MyPivots (TM) Software License Agreement
This MyPivots Software License Agreement is a legal agreement between you, either an individual or a single entity and MyPivots, its principals and copyright holders, for the MyPivots software product, "the Software", which includes computer software and associated media and printed materials, and may include online or electronic documentation, "the Related Documentation".
The DelaT1 software is one of the products offered by MyPivots and includes the following:
- T1 indicator
- DeltaT indicator
- Other indicators issued specifically as updates to these
The functionality of each product is defined on the
Please read this license carefully before using or buying the Software. By
installing, copying, or otherwise using the Software, you agree to be bound by
the terms of this License Agreement.
If you do not agree to the terms of this license, promptly uninstall the unused Software and Related Documentation and delete any install files.
This is a non-exclusive license, not a sale.
MyPivots(TM) Software License
The Software whether on disk, in read only memory, or on any other media as well as the Related Documentation are licensed to you by MyPivots. MyPivots retains title to the Software and Related Documentation.
This License allows you to use the Software on a single computer and make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the MyPivots copyright notice, and any other proprietary legends that were on the original copy of the Software. You are not allowed to transfer possession of the Software in whole or in part, the backup copy of the Software, the Related Documentation or a copy of this License to another party.
This Software is copyrighted and protected under the terms of the United States Copyright Law and the European Community.
You specifically agree that you will only use this Software for personal use and will not use it for commercial use of any kind. If you want to use the Software for commercial purposes you must obtain a special license from MyPivots.
You may receive the Software in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your computer. You may use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by MyPivots.
Therefore, you must treat the Software like any other copyrighted material except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) install the Software on a single computer provided you keep the original solely for backup or archival purposes.
The unique features of the Software, especially (but not limited to) Strategies outlined for its use, are owned by MyPivots as an intellectual property. And may not be copied (in any form), rebuild, imitated, reproduced, reverse-engineered, or simulated in any other commercial or non-commercial software product, unless by explicit approval by MyPivots.
The Software contains copyrighted material and other proprietary material. You may not modify, network, rent, lease, loan, distribute, or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software and Related Documentation from one computer to another or over a network.
The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
This License is effective until terminated. A termination will take place when
- You terminate this License by destroying the Software and Related Documentation and all copies thereof. You may do so any time.
- You fail to comply with any provision of this License. This termination will take place immediately without notice from MyPivots.
Upon termination, you must destroy the Software and Related documentation,
and all copies thereof.
Notwithstanding such termination, the limitations on warranties and liability and your undertakings as regards intellectual property as set out in this License shall continue to remain in force.
Disclaimer of Warranty
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MyPivots DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL MyPivots , IT'S PRINCIPALS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, FROM THE MISUSE OR INAPPROPRIATE USE OF THE SOFTWARE OR THE FAILURE TO COMPLY WITH THE PROVISION OF THIS LICENSE, EVEN IF MyPivots HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In particular, there is no warranty for the occasional malfunctioning of the Software during trading, which may result in losses or gains. In any case you must assume the entire risk of using the Software.
Good trading procedure dictates that any trading-program be thoroughly tested by the user with non-critical trades and/or simulation before relying on it. The user must assume the entire risk of using the Software.
U.S. Government Restricted Rights
The Software and Related Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Controlling Law and Severability
This License shall be governed by and construed in accordance with the laws of the United States and the Laws of the States of the European Community.
If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
In the event that you contact or receive help from any third party, a party related to, or any representative or agent of MyPivots regarding the use of this Software, such agent is in no way authorized to modify this License in any way, and any contact or correspondence you have with such agent shall in no way modify this License. The only method for modifying this License is a written agreement between you and MyPivots that has been signed by MyPivots.
MyPivots and it's principals and copyright holders makes no warranty or representation, either express or implied, with respect to this software, the hardware, or documentation, including their quality, performance, merchantability, or fitness for a particular purpose.
The warranties and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied.
Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for the incidental or consequential damages, so the above limitation or exclusions may not apply to you.
DelatT1 and its copyright holders retains all rights not expressly granted. Nothing in this license constitutes a waiver of MyPivots's rights under the United States copyright laws or any other federal or state law. No redistribution to any individual or other entity is allowed under this license.
You are granted through this license agreement the right to use personally the code provided to you to back-test and modify as you see fit. Results of any modifications are not the responsibility of MyPivots or its principals or copyright holders.
This License constitutes the entire agreement between the parties with respect to the use of the Software and the Related Documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment or modification of this License will be binding unless in writing and signed by MyPivots.