Investors, together with their investment advisors, create custom Diversification Weighted® portfolio strategies that are built, tested, and automated using Gsphere’s Investment policy tree; a collection of rules that govern the construction and management of the portfolio. The result produces a customized portfolio built to the highest standards of performance excellence and fiduciary care.
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GSPHERE LICENSE AGREEMENT
This is a legal agreement between you and Gravity Investments (�Gravity�).
ENTITLEMENT: Gravity, by means of you accepting the terms of this license, grants you a non-exclusive individual license to access and use this software. Licenses belong to people, not companies or devices.
MAINTENANCE: Gravity agrees to provide hosting to Gsphere.net for the term of your license.
PRIVACY: both parties recognize that the information contained in the system constitutes data of a personal and private nature. Parties agree to guard the privacy of such data with reasonable efforts. The parties agree to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential
COOPERATION TO PREVENT DISCLOSURE OF CONFIDENTIAL INFORMATION. Each party shall use its best efforts to assist the other party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, each party shall advise the other party immediately in the event either party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement and each party will cooperate with the other party in seeking injunctive or other equitable relief against any such person.
SUPPORT: Gravity will support Gsphere system from popular devices. Support is not guaranteed and proper system functionality may not be available from all operating systems, browsers and devices. Contact Gravity for recommended configurations. Support calls may only be made from the designated user. Gravity Investments supports only Gsphere, and investment advice must be governed by a separate agreement.
LICENSE AGREEMENT. You will not be able to use or install any Software that is accompanied by this License Agreement, unless you read and acknowledge and agree to the terms and conditions of the License Agreement .If you do not accept the license agreement, do not continue with installation and contact Gravity Investments immediately, and we will arrange for indemnification. Gravity Investments is not willing to license this software without your agreement to the terms and conditions in this agreement. You accept the terms of this license agreement by installing the software, operating the software on a computer or by copying the software. This license has the same binding legal force and effect as it would if you and Gravity Investments had contracted in ink. The software may be accessed only for the use of the user and only in compliance with all terms, conditions, and limitations contained in this license agreement. INTELLECTUAL PROPERTY. The licensed software is the intellectual property of Gravity Investments. It is protected by copyright and other intellectual property, treaty or patent law. This software and the intellectual property are licensed and not sold. The license, if and when expired, does not provide you with any rights to use the software thereafter. Any software installed on a machine at such time must be uninstalled, such equipment destroyed or the license renewed. Gravity Investments reserves the right to revoke this license at any time for any reason. Any, use, adaptation, modification, publication, reverse engineering, reproduction, redistribution or any other action that is in violation of the copyright owner�s exclusive rights under the United States Copyright Act and which is beyond the scope of the rights granted in the applicable License Agreement will constitute an infringement upon the rights of the vendor�s copyright and is punishable under the penalty of law.
SHARING OF GSPHERE SOFTWARE OR OPTIMIZED PORTFOLIO RESULTS. Sharing of Gsphere software OR Optimized Portfolio results with non-licensed Gsphere users is strictly prohibited. User may only share optimization results with established clientele, prospective customers, compliance or supervisory staff, and support personnel as necessary in the normal course of business operations. This limitation principally excludes the use of a single Gsphere user to optimize portfolio for a group of additional portfolio managers or investment representatives. Prohibited activity may result in immediate termination of your license agreement. In the event the Gsphere license agreement is terminated under such circumstances, you will forfeit your full license fees without refund.
ETHICAL USE. By your use of this software you agree to abide by all securities laws and not use this system or any output from it to mislead, misinform or defraud any investor.
FEATURES: Gsphere.net is available in different configuration and feature bundles. Gravity agrees to provide you with a feature set of comparable value to that which you have subscribed. Parties also agree and acknowledge the Gravity may reconstitute the features available to your subscription at its sole discretion. Not all features currently available will have their availability guaranteed in the future.
DATA. This software license is for software only. Any data that is provided with the software is hereby acknowledged that it may contain errors and omissions. No guarantee is provided with respect to the accuracy or completeness of such data or any discontinuations or interruptions of service. Data omissions and errors may be addressed as report, as feasible with no guarantee of timeliness or acceptance. In not event shall the user attempt to use the system for any wholesale collection of data whether the intent of such collect is commercial or private. Licensee has no ownership of the data they enter into the system.
