End-User License Agreement (EULA) for Software Provided by AB-Trading (Asif Bacchus)
This End-User License Agreement ("EULA") is a legal agreement between the end-user or entity ("you", "your") in possession of or using any Trading Indicator, Drawing Tool, Strategy, System or Computer Program (all hereinafter referred to as "Software") coded or provided by AB-Trading (Asif Bacchus) ("Author", "us", "our").
This EULA governs your acquisition and use of our Software directly from us or indirectly through an authorized reseller or distributor ("Reseller").
Please read this EULA carefully before completing the installation process and using our Software. It provides a license to use our Software and contains warranty information and liability disclaimers.
If you register for a free trial of our Software or have received a demonstration version or licence for the same, this EULA will also govern that trial or demonstration. By accepting said trial or by installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA.
If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do not install or use the Software, and you must not accept this EULA.
This EULA shall apply only to the Software supplied by AB-Trading (Asif Bacchus) herewith regardless of whether other Software is referred to or described herein. The terms also apply to any directly related or associated updates, supplements, internet-based services, and support services for the Software directly provided by us, unless other terms accompany those items on delivery. If so, those terms apply.
AB-Trading (Asif Bacchus) hereby grants you a personal, non-transferable, non-exclusive licence to use our Software which references this EULA on your devices in accordance with the terms of this EULA.
You are permitted to load the Software on a device (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.
For software not specifically identified as 'open-source' or for which the source-code is not freely available and clearly linked to on the relevant website(s) for said software, You are NOT permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other Software (except where required to execute the Software), nor decompile, disassemble or reverse engineer the Software or attempt to do any such things without express consent from the Author.
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose without our explicit written permission.
- Allow any third party to use the Software on behalf of or for the benefit of any third party.
- Use the Software in any way which breaches any applicable local, national or international law.
- Use the Software for any purpose that AB-Trading (Asif Bacchus) considers is a breach of this EULA.
For software that is specifically identified as 'open-source' or for which the source-code has been made freely available and/or has been clearly linked to on the relevant website(s) for said software:
- If a 'LICENSE.md' or 'LICENSE' file is included in the repository for the software, you are granted exactly the permissions and rights as outlined in that document; or
- If the software code itself has a 'LICENSE' region defined or contains a section of code titled or otherwise identified as 'LICENSE', you are granted exactly the permissions and rights as outlined in said region or section of code. Such a region or section of code shall be deemed to be more up-to-date and, thus, shall supersede any accompanying license file contained within the repository as outlined in the above point; or
- If neither of the above points apply to the software, you are to assume the most recent MIT License (as found at 'https://opensource.org/licenses/MIT') shall apply to you and govern your use and interactions with the software.
Liability and Warranty
By accepting, accessing, installing or using our Software, you acknowledge our Software is provided "as is" without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the Author be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Software or the use or other dealings in the Software.
Trading performance and risk
TRADING INVOLVES RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL PROFIT AND LOSS RESULTING FROM USING OUR SOFTWARE. We do not provide trading advice on our website or in anything we may separately convey to you, including by email, nor are the signals derived from our Software to be construed as a recommendation for or against any particular trade or position in any financial market.
There is significant risk of loss in futures, forwards, foreign exchange (forex), equities (stocks and securities), Exchange Traded Funds (ETFs), cryptocurrency and options trading. Trade only with money you can afford to lose. You alone are ultimately and completely responsible for the testing, quality assurance and execution of any and all methodologies, including using our Software, that you choose to employ when making your trading decisions.
Unless specifically and clearly stated to the contrary, all performance metrics and data pertaining to our Software and communicated to you in any form has been derived from hypothetical and/or backtested trading results. Past performance is not necessarily indicative of future results. Hypothetical performance results have many inherent limitations which include but are not limited to the following:
- Hypothetical results are prepared with the benefit of hindsight;
- Hypothetical results do not involve actual financial risk and, thus, cannot fully account for said risk or real-market instability, illiquidity or ‘shocks’;
- Hypothetical results do not account for the personality, risk tolerances and psychology of any individual trader and their ability to cope with and withstand drawdowns and losses or the willingness or determination to adhere to any particular strategy; and
- Hypothetical results fail to account for numerous other factors related to the markets in general and to the individual(s) implementing any particular trading system with real financial risk.
No representation is being made by us that you can or will or are even likely to achieve profits or losses similar to any represented as being made using our Software. Furthermore, while we make all reasonable efforts to ensure all information presented about our Software is as accurate, complete and reliable as possible, we cannot and do not guarantee the completeness, accuracy or reliability of such information and/or the analysis and signals based thereon.
Intellectual Property and Ownership
Unless you have received written confirmation stating otherwise from us, AB-Trading (Asif Bacchus) shall at all times retain ownership of the Software as originally downloaded or otherwise obtained by you and all subsequent copies or versions of the Software obtained by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of AB-Trading (Asif Bacchus).
AB-Trading (Asif Bacchus) reserves the right to grant licences to use the Software to third parties unless an explicit agreement between you and us regarding this specific matter supersedes this EULA.
This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon receipt of written notice received by us.
This EULA will terminate immediately if you fail to comply with any term of this EULA.
Upon termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.
At our discretion, we may modify all or any part of this EULA if the performed modifications are minor and only concern the non-essential clauses of this EULA and do not affect the basic obligations of the parties. These modifications will be enforced as of the moment you download any version or revision of the Software which references this updated EULA. Any fees, subscription dues or any other such consideration due by you to us may not be increased under this clause.
If any modifications or amendments made to this EULA affect the essential obligations of the parties, the version of the EULA used before the modification will remain valid up to the term of the current annual period. At the end of the current annual period, the EULA will be renewed and the new (modified) EULA will enter into force and effect. The new EULA shall be implicitly agreed upon by both parties. If you do not agree with the new EULA, you must terminate the EULA as per the Termination clause herein. Termination for this reason shall intervene without expense.
Entire Agreement, Waiver, Severability
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. All other previous agreements or writings are therefore superseded. Any waiver of a party's breach of any provision of this EULA shall not be taken, construed, or held to be a waiver for any breach thereafter or any other provision hereof. Wherever possible, each provision of this EULA will be interpreted in such manner as to be effective and valid under the most applicable Canadian and/or Alberta law. However, if any provision of this EULA is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in force as if the invalidated provision did not exist.
If the Software is provided or delivered with its own EULA, contract, license or agreement ("Supplemental Agreement") then that Supplemental Agreement shall supersede only the specific portions of this EULA explicitly stated in the Supplemental Agreement or those that can be reasonably inferred by a plain reading of the Supplemental Agreement.
This EULA does not prohibit, prevent or make unenforceable any future agreements made between you and us regarding any specific terms as outlined in this EULA or any other agreements reached between the parties for the use of or dealings with the Software.
This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of the Nation of Canada in the Province of Alberta.
This EULA is inspired by and based upon that provided by EULA Template.
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