“Third Party” means any Person other than Adviser or Snappy Kraken. “Territory” means the geographical territory assigned to Adviser during the sales process. “Platform” means the Snappy Kraken Platform for which Adviser is purchasing a license, as expressly set forth in the Order Form. “Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity. “Order Form” means the order form filled out and submitted by or on behalf of Adviser, and accepted by Snappy Kraken, for Adviser’s purchase of the license for the Platform granted under this Agreement. “License Fees” means the License Fees, including all taxes thereon, paid or required to be paid by Adviser for the license granted under this Agreement. “Management Fees” means non-refundable fees for a service performed on behalf of the Adviser by Snappy Kraken. “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. “Documentation” means user manuals, technical manuals, and any other materials provided by Snappy Kraken, in printed, electronic, or other form, that describe the access, operation, use, or technical specifications of the Platform. that are specific to the Adviser (“Adviser IP”). biographical information, customer lists, prospect lists, investment philosophy, historical results, etc. “Content” means the output generated by the Platform which is a combination of Snappy Kraken’s Original Content and Adviser’s proprietary information submitted to the Platform, e.g. ![]() For purposes of this Agreement, the following terms have the following meanings: “Attestations” means any product or Platform specific acknowledgments initialed or typed at the point of sale. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR OR ADVISER’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE THAT ADVISER DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF SNAPPY KRAKEN’S SOFTWARE. IF ADVISER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, SNAPPY KRAKEN WILL NOT AND DOES NOT LICENSE THE PLATFORM TO ADVISER AND YOU MUST NOT ACCESS THE PLATFORM. BY CLICKING THE “ACCEPT” BUTTON/CHECKING THE “ACCEPT” BOX ON THE ORDER FORM YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT ADVISER IS LEGALLY BOUND BY ITS TERMS AND (B) REPRESENT AND WARRANT THAT: (i) YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND (ii) IF ADVISER IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF ADVISER AND BIND ADVISER TO ITS TERMS. SNAPPY KRAKEN PROVIDES THE PLATFORM SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT ADVISER ACCEPTS AND COMPLIES WITH THEM. ![]() ![]() This End User License Agreement, including the Order Form and Attestations which by this reference is incorporated herein (this “Agreement”), is a binding agreement between SNAPPY KRAKEN, INC (“Snappy Kraken”) and the person or entity identified on the Order Form as the Adviser or entity of the Snappy Kraken Platform (“Adviser”).
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