BILLING / PAYMENT: Gsphere will automatically renew on the anniversary date of your original purchase. Your credit card may be charged for the annual license fee, or may be reset on your anniversary to automatically debit your account on a monthly, quarterly or annual basis. If you provided credit card information or debit authorization, your account may be automatically charged. You have a 30-day grace period prior to the date of the automatic renewal if you would like to cancel the service. All cancellations must be made in writing on or before the grace period.
MARKETING MATERIALS: The use of marketing materials using Gsphere graphics and proprietary metrics including diversification-scoring metrics may not be resold, licensed or disseminated without prior written approval of Gravity Investments.
WARRANTIES AND LIABILITY; THE VENDORS HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO SOFTWARE USAGE BY ACCESSING THIS PAGE EXCEPT FOR SPECIFIC WARRANTIES THAT ARE EXPRESSLY PROVIDED IN THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. GRAVITY AND EACH ASSOCIATED VENDOR, DATA PROVIDER, OR PARTER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF INVESTMENT CAPITAL, LOSS OF ACCOUNTS, INVESTMENT PERFORMANCE NOT MEETING EXPECTATION, INVESTMENT PERFORMANCE NOT CONFORMING TO MODELS BUILT WITHIN THE SYSTEM OR ANY FAILURE FOR INVESTMENTS TO PERFORM IN ANY PARTICULAR FASHION. IF THIS SOFTWARE IS USED IN ANY WAY FOR MAKING INVESTMENT DECISIONS, THE LICENSEE BEARS FULL RESPONSIBILITY FOR THOSE DECISIONS. FURTHER IF THE SOFTWARE IS USED TO GENERATE OR ENHANCE COMMUNICATIONS OF INVESTMENT CONCEPTS TO OTHER PARTIES THERE IS NO WARRANTY THAT ANY SUGGESTED ALLOCATION RESULTS ARE SUITABLE FOR ANY INVESTOR. YOU SHOULD NOT ASSUME THAT THIS SOFTWARE HAS PASSED OR HAS BEEN ENDORSED BY ANY REGULATORY AGENCY OR APPROVED BY YOUR COMPLIANCE DEPARTMENT. MANY OF THE TECHNICALS AND PROCESSES USED IN THIS SOFTWARE ARE THE SOLE INVENTION OF GRAVITY, THESE PROCESSES MAY DIFFER RADICALLY FROM THOSE OF MODERN PORTFOLIO THEORY AND REMAIN GENERALLY UNPROVEN. IN NO EVENT SHALL GRAVITY OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OBLIGATIONS.
THE LICENSED SOFTWARE IS HEREBY UNDERSTOOD TO BE GRANTED ON AN AS IS BAISIS. GRAVITY DISCLAIMS ANY AND ALL RESPONSIBILITY OR OBLIGATION FOR THE LICENSED SOFTWARE, ANY ERRORS, FAULTS, CRASHES, MATHEMATICAL PROCESSES, COMPUTATIONAL ERRORS OR BUGS WHETHER KNOWN OR UNDISCOVERED.
HELP, SUPPORT, UPGRADES AND MAINTENANCE; Periodically Gravity may provide to you at no cost, improvements to the software that enhance its reliability, security, usability or otherwise may include extended features. Gravity may elect that certain enhancements or changes constitute a different release are will be made only under a new Licensing Agreement. Unless specifically designated otherwise, Gravity Investments will support your software purchase as per our best effort. Software support will be provided as available but no amount of support or assistance using the software is guaranteed. Gravity reserves the right to choose the means of support. Support response times are also not guaranteed. The completeness of any help documentation is not assured.
LIMITATION ON USE:
The use of the software by mean of this license excludes its use for general solicitation or general advertising, including, but not limited to, the following:
(1) Any advertisement, article, notice or other communication published in any newspaper, magazine, or similar media or broadcast over television or radio; and
(2) Any seminar or meeting whose attendees have been invited by any general solicitation or general advertising.
An exception is granted towards solicitations directed at Qualified Eligible Purchasers as defined by Securities and Exchange
Commission. Any reproductions of the software used under this exception must contain a Gravity copyright notice on any page
containing copyright materials (this includes all graphical output) and the notice must be no smaller than the smallest text
used in the course of the remaining presented materials. Use of this software in such aforementioned applications may require
a different license that may be purchased from Gravity. In all instances of public solicitation, Gravity requires advanced
notification and must grant express permission for use prior to any dissemination. (3) Product creation: Licensed users may
create any number of portfolios, analysis and scenarios with this software as limited by your subscription agreement. However,
the use of this software is restricted to individually managed accounts and internally created and designated model portfolios.
