ExperCharts4FX Terms and Conditions
This is a legal and enforceable contract between you as the individual, the company or the legal entity that will be utilising the software (referenced below as “You” or “Your”) and ExperCharts4FX (“ExperCharts4FX”). By installing the software, you are agreeing to be bound by and accept all the terms of this License Agreement. By clicking “I agree” or otherwise indicating assent electronically, or loading the software, you agree to all the terms and conditions of this License Agreement. If you do not agree to all the terms and conditions of this License Agreement, click the “Cancel” button or otherwise indicate refusal, make no further use of the software and contact ExperCharts4FX for information on how to obtain a refund.
EXPERCHARTS4FX LICENSE AGREEMENT – ExperCharts4FX
1. GRANT OF LICENSE TO USE. The ExperCharts4FX product, data and documentation that accompany this License Agreement is referred to herein as “SOFTWARE.” After your acceptance of this License Agreement ExperCharts4FX grants to you as an individual, a personal, non-exclusive, non-transferable license to use the SOFTWARE for the sole purpose of designing, developing, and testing your options strategies during the SERVICE PERIOD. The SERVICE PERIOD shall be the period for which you have obtained the rights to use the SOFTWARE as described in this License Agreement. ExperCharts4FX grants to you the limited right to use only one copy of the SOFTWARE on a single computer at a time in the manner set forth in this License Agreement. If you are an entity, ExperCharts4FX grants you the right to designate one individual within your organization to have the right to use the SOFTWARE in the manner provided above. ExperCharts4FX reserves all rights not expressly granted.
1a. BETA VERSIONS. If SOFTWARE is licensed as a beta version, the following also applies. This SOFTWARE is pre-release software and is provided on an “as is”, unsupported basis. ExperSignal4FX shall have no obligation to correct errors or deliver updates to the SOFTWARE. This License Agreement does not entitle you to any maintenance or other services or any updates or new versions of the SOFTWARE or entitle you to receive the final, generally available version of such SOFTWARE should such version be made available by ExperCharts4FX .
2. COPYRIGHT. The SOFTWARE is owned by ExperSignal (“ExperSignal”) (a supplier to ExperCharts4FX) and is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording). You may not use or copy the SOFTWARE or any accompanying written materials for any purposes other than what is described in this License Agreement.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not reverse-engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code or create derivative works from the SOFTWARE. You may not reverse-engineer, decrypt, disassemble, modify, translate, make any attempt to discover the unencrypted data or create derivative works from the encrypted data files. ExperCharts4FX products are supplied for private and personal use only. If you intend to use ExperCharts4FX products for any commercial purposes (for example writing a trading related newsletter or blog), prior permission must be obtained from ExperCharts4FX. This includes use and publication of any screen shots, printed or annotated charts captured from ExperCharts4FX products.
4. OWNERSHIP OF SOFTWARE. You own the magnetic or other physical media on which the SOFTWARE is recorded. However, ExperSignal retain title and ownership of the SOFTWARE recorded on the original disk and all subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and other copies exist. The SOFTWARE is licensed, not sold.
5. SOFTWARE FEATURES AND UPDATES. You shall have the right to receive new features to the SOFTWARE as ExperCharts4FX, in its sole discretion, makes such features available with the SOFTWARE and as provided to you during your SERVICE PERIOD. ExperCharts4FX continually strives to improve the usability and performance of its products and services. In order to optimise the SOFTWARE, ExperCharts4FX may, at its sole discretion and without notice, add, modify or remove features from the SOFTWARE at any time.
6. CONFIDENTIAL INFORMATION. Any business and technical information that ExperCharts4FX designates as confidential or proprietary, any reports provided by you to ExperCharts4FX and all information regarding the SOFTWARE including, but not limited to, the content of the SOFTWARE, your username and password and the results of your evaluation of the SOFTWARE constitute confidential information of ExperCharts4FX (“CONFIDENTIAL INFORMATION”). ExperCharts4FX, at its sole discretion, may disclose such CONFIDENTIAL INFORMATION. However, you may not disclose to any third party any CONFIDENTIAL INFORMATION, including, without limitation, the results of your evaluation of the SOFTWARE, without the prior written consent of ExperCharts4FX. Furthermore, you agree to limit access to CONFIDENTIAL INFORMATION to your authorised employees that have executed appropriate confidentiality agreements with you that protect the CONFIDENTIAL INFORMATION consistent with the requirements of this License Agreement. The restriction regarding disclosure of CONFIDENTIAL INFORMATION does not extend to any CONFIDENTIAL INFORMATION that you can establish: (a) is now or hereafter becomes generally available to the public other than as a result of your breach of this License Agreement, (b) is disclosed or made available to you by a third party without restriction and without any breach of confidentiality obligation, (c) was independently developed by you without access to or use of the CONFIDENTIAL INFORMATION, or (d) is approved for disclosure by ExperCharts4FX in writing.
