Hotstocked Penny Stock Monitor End User License Agreement ("EULA")
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY.

BY DOWNLOADING AND INSTALLING ALL OR ANY PORTION OF THE SOFTWARE YOU AGREE TO AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH INCLUDE THE LIMITATIONS ON USE CONTAINED IN SECTION 2; LIMITATIONS ON TRANSFERABILITY IN SECTION 6; THE LIMITED WARRANTY IN SECTIONS 8 AND 9; THE DISCLAIMER OF WARRANTY AND LIMITATIONS ON LIABILITY IN SECTIONS 10 AND 11; AND THE EXCLUSIVE DISPUTE RESOLUTION PROVISIONS IN SECTION 13.

SZK RESERVES THE RIGHT TO MODIFY THIS EULA AS NEEDED IN ITS SOLE DISCRETION. THE EULA IN EFFECT AT THE TIME YOU DOWNLOADED THE SOFTWARE WILL GOVERN YOUR USE OF IT, UNLESS WE OBTAIN YOUR CONSENT OTHERWISE. YOUR CONTINUED USE OF THE SOFTWARE AFTER A CHANGE TO THE EULA HAS BEEN BROUGHT TO YOUR ATTENTION WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES AND THE REVISED EULA. IF YOU DO NOT AGREE THAT THIS AGREEMENT IS ENFORCEABLE, DO NOT USE THIS SOFTWARE.

1. DEFINITIONS.

(“Software”) means all of the contents of the files or other media with which this Agreement is provided, including but not limited to (a) SZK or third party computer information, Software, or Database; (b) digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”); (c) related explanatory written materials or files (“Documentation”); and (d) fonts; and (e) upgrades, modified versions, Updates, additions, copies of the Software, and Database Updates, if any, licensed to you by SZK (collectively, “Updates”).

(“Use”) or (“Using”) means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

(“Database”) means a structured collection of records or data that is stored, encrypted, and tabulated in a proprietary format. Our Database relies upon our Software to organize and interpret the stored data. Our data contains the structure and removal rules of malignant malware components. In addition, our Database may contain exclusions of non-malignant file components. In order to efficiently combat the threat of malware, our Database requires constant Updates.

(“Permitted Number”) means the number of computers that can install and use a copy of the Software, and such number is one (1) by default unless otherwise indicated under a valid license (e.g., a volume license) specifically negotiated and granted by SZK.

(“Computer”) means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

(“SZK”) means Stara Zagora Kompani, OOD, a Bulgaria limited liability company, 66 Vitosha Boulevard, 4th Floor, 1303 Sofia, a developer of computer security software and Internet-based systems. 

2. SOFTWARE LICENSE.

As long as you comply with the terms of this EULA (the “Agreement”), SZK grants to you a non-exclusive license to use the Software for the purposes described in the Documentation.

2.1. General Use. You may install and use the Software on your compatible computer, up to the Permitted Number of computers; or

2.2. Server Use. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from another computer on your internal network, provided that the Computer that accesses or uses the Software on such computer file server at any time, whether concurrent or not, does not exceed the Permitted Number. No other network use is permitted without negotiation and purchase of a volume or server license; and

2.3. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 6.

2.4. Home Use for Business Copies. If you are using the Software at your business, and you are the primary user of the computer that is licensed to use the Software, you may, also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time the Software on your business computer is being used.

If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you receive a Content Update (as set forth in Section 5 below), if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other Software, you may only use the Software as licensed above. You may not rent, lease, sublicense, lend or transfer any versions or copies of the Software you do not use. If the Software is a Content Update, as discussed in Section 5 below, you must possess a valid license to such previous version in order to use the Content Update.

3. INFORMATION WE COLLECT FROM YOU AND YOUR COMPUTER

3.1. Information Collected/Transmitted During Updates.

3.1(a). General Information. HotStocked sends SZK the Software version number and language, the IP address of the computer on which HotStocked is installed, and a unique number that identifies your copy of HotStocked. 

3.2. Updates To HotStocked. If you select the “Program Update” or “Definitions Update” option within the “Update Tab” on the user interface, HotStocked sends SZK the HotStocked version number and language, a unique number that identifies your copy of HotStocked, and the IP address of the computer on which HotStocked is installed. The HotStocked version number and unique number are used to identify the specific updates to transmit and to allow a specific copy of HotStocked to be de-activated if it is being used for hacking or malicious purposes. No geolocation or other identifying information (such as IP address) is analyzed or stored, other than in ordinary server logs which are purged frequently. None of the information collected is shared with any third parties, nor does it contain user identifiable information.


4. ADVERTISING.

This free software will from time to time contain advertisements.  An example of such advertisements can be seen during installation.  

5. CONTENT UPDATES.

HotStocked is updated from time to time (including but not limited to the following: (a) the HotStocked Software, (b) the pennystock Database, (c) updated URL lists, (d) and other miscellaneous Databases. These Updates are collectively referred to as “CONTENT UPDATES”). 

6. INTELLECTUAL PROPERTY RIGHTS.

The Software and any copies that you are authorized by SZK to make are the intellectual property of and are owned by SZK and its suppliers. The structure, organization, Database, and code of the Software are the valuable trade secrets and confidential information of SZK and its suppliers.