This license agreement strictly forbids the use of 1940 Act Investment Company including publically tradable investment products
including exchange-traded funds, closed end funds and any open-end investment product including mutual funds and hedge funds.
This license also strictly prohibits the use of Gsphere and Gsphere marketing materials in any sub advisory capacity utilizing
wholesale distribution channels including Registered Representatives, Investment Advisors, Certified public Accountants,
Attorneys, Agents who are not individually licensed users. No permission is granted in this license to publish or license index
performance data derived from the use of the software.
(4) No permission is granted in this license for the use of Gsphere, Gravity Investments, Gravity Investments, True Diversification® or Diversification Weighted® or Diversification Alpha™
NO LICENSE. Except as expressly set forth herein, no license is granted by either party to the other with respect to the
Confidential Information or Pre-existing Materials. Nothing in this Agreement shall be construed to grant to either party any
ownership or other interest, in the Confidential Information or Pre-existing Materials, except as may be provided under a license
specifically applicable to such Confidential Information or Pre-existing Materials.
SEVERABILITY. If any provision of this software license agreement is found to be invalid, void or unenforceable under law, judicial decision or administrative action such determination shall not affect the validity of the remaining provisions.
WAIVER. No part of this license agreement can be or waived or amended without the express written consent of Gravity. ASSIGNMENT. You may not assign, subcontract or sell any of your rights granted under this license agreement nor delegate any responsibility with respect to its enforcement.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Colorado and the federal laws of the United States of America. Service Provider hereby consents and submits to the jurisdiction and forum of the state and federal courts in the Colorado in all questions and controversies arising out of this Agreement.
Arbitration Parties agree to submit to binding third party arbitration in state of jurisdiction.
ATTORNEYS� FEES AND COSTS. In any arbitration, litigation, or other proceeding, informal or formal, by which one party either seeks to enforce this Agreement or seeks a declaration of any rights or obligations under this Agreement, the non-prevailing party shall pay the prevailing party�s costs and expenses, including but not limited to, reasonable attorneys� fees.
COMPLIANCE WITH LAWS; SUBSCRIBER POLICIES AND PROCEDURES. Both parties agree to comply with all applicable federal, state, and local laws, executive orders and regulations issued, where applicable. Service Provider shall comply with Subscriber policies and procedures where the same are posted, conveyed, or otherwise made available to Service Provider.
COOPERATION. Where agreement, approval, acceptance, consent or similar action by either party hereto is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld. Each party will cooperate with the other by, among other things, making available, as reasonably requested by the other, management decisions, information, approvals, and acceptances in order that each party may properly accomplish its obligations and responsibilities hereunder. Service Provider will cooperate with any Subscriber supplier performing services, and all parties supplying hardware, software, communication services, and other services and products to Subscriber, including, without limitation, the Successor Service Provider. Service Provider agrees to cooperate with such suppliers, and shall not commit or permit any act, which may interfere with the performance of services by any such supplier.
GRAVITY RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS LICENSING AGREEMENT.
ADDITIONAL INFORMATION AND DISCLOSURE
All investments involve elements of risk and potential for loss of principal. Gravity is an investment advisor and does provide advice on securities, of both a discretionary nature and a non-discretionary nature. It may be that your use of Gsphere recommendations provided by the system may constitute investment advise. This shall only be deemed investments advise and thus subjecting Gravity to a fiduciary relationship with a separate agreement. Only with such a subadvisory or money management agreement are results of Gsphere constituting investment advise. In no event can this be possible without Gravity�s explicit consent, understanding engagement and continuous and regular advisory activities. Without such an agreement your use of Gsphere or any software is strictly a software license with no advisory relationship inferred, implied or conveyed.
In the capacity of a software licensor, Gravity holds a policy of making no recommendations. However, to illustrate the software and purely for software illustration purposes some specific assets and assumptions on their statistical properties may be presented. Under no circumstances are such software demonstrations or support to constitute investment advice.
Results of simulations or hypothetical models do not encompass all risks encompassed in actual trading. Liquidity considerations, and many dimensions of risk beyond those quantified as well as interpersonal or emotional inability to conform to strategies, and the potential for transaction or operational errors constitute significant risk and warrant further consideration, processes and technologies.
The use of hypothetical performance information may be subject to different standards for use to professional investor than its use for retail investors. You should be familiar with the applicable law before sharing the results of any hypothetical test with another party.
The use of Diversification as a strategy does not assure any benefit to the portfolio performance."