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Risk Disclosure
This CD-ROM seminar is being provided by The PitMaster, and comes primarily from
the tips offered on his two websites www.PitNews.com and www.ThePitMaster.com.
Remember, this application is meant to be used as a Track 'n Trade instructional tool
only. When investing real money, please consult a licensed broker.
Track 'n Trade is basically a game, it is a market simulator, think about it; you would
not go out to the airport, rent a plane and just start flying because you were able to
successfully fly your computerized jet flight simulator program would you? Make sure
you use this Track 'n Trade Pro and Gecko Software service to familiarize yourself with
the market terminology and strategies, but make sure you consult a competent broker
(instructor) before attempting your first flight in the market.
We make no guarantees that this software or any software Gecko manufactures will
function properly on all computer systems. It seems to work great on our systems and
the systems we tested it on. Your system may have configuration problems that may
effect this products functionality that we my be unaware of. We recommend:
Min. System Requirements
• Windows Media Player 7
• Windows 98 or later.
• MSIE 4.0 or greater
• 1024x768, 16bit Color, screen properties
Hypothetical or simulated performance results have certain limitations. Unlike an
actual performance record, simulated results do not represent actual trading. Also,
these trades have NOT actually been executed, and come with 20/20 hindsight of the
market. The resulting examples have been extremely over and under compensated
for educational impact of certain market factors, such as lack of liquidity.
No representation is being made that any account will or is likely to ever achieve
profits or losses similar to those shown. The risk of loss in trading futures and options
can be substantial; therefore only genuine "risk" funds should be used in such trading.
Futures and options may not be suitable investments for all individuals and individuals
should carefully consider their financial condition in deciding whether to trade. Option
traders should be aware that the exercise of a long option would result in a futures
position.
COPYRIGHT NOTICE: ALL materials on this CD-ROM are copyrighted and
considered to be intellectual property of Gecko Software, Inc. Any transmission,
reproduction or duplication what so ever is strictly prohibited, offenders will be
prosecuted. All other trademarks are property of their respective owners.
LICENSE AGREEMENT: IMPORTANT-READ CAREFULLY: This Gecko End-User
License Agreement (“EULA”) is a legal agreement between you (either an individual or
a single entity) and Gecko Corporation for the Gecko software product identified
above, which includes computer software and may include associated media, printed
materials, and “online” or electronic documentation and data (“SOFTWARE
PRODUCT”). The SOFTWARE PRODUCT also includes any updates and
supplements to the original SOFTWARE PRODUCT provided to you by Gecko. Any
software provided along with the SOFTWARE PRODUCT that is associated with a
separate end-user license agreement is licensed to you under the terms of that license
agreement. By installing, copying, downloading, accessing or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do
not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT;
you may, however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE: The SOFTWARE PRODUCT is protected by
copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Track 'n Trade CD-ROM Software. You may install and use one copy of the
SOFTWARE PRODUCT on one computer system at a time. You may not allow
remotely connected COMPUTERS, nor to invoke application sharing of the software.
This connection includes any indirect connections made through software or hardware
which pools or aggregates connections. This license is not the right to lend out copies
of this software to your friends and family. The SOFTWARE can only be executed and
running on one COMPUTER at a time; no simultaneous use is allowed without the
purchase of additional licenses.
Storage/Network Use. You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network server, used only to install or run
the SOFTWARE PRODUCT on your other COMPUTERS over an internal network;
however, you must acquire and dedicate a license for each separate COMPUTER on
or from which the SOFTWARE PRODUCT is installed, used, accessed, displayed or
run. A license for the SOFTWARE PRODUCT may not be shared or used concurrently
on different COMPUTERS.
License Pak. If this package is a Gecko License Pak, you may install and use
additional copies of the computer software portion of the SOFTWARE PRODUCT up
to the number of copies specified above as “Licensed Copies”.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Academic Edition Software. If the SOFTWARE PRODUCT is identified as “Academic
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contact the Gecko Sales Information Center in the USA at 435-752-8026.
