KINGSBURY FINANCIAL MANAGEMENT, INC. and OnTimeAlert, L.L.C.
CONFIDENTIALITY AGREEMENT
Single End-User
In consideration of the terms and conditions contained in this Agreement, the User will be given access to proprietary software display and parameters (the "Software") and related documentation for which the parties specifically agree as follows:
The User acknowledges that the Software contains valuable Confidential Information and is a proprietary trade secret of KFMI and OnTimeAlert, LLC. (OTA) and that the Software is being entrusted to the User only for the purposes and on the terms contained herein. During the term of this agreement and thereafter, the User agrees that it will hold in confidence and not disclose, display, or make available to any third party, any proprietary information or information which KFMI or OTA may reasonably designate from time to time as confidential information. Such confidential information includes, but is not limited to, KFMI's trade secrets, discoveries, ideas, designs, data, source code, object code, flow diagrams, and documentation comprising all or any portion of the Software.
The User agrees that it will make no other uses of the Software and that it will not otherwise copy the Software and that it will not attempt to reverse engineer, decompile or disassemble the Software or incorporate the Software or any of the Confidential Information (as defined in the above paragraph) contained therein. The User shall acquire no other intellectual property rights or other rights in the Software.
User further agrees that it will take all reasonable steps to prevent all parties under its control from using, copying or distributing the Software or from creating or attempting to create the Software's source code or to modify the Software, by decompiling, disassembling, reverse engineering, or otherwise.
Trading involves risk and the authors of Trader's Paradise in no way warrant that you, the user, or any other trader can or will gain any financial benefit from the information contained herein and may, in fact, lose money. It is understood that all actions taken by you, the user, are your sole responsibility.
In no event shall KFMI or OTA be responsible for any loss or damage of any kind suffered by the User or other third party caused by the User's use of the Software.
This agreement shall be construed under and enforced in accordance with the laws of the State of Texas. Any action commenced hereunder shall be venued in Houston, Texas. In the event either party brings a legal or equitable action to enforce its rights hereunder, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney fees, incurred in bringing such action.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written.