SOFTWARE AS A SERVICE (SaaS) SUBSCRIPTION AGREEMENTThis Software as a Service (SaaS) Agreement (the “Agreement”) Software as a service (SaaS) is a software distribution model in which a third-party provider (FRAME) hosts applications and makes them available to you (“Client”) over the Internet. This document sets forth the obligations and conditions between the Client and The NKD Group, Inc, a Delaware limited liability company (“Provider”), relating to your use of the Serviced defined herein. Please read this Agreement carefully. Your use of the Services is expressly conditioned on your acceptance of this Agreement
BY CLICKING THE “WINORS” ICON ABOVE, AND/OR BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, DO NOT USE THE SERVICES AND EXIT IMMEDIATELY.Recitals
1. Software Subscription
a. Provider grants to Client and Client accepts from Provider, a limited, non-exclusive, non-transferable right to access and use and permit Authorized Users to access and use the Services solely for Client’s internal business use. The Services shall not be used by Client or by Authorized Users for, or on behalf of, third parties that are not authorized under this Agreement. Client shall use its best efforts to ensure that the Authorized Users use the Services in accordance with the terms and conditions of this Agreement. Client acknowledges that its right to use the Services will be web-based only pursuant to the terms of this Agreement and the Software will not be installed on any servers or other computer equipment owned or controlled by Client or otherwise provided to Client
The NKD Group, Inc. "WinORS”, “WinORSfx”, “WinORSe-AI , WinORSe-AI 2017” Software License Agreement (effective date: 01-JAN-2007)
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING AND INSTALLING WinORS OR THE e-BOOK SOFTWARE. DOWNLOADING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, CLICK ON THE "DO NOT ACCEPT" BUTTON AND DO NOT INSTALL WinORS OR THE e-BOOK SOFTWARE.
The NKD Group, Inc., has no obligation to monitor the Communication Services. However, The NKD Group, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The NKD Group, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.The NKD Group, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The NKD Group, Inc.'s sole discretion.Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The NKD Group, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, The NKD Group, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, student employees of The NKD Group, Inc. and other hosts are not authorized spokespersons of The NKD Group, Inc., and their views do not necessarily reflect those of The NKD Group, Inc.
The NKD Group, Inc. (NKD) is committed to your privacy. This policy sets out the privacy practices for the entire NKD web site and all software products produced and marketed by The NKD Group, Inc.
The NKD Guarantee
NKD will never willfully disclose information that identifies an individual visitor/software-user to any third party without first obtaining that individual's permission.
Information Gathered and Its Use
All information is gathered for the purpose of allowing us to offer quality online content and other services to our visitors/software-users.
We may occasionally ask that you provide us with information such as:
The Visitor and Software-User is in Control
Control over communications directed to you is placed entirely in your hands. When NKD collects name and address information about you:
End-User Warranty and License Agreement
Grant of License (Effective Date: Jan-2010)The NKD-Group, Inc. has authorized download by you of one copy of the electronic book (e-Book) titled: “Applied Risk Management: Derivatives, Neuroeconomics, and Automated Trading” by Gordon H Dash and Nina Kajiji.
The NKD-Group, Inc. grants you a nonexclusive, nontransferable license to use the e-Book according to the terms and conditions herein. This License Agreement permits you to install the e-Book for your use only.
RestrictionsYou shall not: (1) resell, rent, assign, timeshare, distribute, or transfer all or part of the e-Book or any rights granted hereunder to any other person; (2) duplicate the e-Book, except for a single backup or archival copy; (3) remove any proprietary notices, labels, or marks from the e-Book ; (4) transfer or sublicense title to the e-Book to any other party.
PrintingYou may print pages of the e-Book’s text for your personal use. Printing is restricted to users of the WinORSe-AI software system. You cannot distribute copies of your printed pages to any other person as it is violation of the copyright law. Other than as set forth above, you may not print pages and/or distribute e-Book content to others. The stand-alone e-Book viewer will permit you to read but not print any pages.
Intellectual Property ProtectionThe e-Book is owned by The NKD-Group, Inc. and is protected by United States and international copyright and other intellectual property laws. The NKD-Group, Inc. reserves all rights in the e-Book not expressly granted herein. This license and your right to use the e-Book terminate automatically if you violate any part of this Agreement. In the event of termination, you must destroy the original and all copies of the e-Book.
Limited WarrantyThe NKD-Group, Inc. warrants that the files containing the e-Book a copy of which you authorized to download are free from defects in the operational sense that they can be read by a PDF Reader.
EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE NKD-GROUP, INC. MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND THE NKD-GROUP, INC. SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. THE NKD-GROUP, INC. DOES NOT WARRANT THAT THE OPERATION OF THE E-BOOK WILL BE UNINTERRUPTED OR ERROR FREE.
If the e-Book was purchased in the United States, the above exclusions may not apply to you as some states do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights that vary from state to state.
Limitation of LiabilityIN NO EVENT WILL THE NKD-GROUP, INC. BE LIABLE FOR ANY DAMAGES, WHETHER RISING FOR TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RISING OUT OF THE USE OR INABILITY TO USE THE E-BOOK.
GeneralThis Agreement constitutes the entire agreement between you and The NKD-Group, Inc. and supersedes any prior agreement concerning the e-Book. This Agreement is governed by the laws of the State of Delaware without reference to conflicts of laws provisions.
(c) 1998-2019 by The NKD-Group, Inc.www.NKD-Group.com