Not For Resale Software. If the SOFTWARE PRODUCT is labeled “Not For Resale” or
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on more than one single COMPUTER.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single
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respect to technical information you provide to Gecko as part of the Support Services,
Gecko may use such information for its business purposes, including for product
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Software Transfer. The initial user of the SOFTWARE PRODUCT may make a one-
time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an
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Termination. Without prejudice to any other rights, Gecko may terminate this EULA if
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destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
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properly licensed to use a product identified by Gecko as being eligible for the upgrade
in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an
upgrade replaces and/or supplements the product that formed the basis for your
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of a component of a package of software programs that you licensed as a single
product, the SOFTWARE PRODUCT may be used and transferred only as part of that
single product package and may not be separated for use on more than one computer.
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PRODUCT (including but not limited to any images, photographs, animations, video,
audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the
accompanying printed materials, and any copies of the SOFTWARE PRODUCT are
owned by Gecko or its suppliers. All title and intellectual property rights in and to the
content which may be accessed through use of the SOFTWARE PRODUCT is the
property of the respective content owner and may be protected by applicable copyright
or other intellectual property laws and treaties. This EULA grants you no rights to use
such content. All rights not expressly granted are reserved by Gecko.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT 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 single computer. You may not use or
install the other medium on another computer. You may not loan, rent, lease, lend or
otherwise transfer the other medium to another user, except as part of the permanent
transfer (as provided above) of the SOFTWARE PRODUCT.
6. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT
pursuant to this EULA, you may keep the original media on which the SOFTWARE
PRODUCT was provided by Gecko solely for backup or archival purposes. If the
original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you
may make one copy of the SOFTWARE PRODUCT solely for backup or archival
purposes. Except as expressly provided in this EULA, you may not otherwise make
copies of the SOFTWARE PRODUCT or the printed materials accompanying the
SOFTWARE PRODUCT.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided
to the U.S. Government pursuant to solicitations issued on or after December 1, 1995
is provided with the commercial license rights and restrictions described elsewhere
herein. All SOFTWARE PRODUCT provided to the U. S. Government pursuant to
solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as
provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
(OCT 1988), as applicable.
8. EXPORT RESTRICTIONS. You agree that you will not export or re-export the
SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct
product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the
“Restricted Components”), to any country, person or entity subject to U.S. export
restrictions. You specifically agree not to export or re-export any of the Restricted
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export of goods or services, which currently include, but are not necessarily limited to
Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such
country, wherever located, who intends to transmit or transport the Restricted
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reason to know will utilize the Restricted Components in the design, development or
production of nuclear, chemical or biological weapons; or (iii) to any person or entity
who has been prohibited from participating in U.S. export transactions by any federal
agency of the U.S. government. You warrant and represent that neither the BXA nor
any other U.S. federal agency has suspended, revoked or denied your export
privileges. MISCELLANEOUS This EULA is governed by the laws of the State of Utah.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact
Gecko for any reason, please contact Gecko on the World Wide Web at:
www.GeckoSoftware.com.
LIMITED WARRANTY Gecko warrants that the SOFTWARE PRODUCT will perform
substantially in accordance with the accompanying written materials for a period of
ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or
state/provincial law prohibits disclaimer of it, you also have an implied warranty or
condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF
THIS LIMITED WARRANTY (NINETY (90) DAYS). AS TO ANY DEFECTS
DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY
OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on
duration of an implied warranty, so the above limitation may not apply to you. Any
supplements or updates to the SOFTWARE PRODUCT, including without limitation,
any (if any) service pack or hot fixes provided to you after the expiration of the ninety
(90) day Limited Warranty period are not covered by any warranty or condition,
express or implied.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES Your
exclusive remedy for any breach of this Limited Warranty is as set forth below. Except
for any refund elected by Gecko, YOU ARE NOT ENTITLED TO ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the
SOFTWARE PRODUCT does not meet Gecko’s Limited Warranty, and, to the
maximum extent allowed by applicable law, even if any remedy fails of its essential
purpose. The terms “Exclusion of Incidental, Consequential and Certain Other
Damages” below are also incorporated into this Limited Warranty. Some
states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty gives you specific legal rights. You may have others which vary
from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY Gecko and its suppliers’ entire liability and your
exclusive remedy shall be, at Gecko’s option from time to time, (a) return of the price
paid (if any) for, or (b) repair or replacement of, the SOFTWARE PRODUCT that does
not meet this Limited Warranty and that is returned to Gecko with a copy of your
receipt. You will receive the remedy elected by Gecko without charge, except that you
are responsible for any expenses you may incur (e.g. cost of shipping the SOFTWARE
PRODUCT to Gecko). This Limited Warranty is void if failure of the SOFTWARE
PRODUCT has resulted from accident, abuse, misapplication, abnormal use or a
virus. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is longer. Outside the United
States or Canada, neither these remedies nor any product support services offered by
Gecko are available without proof of purchase from an authorized international source.
