials provided by ASPEN.
LIMITED PRODUCT WARRANTY. ASPEN will replace, at no charge defective media and product aterials returned within 90 days of purchase. ASPEN will provide another copy of the License Software or ASPEN Data at minimal charge if Subscriber loses or damages it. ASPEN will take reasonable steps to provide that the Licensed Software performs substantially in accordance with ASPEN's specifications as they may be amended from time to time. ASPEN'S ENTIRE LIABILITY, AND SUBSCRIBERS EXCLUSIVE REMEDY, FOR ANY DEFECTIVE PRODUCT IS THE REPLACEMENT OF SUCH DEFECTIVE PRODUCT OR REFUND OF THE PURCHASE PRICE. ASPEN MAKES NO OTHER WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO SUBSCRIBER OR TO ANY OTHER PARTIES. ANY AND ALL WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND EXLCLUDED. SUBSCRIBER IS SOLELY REPONSIBLE FOR DETERMINING THE SUITABILITY OF APSEN'S PRODUCTS AND SERVICES FOR ITS PURPOSES, AND SUBSCRIBER ASSUMES ALL RISKS ASSOCIATED WITH THE PURCHASE AND USE OF ASPEN'S PRODUCTS AND SERVICES. IN NO EVENT SHALL ASPEN BE HELD LIABLE FOR ANY DAMAGES SUFFERED BY SUBSCRIBER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF DATA, OR ANY OTHER DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUBSCRIBER'S USE OF OR INABILITY TO USE ASPEN'S PRODUCTS, EVEN IF ASPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ATTORNEY FEES. In the event of any litigation regarding this Agreement, the substantially prevailing party shall be entitled to an award of reasonable attorney fees and costs, in addition to any other relief awarded.
GENERAL. This written Agreement constitutes the entire Agreement between the Subscriber and ASPEN, and may be modified only in writing. Any failure of ASPEN to insist upon strict performance of any term of this Agreement in any one or more instances, shall not constitute waiver of ASPEN's right to insist on such performance at any other time. If any position of this Agreement is found invalid or unenforceable by any court, such finding shall not affect the validity or enforceability of the remainder of the Agreement which shall continue in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and Subscriber expressly consents to exclusive jurisdiction and venue in the State of Colorado.