The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used.

You may not copy the Software, except as set forth in Section 2 (“Software License”). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another Software program, and you have first requested SZK to provide the information necessary to achieve such operability and SZK has not made such information available. SZK has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by SZK or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any Software which is substantially similar to the expression of the Software. Requests for information should be directed to the SZK Customer Support Department. Trade names and or Trademarks (“hereafter Trademarks”) shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.

7. TRANSFER.

You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another user’s computer except as may be expressly permitted herein. You may, however, transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other Software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.

8. USE ONLY AS LICENSED.

As set forth in Section 2, above, the Software may only be used as licensed.

9. LIMITED WARRANTY.

You hereby acknowledge that the Software may not be uninterrupted and cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this Agreement by SZK. In particular, SZK does not guarantee that the Software will provide accurate and timely information. If the Software is a beta version, you acknowledge and agree that (a) the Software may contain errors and defects and may not function as intended or in accordance with its specifications; and (b) you assume all risk in using the Software and agree to take due care in the installation, execution and testing of the Software on your computer system.

9.1. The particular operating systems upon which the Software has been designed to execute will be published by SZK from time to time (“Compatible OS”). You agree that you will not execute or install the Software on any operating system other than a Compatible OS. You acknowledge and agree that the Software may not execute correctly and may interfere with other software if executed on an operating system which is not a Compatible OS.

9.2. In the event that any terms, conditions, representations or warranties are implied by statute, common law or equity (“Prescribed Terms”) into this Agreement which cannot be lawfully excluded, the Prescribed Terms will apply to this Agreement, save that the liability of SZK for breach of any Prescribed Terms will be limited, to the extent permitted by law, at the option and sole discretion of SZK, to any one or more of the following: (a) the replacement of the Software to which the breach relates or the supply of equivalent Software; (b) the repair of the Software; (c) the payment of the cost of replacing the Software or of acquiring equivalent Software; or (d) the payment of the cost of having the Software repaired.

9.3. If the liability of SZK for breach of any Prescribed Terms is capable of exclusion, they are hereby excluded to the fullest extent permitted by law.

9.4. Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms: (a) SZK makes no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software (other than that SZK is entitled to grant to you the rights set out in this EULA); (b) you will not under any circumstances have any cause of action against, or right to claim or recover from, SZK for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or any breach of these terms; and (c) subject to paragraph (b) above, the maximum liability of SZK to you in respect of any breach of this Agreement or otherwise in respect of your use of the Software will be the amount you have paid SZK for the Software and if you have not paid SZK any amount for the Software, will be the amount of USD $0 (zero dollars).

9.5. You acknowledge that this is the sole agreement between you and SZK, and you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by SZK which have not been stated expressly in this Agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by SZK.

9.6. For further warranty information, please see the jurisdiction specific information in our GOVERNING LAW section which is Section 13 of this Agreement, if any, or contact SZK’s Customer Support Department.

9.7. Further instructions on the procedures and policies to make a warranty claim are explained in our REFUND POLICY which is Section 17 of this agreement. Your exclusive remedy shall be limited to either, at SZK’s option, the replacement of the Software or the refund of the license fee you paid for the Software.

10. DISCLAIMER.

THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR SZK’S OR ITS SUPPLIER’S BREACH OF WARRANTY. SZK AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SZK AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

11. LIMITATION OF LIABILITY.

IN NO EVENT WILL SZK OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN SZK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SZK’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits SZK’s liability to you in the event of death or personal injury resulting from SZK’s gross negligence or intentional misconduct. SZK is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact SZK’s Customer Support Department.

12. EXPORT RULES.

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

13. GOVERNING LAW AND DISPUTE RESOLUTION.

This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of New York. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising from or related to your use of the Software shall be resolved through binding, confidential arbitration, which is the sole and exclusive remedy for any dispute. Such arbitration shall be conducted in accordance with the American Arbitration Association’s Consumer Procedure Rules. (The arbitration need not be conducted, however, by or under the auspices of the American Arbitration Association if the parties mutually agree to another arbitrator). There shall be one arbitrator selected by mutual agreement of the parties. If the parties are unable to agree to an arbitrator, either party may request that the American Arbitration appoint an arbitrator. Any dispute as to whether a specific issue is covered by this EULA or is subject to arbitration will be determined by the arbitrator. The arbitration shall be conducted in the complaining party’s home jurisdiction unless the amount demanded exceeds $10,000, in which case the arbitration shall occur in Manhattan County, New York. The arbitrator will determine whether substantive motions or discovery will be permitted, and will determine the scope of such matters, provided that the arbitrator will authorize the discovery and enter the prehearing orders necessary to ensure a fair, private hearing. Arbitration awards may be confirmed by any court of competent jurisdiction.
14. GENERAL PROVISIONS.

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of SZK Updates may be licensed to you by SZK with additional or different terms. This is the entire agreement between SZK and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

15. NOTICE TO U.S. GOVERNMENT END USERS.

The Software and Documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. For U.S. Government End Users, SZK agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.

16. COMPLIANCE WITH LICENSES.

If you are a business or organization, you agree that upon request from SZK or SZK’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all SZK Software at the time of the request is in conformity with your valid licenses from SZK.