6a. RIGHTS TO IDEAS AND MATERIALS PROVIDED TO ExperCharts4FX. You grant ExperCharts4FX and necessary sub-licensees permission to use and a grant of a worldwide, non-terminable, royalty-free, full assignable and transferable right and license in perpetuity to use materials you provide to ExperCharts4FX (including feedback and suggestions) or submit to ExperCharts4FX or any other party for review by the general public or any public or private community (collectively “Submissions”) for all purposes of ExperCharts4FX, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to use the ideas, concepts, methods, designs, code you have submitted for evaluation and testing and for use, deployment, sub-licensing or other exploitation, and/or integration into an ExperCharts4FX product or service for evaluation, testing, use, deployment, sub-licensing and other exploitation; to publish your name in connection with your Submission; and the right to sublicense all such rights.
7. LIMITED WARRANTY. THE SOFTWARE, ACCOMPANYING WRITTEN/MULTI-MEDIA MATERIALS (INCLUDING INSTRUCTIONS FOR USE) AND DATA ARE PROVIDED “AS IS”.
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ExperCharts4FX EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DATA AND DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NEITHER ExperCharts4FX NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR DATA SHALL BE LIABLE UNDER ANY LEGAL THEORY FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS LOSSES, BUSINESS INTERRUPTION, LOSS OF GOODWILL) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DATA, OR ANY OTHER CLAIM BY ANY PARTY EVEN IF ExperCharts4FX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD ExperCharts4FX, ITS SUPPLIERS (INCLUDING ANY PROVIDER OF DATA) AND ExperSignal, HARMLESS FROM AND AGAINST ANY CLAIMS, DAMAGES, OR LOSS YOU MAY SUFFER RESULTING FROM ANY CLAIMS BY END USERS OF THE SOFTWARE OR OF ANY WORK, FOR ANY REASON WHATSOEVER, INCLUDING ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DATA, OR ANY OTHER CLAIM BY ANY PARTY EVEN IF ExperCharts4FX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
CUSTOMER REMEDIES. ExperCharts4FX’s entire liability and your exclusive remedy shall not exceed the purchase price which you paid for the applicable SERVICE PERIOD. In no case shall ExperCharts4FX’s or its suppliers liability exceed this amount.
The disclaimers and limitations set forth above will apply regardless of whether you accept the SOFTWARE.
8. REFUSAL OF TRANSACTION. We reserve the right to withdraw any products for sale at any time and/or remove or edit any materials or content of this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
9. CANCELLATION BY US. We reserve the right to cancel the contract between us if a) we have insufficient stock to deliver the goods you have ordered; b) we do not deliver to your area; or c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
10. GENERAL. This License Agreement shall be governed by and construed in accordance with the laws of England and Wales applicable thereto. You consent to the jurisdiction of the English courts as the exclusive jurisdiction for determination of all disputes and claims arising between the parties to this License Agreement. If any provision of this License Agreement is found to be unlawful, void or unenforceable, then that provision shall be severed from this License Agreement and shall not affect the validity and enforceability of any of the remaining provisions. This License Agreement constitutes the entire agreement between the parties with respect to the subject matter of this License Agreement, and supersedes all prior agreements and understandings between the parties with respect to such subject matter.
11. RISK DISCLOSURE & PERFORMANCE DISCLAIMER STATEMENT: Trade at your own risk. The SOFTWARE and any accompanying information provided is intended for educational purposes only and neither purports nor intends to be, specific trading advice. It has been prepared without regard to any particular person’s investment objectives, financial situation and particular needs. Information should not be considered as an offer or enticement to buy, sell or trade. You should seek appropriate advice from your broker, or licensed investment advisor, before taking any action. Past performance does not guarantee future results. Simulated performance results contain inherent limitations. Unlike actual performance records the results may under or over compensate for such factors as lack of liquidity. No representation is being made that any account will or is likely to achieve profits or losses to those shown. By purchasing ExperCharts4FX products you acknowledge and accept that all trading decisions are your own sole responsibility, and ExperCharts4FX or anybody associated with ExperCharts4FX including Daniel Lyons and ExperSignal cannot be held responsible for any losses that are incurred as a result.
12. U.S. Government Required Disclaimer – Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to buy/sell futures, stocks or options on the same. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed. The past performance of any trading system or methodology is not necessarily indicative of future results.
13. CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE, SUPPORT AND TEXTS. OUR COURSE(S), PRODUCTS AND SERVICES SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.
