This is a legal agreement between you, the end user (“Licensee”), and Auction Profile Analytics, LLC (“Auction Profile Analytics”). Auction Profile (the “Software”) is licensed by Auction Profile Analytics to the original Licensee for use only on the terms set forth here. If you do not agree with the terms, promptly delete the Software from your computer and return all materials to Auction Profile Analytics.
1. Materials. This license applies to the computer readable information contained in the Auction Profile installation, including the Software, Data, Documentation, and all updates to the Software, Data, and Documentation, all of which constitutes the Materials. Auction Profile Analytics retains title and ownership of the Materials. The Materials are protected by United States copyright laws and International treaty provisions.
2. Non-Exclusive License. The original lessee (Licensee) of the Materials is authorized to use the Software on a single computer. Licensee may not network the Software nor have simultaneous access to the Software on more than one computer without paying for additional Licenses. This License is granted only to end users who are subscribing to and paying for the Software. Failure to pay the Auction Profile use fees will result in the immediate termination of this license and the termination of any and all rights to use the Software. The license to use Auction Profile is tied to the specific Ensign Machine ID (NID) that you specify prior to installation. If you purchase a permanent license to use Auction Profile, it is only valid for use with an installation of Ensign Software with the same Ensign Machine ID. Usage of Aucton Profile requires an ongoing active subscription to Ensign software. It will not work without an active Ensign Software subscription and will only work with the same Ensign Machine ID (NID) for which the license was originally issued.
3. Restrictions. Licensee may not:
(a) transfer the Software to other parties by assignment, rental, sale, or other disposition;
(b) remove or obscure the Auction Profile copyright and trademark notices;
(c) decompile, disassemble, reverse engineer, or modify the Software code;
(d) devise or use any method that disables or defeats the software security and authorization.
4. Breach. Any breach of the above restrictions and license agreement is a violation of copyright law and will cause the immediate termination of this license. Auction Profile Analytics shall be awarded necessary costs including reasonable attorney’s fees, damages, and court costs arising from any breach of the above restrictions and license agreement.
5. Limitation of Liability. This agreement will be governed by the laws of the Commonwealth of Virginia. In no event will Auction Profile Analytics, or its sales agents, or its billing agents, distributors, and technical support staff be liable for damages, including, but not limited to, any loss of profits, business interruption, loss of business information, lost savings or investment funds, or other incidental or consequential damages or costs arising out of the use or inability to use the Materials, live data, or software. Auction Profile Analytics will not be responsible for any losses resulting from investment decisions based upon the use of the Software. The Software is licensed to the Licensee with the understanding that Auction Profile Analytics is not engaged in rendering any investment advice.
6. Privacy.Auction Profile Analytics and its affiliates do not distribute Licensee account information to any other company with the exception of Ensign Software to aid in problem resolution. All information gathered by Auction Profile Analytics for account maintenance and software security is held in strict confidence. Licensee agrees to permit Auction Profile Analytics to obtain account and computer information necessary to maintain software security and to share such information with Ensign Software.
9. Disclaimer of Warranty & Limited Warranty. The Materials are provided “as is” without any warranty of any kind. The Licensee accepts the Software, Data, and Documentation, “as is”, with all faults. In the case of a faulty installation, Auction Profile’s entire liability and Licensee’s exclusive remedy shall be a replacement of the faulty installation program. No other verbal or written information shall increase the scope of this warranty agreement. There is no guarantee that Auction Profile will work with future versions of Ensign Software charting platform.
10. Miscellaneous. In the event a provision of this agreement shall be held unenforceable, it shall be deemed severable from the remaining provisions and shall not affect the enforceability of this agreement.
•All version of the Windows Operating System are supported (2000, XP, Vista, 7, etc.)
•17″ monitor with 1024×768 resolution minimum. Ensign can be used with multiple monitors. Larger monitors are preferable and allow you to view more at the same time.
•2 Gigabytes RAM memory or more
•50 Megabytes of hard disk space available
•Intel® Core™ 2 Duo, 2.0 GHz or faster
•Broadband Internet access is required
Additionally, a current, active, ongoing subscription to use Ensign Software Charting platform is required.
There are no refunds on paid subscriptions and Members are solely responsible for cancelling recurring subscriptions a minimum of 3 days prior to the renewal billing date. All subscription sales are final.
By subscribing to the Products and/or Services or viewing this website, you fully understand and agree that all futures, equities, commodities and options markets are subject to numerous implicit and explicit risks, none of which Auction Profile Analytics can control or influence. You therefore acknowledge and agree that all investment decisions you may make, including decisions that take into account or rely on any information provided or made available by or from the Products and/or Services, are yours and yours alone and are made solely at your own risk. You should be aware of all the risks associated with trading and investing and you should seek advice from an independent financial adviser before making any trading or investing decisions.
The risk of loss in trading futures, equities, commodities and options markets can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. When trading on margin, you may sustain a total loss of the initial margin funds and any additional funds that you deposit with your broker to establish or maintain a position. Before deciding to trade and/or invest, you should carefully consider your objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not trade or invest money that you cannot afford to lose.
You also agree to bear complete responsibility for your investment research and decisions and acknowledge that Auction Profile Analytics has not and will not make any specific recommendations to you or any of its subscribers upon which you or any of them is entitled to rely. You also understand that the information disseminated in this webinar or as part of the Products and Services represent impersonalized, disinterested opinions and commentary of Auction Profile Analytics and its employees and agents, or may only represent the views of other subscribers or visitors, but that none of them constitutes a solicitation or recommendation to buy or sell a particular investment
Auction Profile Analytics does not claim nor warrant its Products and Services will meet nor be suitable for all of your trading and investment needs.
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN; IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK OF ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL WHICH CAN ADVERSELY AFFECT TRADING RESULTS.