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BY INSTALLING THE SOFTWARE, COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU, ON BEHALF OF YOURSELF AND (IF DIFFERENT) THE CUSTOMER, ACCEPT AND AGREE TO COMPLY WITH ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU AND/OR THE CUSTOMER DO NOT ACCEPT AND AGREE TO COMPLY WITH ALL OF SUCH TERMS, CLICK ON THE "NO" BUTTON AND DO NOT ATTEMPT TO DOWNLOAD, INSTALL, COPY OR OTHERWISE USE ANY OF THE ELECTRONIC PRODUCTS (AS DEFINED BELOW). Prior to downloading and/or using the Electronic Products you will be required to provide certain information concerning the Customer and concerning yourself as the Customer's representative, on a Customer Registration Form. As and when any of such information changes, the Customer must advise Trade Robot Limited ("TRL") of such change(s) by e-mail to info@traderobot.com.
1. DEFINITIONS
(a) "Agreement" means this end user license agreement;
(b) "Copy" means a copy in any form, including a printed copy, a photocopy, an electronic copy or a digital copy, and "to copy" means to copy or reproduce in any form;
(c) "Customer" means the person or entity specified as the Customer on the Customer Registration Form and the terms of this Agreement apply equally to the Customer as to the Customer's representative, each of whom shall be subject to and bound by all of the obligations imposed on the Customer hereunder;
(d) "Customer Registration Form" means the form required to be completed on this website prior to applying for and/or downloading Electronic Products on and/or from this website;
(e) "Electronic Products" means and includes all information, the Software, the media (if any) on which such information and the Software is supplied by TRL and all other products and services supplied or to be supplied to the Customer by TRL;
(f) "Instructions for Use" means the instructions provided by TRL for use of the Licensed Products, whether such instructions are comprised in manuals (whether downloadable or hard copy), are otherwise derived from this website or are conveyed by TRL or an authorized support person to the Customer or any Licensed User either electronically, in writing, verbally or by any other means;
(g) "Licensed Products" means each of the Electronic Products subscribed for by the Customer and/or supplied to the Customer and updates (if any) supplied by TRL from time to time for that product, and "Licensed Product" means any one of them;
(h) "Licensed Users" of Electronic Products means the total number of personnel (with PCs or terminals) in the Customer's organisation who have been supplied by TRL with a username and password and who may access a Licensed Product at the same time;
(i) "Media" means any physical media, including a CD ROM or disk but excluding the internet;
(j) "Order Form" means the form provided on this website for ordering any Licensed Product;
(k) "Site" means the single location of the Customer which is nominated in the [Order Form] or the [Site Application Form];
(l) "Software" means any software supplied to the Customer by TRL, by whatever means;
(m) "TRL" means Trade Robot Limited of Mitchell House, PO Box 174, The Valley, Anguilla, British West Indies.
2. In consideration of the Customer paying the specified license fee for a Licensed Product, TRL grants to the Customer a non transferable, non exclusive license only to use the Licensed Product specified on the Order Form for the period for which such license fee is applicable.
3. The Software and all right and title to the intellectual property in the Software is the sole and exclusive property of TRL and is protected by copyright and patent law. While TRL continues to own the Software, the Customer will have certain rights to use the Software after acceptance of and payment for this license. This license governs any releases, revisions, updates, upgrades or enhancements to the Software that TRL may provide to the Customer.
4. The Customer and/or any Licensed User may, in accordance with, and only in accordance with, the Instructions for Use:
4.1. use one copy of the Software on a single computer;
4.2. use the Software on a network, provided that the Customer has a licensed copy of the Software for each computer that can access the Software over that network.
