PartTimeTrader

FibCalc : Warnings and Disclaimer - Trading Stocks Involves Risk

FIBCALC AND FIBCALC II ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND THEIR USAGE ARE UNDERSTOOD TO BE AT YOUR OWN RISK. THE AUTHOR CANNOT BE HELD LIABLE FOR ANY TRADING DECISIONS BASED ON FIBCALC RESULTS OR INSTRUCTIONS.

Trading of securities may not be suitable for all users of this information. Both day trading stocks and investing in the stock market in general have large potential rewards. However, they both have large potential risks involved in which you can lose all your money.

You, the Trader, and not the author of this software, are solely responsible for any losses, financial or otherwise, as a result of trading stocks. Under all circumstances, you the Trader, and not the author of this software, assume the entire cost and all risks involved with trading any stock based on strategies provided in this calculator and/or Instruction files.

It is essential for you to have a thorough understanding of the tools you are using. FibCalc and FibCalc II are merely mathematical tools that attempt to "Organize" the sometimes Wild Emotions of the Markets, and therefore cannot be relied on exclusively for Trading Decisions. Ultimately, everything rests with the Trader. The Buck Stops with YOU, and only YOU are responsible for every aspect of the Trade.

Never put your money on the line without a thorough understanding of what you are doing, and why you are doing it, based on your own personal knowledge and experience.

No Chart Pattern works out the way we think it should every time, so it is vitally important to have a protective Stop-Loss and/or Exit strategy planned before entering into a Trade.

Do your own research and testing before attempting any new technique. To properly utilize this tool, you must do enough thorough testing on your own to be satisfied with the results, and how those results will affect your personal Trading and Risk Management, before making any trading decisions.

FibCalc and FibCalc II are based on Classic Fibonacci Trading Theory and are for informational purposes only. It is recommended that the Trader be well versed in Fibonacci Trading Theory before using FibCalc II as a Trading Tool. In addition, the Author has theories, methods, and techniques that sometimes go beyond "Traditional" Fibonacci Theory, and such "Outside the Box" thinking may be reflected in FibCalc and FibCalc II.

According to SEC regulations, the Author must disclose, at a minimum, that:

1. The Author of FibCalc and FibCalc II is not a professional financial advisor.

2. FibCalc and FibCalc II are for entertainment only, and not financial advice.

3. The Author of FibCalc and FibCalc II may, or may not buy or sell the securities mentioned in any of the Instruction Files.

4. Traders should consult their own financial advisors regarding any securities transaction, and be responsible for their own investment decisions.

THIS SOFTWARE IS PROTECTED BY LAW AND IS NOT TO BE DISTRIBUTED WITHOUT WRITTEN PERMISSION FROM THE AUTHOR.

If you find a "Bug" or experience any software related problems with FibCalc II, or have any suggestions for things you would like to see included in the next Release, please send an email to:

FibCalc@PartTimeTrader.com

FIBCALC OR FIBCALC II LICENSE AGREEMENT

User Agreement for the use of theFIBCALC OR FIBCALC II Software Product

DO NOT DOWNLOAD, INSTALL OR USE THIS SOFTWARE PRODUCT UNTIL YOU HAVE READ AND ACCEPTED THIS LICENSE AGREEMENT. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE PRODUCT YOU ACCEPT THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT YOU DO NOT HAVE A LICENSE AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE PRODUCT AND YOU MUST PROMPTLY DELETE ALL COPIES OF THE SOFTWARE PRODUCT FROM YOUR COMPUTER SYSTEM(S).

This Agreement is between you, the User ("User") and Richard LaPoint ("Rick LaPoint"). Rick LaPoint agrees to provide User with a copy of the FIBCALC OR FIBCALC II software package. User agrees to abide by the terms of this Agreement.

1. Definitions.

1.1 Software Product. "Software Product" means the FibCalc or FibCalc II software application that is provided by Rick LaPoint in connection with this Agreement and any updates or maintenance releases thereto.

1.2 Acceptance. "Acceptance" means that the User has accepted the terms of this Agreement and has manifested said acceptance by downloading or installing or running the Software Product.

