Trading Station Beta Version License Agreement
This Beta Testing EULA is a legal agreement (hereinafter "Agreement") between the Gehtsoft USA LLC (hereinafter Gehtsoft) and you in your individual capacity (hereinafter "Licensee"). This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or electronic documentation ("Software") which it accompanies. This Agreement takes precedence over any other agreement or terms embedded within the Software.
Assent to Be Bound
By installing, copying or otherwise using this Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with any term or condition, do not download, order, open, install or use the Software or product package.
No Broker Responsibility
Please note that this beta release of the Trading Station and Marketscope is not official. Your broker shall not be held responsible for any failure or malfunction of the released software as well as shall not be liable for its support until the software is officially released. Please report all problems directly to Gehtsoft rather than your broker's technical support.
THE LICENSEE AGREES TO USE THE BETA SOFTWARE ONLY FOR TRADING ON DEMO ACCOUNTS. TO PREVENT LOSSES CAUSED BY DEFECTS AND PROBLEMS, THE LICENSEE SHALL NOT USE THE BETA SOFTWARE FOR TRADING ON REAL TRADING ACCOUNTS.
THE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
Feedback from Licensee
Licensee agrees to provide timely feedback, which may include bug reports, conferences with Gehtsoft representatives and/or written evaluations, to Gehtsoft in relation to the Software and that Gehtsoft will have no confidentiality obligations, as described in this section, with respect to such feedback. Licensee agrees that Gehtsoft and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes.
Grant of License
Subject to the terms and conditions of this Agreement, Gehtsoft grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Software in accordance with the Documentation solely for purposes of internal testing and evaluation, and (ii) to copy Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
Restrictions on Grant
Except as otherwise specifically permitted in this Agreement, Licensee may not: (a) Modify or create any derivative works of any Software or documentation, including translation or localization (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (b) Copy the Software except as provided in this Agreement or elsewhere by Gehtsoft; (c) Separate Software, which is licensed as a single product, into its component parts; (d) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the Software (except to the extent applicable laws specifically prohibit such restriction); (e) Redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software. You may NOT transfer the Software under any circumstances; (f) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); (g) Publish any results of benchmark tests run on any Software to a third party without Gehtsoft prior written consent; or (h) Disclose any screen shots, findings, personal comments, bugs, issues, typos, or any information about the Software to anyone without written permission from the Gehtsoft.
Beta-Software Product Support
The Gehtsoft is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.
Ownership and Copyright of Software
Title to the Software and all copies thereof remain with the Gehtsoft. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, Gehtsoft does not grant any express or implied right to Licensee under Gehtsoft patents, copyrights, trademarks, or trade secret information.
The enclosed Software is Confidential Information. Licensee will not disclose Software or any comments regarding Software to any third party without the prior written approval of Gehtsoft. Licensee will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. Licensee will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on Licensee's part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to Licensee without any limitation on use or disclosure prior to its receipt from Gehtsoft; or (d) generally made available to third parties by Gehtsoft without restriction on disclosure.
Term Of This Agreement
Licensee's rights with respect to the Beta Software will terminate upon the earlier of (a) the initial release by Gehtsoft of a generally available version of the Software or (b) one months after the last date Recipient receives the Software or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof.
Licensee agrees upon termination of this Agreement for any reason whatsoever to immediately uninstall the Beta Software and destroy all copies of the Beta Software in its possession and/or under its control. Nothing in this Agreement shall absolve Licensee from liability for damages resulting from any breach of this Agreement by Licensee, notwithstanding that Gehtsoft may have other remedies available under this Agreement (including the right to terminate the Licensee). If Licensee breaches any provision of this Agreement, Licensee acknowledges that such breach may diminish substantially the value of such Intellectual Property rights of Gehtsoft and may irrevocably harm Gehtsoft, and in such event Gehtsoft (without limiting its other rights or remedies) shall be entitled to equitable relief (including but not limited to injunctive relief) to protect Gehtsoft interests, and indemnification and reimbursement for any all expenses incurred by Gehtsoft from Licensee in protecting Gehtsoft interests or defending Gehtsoft rights as a result of Licensee's breach of this Agreement
Limitation on Liability
Provision of any Software under this Agreement is experimental and shall not create any obligation for Gehtsoft to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE GEHTSOFT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GEHTSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licensee acknowledges that Software is of U. S. origin. Recipient agrees to comply with all applicable international and national laws that apply to the Software, including the U. S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U. S. and other governments.
Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to trade foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts. Any opinions, news, research, analyses, prices, indicators, strategies or other information contained on the beta software is provided as general market commentary and does not constitute investment advice. Gehtsoft will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
This Agreement constitutes the complete and exclusive agreement between the Gehtsoft and Licensee with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of the Gehtsoft and Licensee.
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