5. The Customer may not:
5.1. use the Software otherwise than in accordance with the Instructions for Use;
5.2. sublicense, rent or lease any portion of the Software;
5.3. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of, or create derivative works from, or based upon, the Software in whole or in part;
5.4. distribute copies of the Software;
5.5. remove any proprietary notices or labels from the Software;
5.6. resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software;
5.7. use a previous version or copy of the Software after it has received an upgraded version;
5.8. use a later version of the Software than is provided herewith unless it has separately acquired the right to use such later version;
5.9. use the Software in any manner not expressly authorized by this license;
and shall ensure that no Licensed User or other person associated with the Customer shall do any of such acts or things.
6. Pursuant to the terms and conditions hereof, TRL retains the right, to be exercised solely in its discretion, to revoke this Agreement should the Customer breach any of the foregoing terms and conditions, or if the Licensed Products are used in any manner, directly or indirectly, inconsistent with the terms and conditions hereof.
7. TRL may maintain and modify the Licensed Products during the term of this Agreement, whether by the provision of new releases, revisions, updates, upgrades, enhancements or otherwise, and may do so during the term of this Agreement without Notice to the Customer. If required by TRL, the Customer must download and install or otherwise use any such modifications to the Licensed Products in accordance with the Instructions for Use applicable thereto, before continuing to use the Licensed Product(s) concerned.
8. REPRESENTATIONS
8.1. TRL does not warrant that the Licensed Products will meet the Customer's requirements or will be free of interruption or error. TRL makes and has made no express warranties, oral or written, regarding the Licensed Products or their fitness for purpose, accuracy, adequacy, quality, timeliness or title and the Licensed Products are provided "as is" without warranty of any kind. TRL disclaims any and all warranties, whether express implied, or statutory, including, without limitation, the implied warranties of non-infringement of third party rights, merchantability and fitness for a particular purpose. To the maximum extent permitted by applicable law, TRL and its agents and assigns shall not be liable for indirect, incidental, special, consequential or similar damages (including, but not limited to, any lost profits, lost savings or lost data) arising from any cause related to the Licensed Products even if TRL has been advised of the possibility of such damages.
8.2. The Customer is hereby deemed to bear all risk and responsibility arising from the use of the Licensed Products and any and all results obtained or obtainable from its use. The Customer shall be deemed to be responsible for all losses, including, but not limited to, Customers, the Licensors, third parties' and that of any servant, officer or agent of any of them, arising out of the use, including negligent use, of the Licensed Products during the term of this Agreement.
8.3. In no event will TRL's liability for any claim, whether in contract, tort, or any other theory of liability, exceed the license fee paid by the Customer, provided, however, that if the relevant product was provided to Customer at no charge, TRL shall not be liable for any damages.
8.4. The disclaimers and limitations set forth above will apply regardless of whether you accept the software.
9. This Agreement shall terminate automatically if Customer or any Licensed User fails to comply with the limitations described herein, or if Customer does not elect to continue the license following the expiration of the period for which the appropriate license fee has been paid. No notice shall be required from TRL to effectuate such termination. Upon termination, Customer and all Licensed Users must uninstall and destroy all copies of the Software.
10. In the event of invalidity of any provision in this Agreement, such invalidity shall not affect the validity of the remaining portions thereof.
11. Governing Law.
11.1. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
11.2. This Agreement shall be governed by the laws of the Island of Anguilla, British West Indies, which is the jurisdiction of incorporation of TRL, and shall be subject to the exclusive jurisdiction of the Courts of the said Island.
12. This is the entire agreement between the Customer and TRL and supersedes any prior agreement, whether written or oral, and all other communications between TRL and the Customer relating to the subject matter of this Agreement.
13. All rights in respect of the Electronic Products not expressly granted in this Agreement are reserved by TRL.
Copyright © 2003 TRADE ROBOT LIMITED, Mitchell House ,Mahogany Drive, The Valley, Anguilla, British West Indies. All rights reserved. Trade Robot, FX Trade Robot, Trade Robot Master, Trade Robot Client and Trade Robot - the only way to trade are trademarks of TRADE ROBOT LIMITED. |
