Single User License
This Agreement (in the following referred to as Agreement) between Devside GmbH (in the following referred to as Devside Trading), owner of the Devside Trading softwares (in the following referred to as Software), and you, (in the following referred to as Licensee), for the purpose of defining the conditions under which the Licensee will use the Software. The following Agreement and the word Software, applies to all Devside Trading Indicators, whether purchased as a bundled package of indicators, or purchased as individual indicators.
This Agreement is a legal contract and specifies the license terms and the limited warranty between you, the Licensee, and Devside Trading for the Software and related documentation. By completing the purchase process, you agree and accept the terms of this Agreement. The terms and conditions should be carefully read before installing or using the Software. Installation or use of the Software confirms your agreement to the terms and conditions of this Agreement as the Licensee. Do not install or use the Software if you do not agree to the terms of this Agreement.
Grant Of License
Devside Trading hereby grants the Licensee a single individual, nonexclusive, license to install and use the Software. This license is not a sale of the original or any copy of the Software. You own the media on which the Software is recorded, but not the Software itself, or any copy of it. The license is subject to the following restrictions:
- You may only install and use TWO copies of the software on two computers.
- You may make a single copy of the Software for backup and archival purposes only. The copy must contain all proprietary notices included in the original. Your back-up copy may not be installed or used on any computer.
In addition, you may not, or contract any party to:
- Reverse engineer the source code of the Software by decompiling, disassembling or translate the Software code, or otherwise display the Software in human readable form.
- Modify the software code without the written consent of Devside Trading.
- Sell, license, rent, lend, distribute or otherwise transfer the Software to another person, firm or legal entity.
- Reproduce, distribute or publicly display the Software except as defined above, or create derivative works of the Software.
- Remove any proprietary Devside Trading notices pertaining to the Software.
Any Software and related documentation provided as a part of an upgrade to an earlier licensed Software release must have a valid license to operate such earlier releases of the same version and edition as the upgrade to install or use the upgrade. All software being upgraded is deemed to be part of the Software and is subject to this Agreement.
All Devside Trading Indicators are the intellectual property of Devside Trading. All Software code is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties.
No Additional Rights Or Licenses
Except for the rights granted in this Agreement, the Licensee, acknowledges and agrees that all other rights and title in and to the Software and related documentation, remains the sole and exclusive property of Devside Trading. The Licensee will not assert any title or interest in or to the Software or related documentation. The Licensee does not receive any rights to any intellectual property rights in the Software code or the related documentation. The Licensee is not authorized to use the name Devside Trading or any other Devside Trading trademarks.
Term Of Agreement & Termination
This Agreement and license is effective from the time of purchase until terminated. Licensee may terminate the Agreement at any time by destroying all copies of the Software. Devside Trading may terminate any license if Licensee fails to comply with any of the terms of this Agreement. Upon the termination the Licensee must promptly return or destroy all copies of the Software and related documentation covered by the license to Devside Trading.
Devside Trading provides no warranties or damages, whether express, statutory, or implied, for the Software. The Software and documentation are provided ‘as is’ and without warranties of any kind, express, statutory or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non infringement. The entire risk as to performance and quality of the Software and its documentation rests entirely by the Licensee. Should the Software and its documentation prove to be insufficient or defective in any way, the Licensee, not Devside Trading, assumes the entire cost servicing and/or repair. Devside Trading does not warrant that the functions contained in the Software meets the Licensees requirements, that it operates uninterrupted or error free, that defects in the Software will be corrected or that it operates in a combination the Licensee may select for use. No oral or written statement by Devside Trading or any representative of Devside Trading shall create a warranty or increase the scope of this warranty. Devside Trading does not warrant that the Software will work with any given databases, platforms, or 3rd party brokers. The Licensee acknowledges that due to the complexity of the Software, it is possible that use of the Software can lead to unintentional loss or corruption of data. The Licensee assumes all risks of data loss or corruption. Warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
Limitation Of Liability
The entire remedies for the Licensee and liability of Devside Trading are defined above. Devside Trading will in no event liable for direct, indirect, incidental or consequential damages resulting from use of the Software, the inability to use the Software, or any defect in the Software including any lost profits, even if Devside Trading or anyone associated with Devside Trading, have been advised of the possibility of such damage or loss. In no event will Devside Trading be liable to the Licensee for any damages, losses, or causes of action, whether in contract, tort, including negligence, or otherwise, exceeding the amount you paid for the product. Furthermore, the Licensee agrees that Devside Trading will not be liable for defense or indemnity with respect to any claim against Licensee by any third party arising from its possession, use of the Software or documentation. To the extent that certain jurisdictions do not allow the exclusion or limiting of relief, incidental or consequential damages, the above limitation or exclusion may not apply to all Licensees.
Internet Trading Risks
Risks associated with using internet based execution trading system include, but are not limited to, failure of the Licensees’ hardware, Software, and/or internet connection. As Devside Trading do not control signal power, its reception or routing via the internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the internet.
This Agreement is the complete Agreement between Devside Trading and the Licensee. It supersedes all prior agreements, oral or written with respect to the Software. Failure or delay of Devside Trading to exercise any of it’s rights under the Agreement or upon any breach of this Agreement, shall not be deemed a waiver of those rights or of the breach. By continuing to install the Software, you hereby agree to be bound by the terms of this Agreement and all the conditions and indemnities contained herein. Trading any financial instrument or market on margin carries a high level of risk, and may not be suitable for all investors or speculators. The high degree of leverage can work against you as well as for you. Before deciding to trade in any financial market you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could lose some or all of your initial investment, and therefore you should not invest or trade speculatively with money that you cannot afford to lose. You should be aware of all the risks associated with trading in any market, and seek advice from an independent financial advisor if you have any doubts. Any opinions, news, research, analysis prices, forecasts or other information contained on this site is provided as general market commentary only, and does not constitute investment advice. Devside Trading 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. Devside Trading makes no claims whatsoever regarding past or future performance. Past results are no indication of future performance. Any trade alert is for educational purposes only. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance trading results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results. No representation is being made that any account will, or is likely to, achieve profits or losses similar to any discussed or shown anywhere on the website.
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 or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results. Off-exchange foreign currency trading 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 invest in 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 off-exchange foreign currency trading and seek advice from an independent financial advisor if you have any doubts.
Government Required Risk Disclaimer
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 overcompensated 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.
Government regulations require disclosure of the fact that while these methods may have worked in the past, past results are not necessarily indicative of future results. While there is a potential for profits, there is also a risk of loss. A loss incurred in connection with trading Futures, stocks, Forex, options or any kind of other trading products can be significant. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition since all speculative trading is inherently risky and should only be undertaken by individuals with adequate risk capital.