DISCLAIMER OF WARRANTY
Software and accompanying files from this web site are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. In no event shall Rocky Point Software be liable to you for any consequential, incidental, or special damages, whether foreseeable or not, including any lost profits or lost savings, even if a Rocky Point Software representative has been advised of the possibility of such damages, or for any claim by any third party. Consequential damage would include financial losses resulting from errors produced by the program. Should the Software prove defective, you and not Rocky Point Software assume the entire cost of any service and repair. This limitation and exclusion applies irrespective of the cause of action, including but not limited to breach of contract, negligence, strict liability, tort or any other legal theory, and shall survive a fundamental breach. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
Rocky Point Software Inc. does not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. You must determine whether the Software sufficiently meets your requirements.
Our Software relies on data that is obtained from public third-party sources that are independent of Rocky Point. You are responsible for determining your right to access such third-party data, and must accept the sole risk in using such data. Rocky Point Software can make no representations, guarantees, or warranties about the accuracy, correctness, availability or timeliness of the data or the results displayed by Open Interest or related documentation. Although care has been taken to properly apply generally-accepted financial techniques in the software, Rocky Point Software makes no claim that the results are correct, valid or meaningful. You should crosscheck and confirm the data displayed by this program with other sources. At no time should Open Interest be used or relied upon as the sole analytical tool in any investment decision. Rocky Point does not warrant that Open Interest will meet your requirements or that its operation will be error-free.
At any time the third-party data source used by Open Interest may cease to be publicly available, at which point Open Interest will not function as intended.
Rocky Point is not responsible for problems which may occur as a result of any incompatibility between Open Interest and any other software or hardware. You assume responsibility for the selection of Open Interest to achieve you intended purposes, for making backups of your data regularly, and for choosing, maintaining and matching your hardware, operating system software and other applications software. We cannot guarantee you uninterrupted service or the correction of any errors. It is strongly recommended that you backup your hard disk prior to installation of Open Interest.
No oral or written information or advice given by Rocky Point or a Rocky Point representative shall create a warranty or in any way increase the scope of this warranty.
You may not modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on our Software; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary notices on the Software.
Title, ownership rights, and intellectual property rights in our Software shall remain in Rocky Point Software Inc. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract or otherwise, shall Rocky Point Software Inc. be liable to you or any other person for any indirect, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will Rocky Point Software Inc. be liable for any damages in excess of the amount Rocky Point Software received from you for a license to the software, even if Rocky Point shall have been informed of the possibility of such damages, or for any claim by any other party.
Any liability of the distributor or seller of this software will be limited exclusively to product replacement or refund of purchase price.
Provided that you ensure that you are distributing the original distribution package of this software, you are hereby licensed to make as many copies of the original distribution package and soft-copy documentation as you wish; give exact copies of the original distribution package to anyone; and distribute the original distribution package in its unmodified form via electronic means. You may not charge other than a nominal handling or media fee for distributing copies in this way.
The Software is the exclusive property of Rocky Point Software, and its structure, organization and code are valuable trade secrets of Rocky Point Software. This agreement does not grant you any intellectual property rights in the Software.
IF YOU DO NOT ACCEPT ANY TERMS CONTAINED IN THIS AGREEMENT, UNINSTALL THE PROGRAM IMMEDIATELY.