2. License. RICK LAPOINT GRANTS TO USER A NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE PRODUCT AS PROVIDED IN THIS AGREEMENT. THE SOFTWARE PRODUCT IS LICENSED BY RICK LAPOINT TO USER ACCORDING TO THE TERMS OF THIS AGREEMENT. ANY AND ALL RIGHTS NOT SPECIFICALLY LICENSED OR GRANTED HEREIN ARE RESERVED BY RICK LAPOINT OR THIRD PARTIES.

2.1 Use of Software Product. User may download, install and/or use the Software Product on User's computer. User is granted the right to make copies of the Software Product for backup or archival purposes only. A license for the Software Product may be used concurrently on different computers only by the User.

2.1a Ownership Rights. Rick LaPoint owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software.

2.2 Restrictions. The Software Product contains trade secrets of Rick LaPoint, and User may not decompile, reverse engineer, disassemble, or otherwise reduce the Software Product or Documentation to human-perceivable form or disclose such trade secrets. User may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software Product, Documentation, or related materials or create derivative works based upon the Software Product, Documentation, or any part thereof. You may not make or distribute copies of the Software Product or Documentation, or electronically transfer the Software Product from one computer to another or over a network.

2.3 Severability. If, for any reason, any provision of this Agreement is held invalid, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.

3. Copyright. The Software Product is copyrighted material owned and/or licensed by Rick LaPoint and is protected by United States and international copyright law. User may make copies of the Software Product as specified in Paragraph 2.1.

4. Choice of Law. This Agreement shall be governed by the laws of the state of California and the United States of America without giving effect to conflict or choice of law principles. The parties agree to exclude application of the "United Nations Convention on Contracts for the International Sale of Goods" to this Agreement. Any litigation between the parties shall be conducted exclusively in state or federal court within California and any applicable courts of appeal. The parties agree and submit to such exclusive jurisdiction and venue.

5. Indemnification. Rick LaPoint shall not undertake to resolve any disputes or litigation on User's behalf involving use of the Software Product and any services described herein, and User agrees that it shall indemnify, hold Rick LaPoint harmless and defend Rick LaPoint against any disputes involving use of the Software Product.

6. DISCLAIMERS. THIS SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND TO USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; LACK OF VIRUSES; ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, RESPONSES OR RESULTS; THAT THE SOFTWARE PRODUCT IS FREE FROM BUGS OR ERRORS; OR NON-INFRINGEMENT. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND/OR ANY SUPPORT SERVICES REMAINS WITH YOU. USER AGREES THAT ANY EFFORTS BY RICK LAPOINT TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY RICK LAPOINT WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RICK LAPOINT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND 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 OR ANY SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF RICK LAPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. 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 RICK LAPOINT UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

9. Non-Parties. Rick LaPoint and the officers, directors, employees, shareholders and representatives of Rick LaPoint are not parties to this Agreement and shall have no obligation or liability to User relating to this Agreement or the Software Product.

10. Allocation Of Risk. This Agreement defines a mutually agreed-upon allocation of risk and the License fees reflect such allocation of risk.

11. Support. Nothing in this Agreement entitles User to any support, training or consultation. User may contact Rick LaPoint through email to determine the availability of support, training or consultation, and the fees, terms and conditions applicable thereto.

12. Taxes. In the event that any taxes, duties or government fees, assessments or charges are payable because of this Agreement or any License or transaction under this Agreement, then User shall pay such taxes, duties, fees, assessments and charges.

13. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto.

14. Knowing Consent and Authority to Consent. The parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.

15. Assignment. This Agreement is not assignable or transferable by User. Rick LaPoint may assign or transfer this Agreement to any third party who acquires Rick LaPoint's rights in or to the Software Product.

THIS SOFTWARE IS PROTECTED BY LAW AND IS NOT TO BE DISTRIBUTED WITHOUT WRITTEN PERMISSION FROM THE AUTHOR.

If you find a "Bug" or experience any software related problems with FibCalc II, or have any suggestions for things you would like to see included in the next Release, please send an email to:

FibCalc@PartTimeTrader.com

Last Updated: August 8, 2001