To exercise your remedy, contact: Gecko, Attn. Gecko Sales Information Center at the
Web address specified above.
DISCLAIMER OF WARRANTIES The limited warranty that appears above is the only
express warranty made to you and is provided in lieu of any other express warranties
(if any) created by any documentation or packaging. Except for the limited warranty
and to the maximum extent permitted by applicable law, Gecko and its suppliers
provide the SOFTWARE PRODUCT and Support Services (if any) AS IS AND WITH
ALL FAULTS, and hereby disclaim all other warranties and conditions, either express,
implied or statutory, including, but not limited to, any (if any) implied warranties or
conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of
accuracy or completeness of responses, of results, and of lack of negligence or lack of
workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of
or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD
TO THE SOFTWARE PRODUCT.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES To the maximum extent permitted by applicable law, in no event shall
Gecko or its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits or
confidential or other information, for business interruption, for personal injury, for loss
of privacy, for failure to meet any duty including of good faith or of reasonable care, for
negligence, and for any other pecuniary or other loss whatsoever) arising out of or in
any way related to the use of or inability to use the SOFTWARE PRODUCT, the
provision of or failure to provide Support Services, or otherwise under or in connection
with any provision of this EULA, even in the event of the fault, tort (including
negligence), strict liability, breach of contract or breach of warranty of Gecko or any
supplier, and even if Gecko or any supplier has been advised of the possibility of such
damages.
LIMITATION OF LIABILITY AND REMEDIES Notwithstanding any damages that you
might incur for any reason whatsoever (including, without limitation, all damages
referenced above and all direct or general damages), the entire liability of Gecko and
any of its suppliers under any provision of this EULA and your exclusive remedy for all
of the foregoing (except for any remedy of repair or replacement elected by Gecko
with respect to any breach of the Limited Warranty) shall be limited to the greater of
the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00. The
foregoing limitations, exclusions and disclaimers described above shall apply to the
maximum extent permitted by applicable law, even if any remedy fails its essential
purpose.
Hypothetical or simulated performance results have certain limitations. Unlike an
actual performance record, simulated results do not represent actual trading. Also,
since the trades have not actually been executed, the results may have over or under
compensated for impact, if any, of certain market factors, such as lack of liquidity. No
representation is being made that any account will or is likely to achieve profits or
losses similar to those shown. The risk of loss in trading futures, stocks and options
can be substantial; therefore only genuine “risk” funds should be used in such trading.
Futures, stocks and options may not be suitable investments for all individuals and
individuals should carefully consider their financial condition in deciding whether to
trade. Option traders should be aware that the exercise of a long option would result in
a futures or stock position.
MISCELLANEOUS LIMITATIONS Gecko Software, Inc. guarantees customer
satisfaction. Gecko provides demo versions of all our software, which allows you to
“try-before-you-buy”. Once you have purchased a retail version of any Gecko product,
you can return the product for a full refund within 30 days after the purchase date, no
questions asked; as long as the package has not been opened. Once the package
has been opened, Gecko can no longer accept the product back on return; due to
possible copyright, trademark and software infringement issues.