End user agreement for Signalator FX
END USER SOFTWARE LICENSE AGREEMENT
This is a legally binding agreement between you (either an individual or a single entity), referred to herein as “YOU” and Signalator Limited, a UK company limited by guarantee, company registration number NO: 06219867, registered address: 4 Sherborne Grove, West End, Kemsing, Sevenoaks, Kent, TN15 6QU, UK, referred to herein as “Signalator”. This software entitled "Signalator FX" and all materials included in it are referred to herein as the “Software”. Installing, opening or using all or any portion of this software indicates your acceptance of all the terms and conditions of this "End User License Agreement" referred to herein as “Agreement” and that this "Agreement" is equivalent to a written agreement signed by you. By clicking the “I AGREE” button or performing a similar electronic function, you are providing your acceptance of the terms of this "Agreement". This "Agreement" is enforceable against you and any legal entity that obtained the "Software" and on whose behalf it is used. If you do not agree to the terms of this "Agreement", please do not use this "Software". For purposes of this "Agreement", the “Effective Date” shall mean the date on which you first accepted this "Agreement".
IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS "SOFTWARE" IN HARD COPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW.
The use of this "Software" is governed by the terms and conditions set forth herein. Please read them carefully. This "Agreement" is applicable to all materials included in the "Software" and to the "Software" in its whole part. You are deemed to have read, understood and accepted the terms of this "Agreement" when you install or use the "Software".
1. Grant of License.
"You" are granted a personal, limited, non-exclusive, non-transferable license to use and to install the "Software" on one individual computer for your own use provided that such computer does not render the "Software" accessible to other users through local or Internet networks or other methods. Only the individual that installed the "Software", as indicated by the user information provided when installing the "Software", will have the license to use the "Software". Use by any other person, company, affiliate, corporation, Private Limited Company, Limited Liability Company, trust, or other separate legal entity will require a separate license. This includes companies that may be affiliated to you by ownership or otherwise. The license granted herein shall remain in effect perpetually, but shall terminate upon your use of the "Software" beyond the scope licensed herein or upon your violation of any term or condition hereof. All protections with which "Signalator" is provided under this "Agreement" shall survive the termination of your license to use the "Software".
2. Proprietary rights.
The "Software" is licensed, not sold, to "You" for use solely subject to the terms and conditions of this "Agreement". The "Software" and all worldwide intellectual property and proprietary rights therein and relating thereto, are and will remain the exclusive property of "Signalator" or its licensors, if any. Except for the limited rights expressly granted under the Restrictions section, "You" will have no right, title or interest (whether by implication, or otherwise) in or to the "Software" or any Intellectual Property Rights (as defined below) therein or thereto. "Signalator" retains all rights, title and interest in and to any and all trademarks and logos of "Signalator" displayed on or in the "Software" ."You" agree not to challenge or contest "Signalator" rights to or ownership of, or otherwise attempt to assert any rights in, the "Software". "Intellectual Property Rights" means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights.
Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party which it learns during the course of its performance of this "Agreement", without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this "Agreement". The "Software" contains trade secrets and proprietary know-how that belong to "Signalator" and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE "SOFTWARE", OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS "AGREEMENT", MAY BE ACTIONABLE AS A VIOLATION OF "SIGNALATOR" TRADE SECRET RIGHTS.
4. Non-transfer of rights.
You may not rent, lease, sell, sublicense, assign or transfer your rights in the software, or authorize any portion of the software to be copied onto another individual or legal entity's computer.
Except as expressly permitted under this "Agreement", "You" will not, and will not allow any third party to: (a) copy the "Software" (except for 1 copy for backup and disaster recovery purposes or as described in the documentation accompanying the "Software"); (b) modify, translate, adapt, alter, or create derivative works from the "Software"; (c) merge the "Software" with any other software or documentation; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the "Software"; (e) distribute, sublicense, rent, lease or loan the "Software" to any third party. "You" may not remove, alter or obscure any proprietary notice that appears on the "Software" or on any copies made in accordance with this "Agreement".
6. Software updates.
The "Software" is configured to automatically check for updates. By using the "Software", you consent to receiving software updates, modifications, and/or patches that address issues such as security, interoperability, and performance. Your use of the updates shall be governed by this "Agreement" unless "You" are asked to agree to a new "Agreement" at the time of download or installation.
7. Limitation of liability.
The liability of "Signalator" under this "Agreement", regardless of the basis of liability, will not exceed the fees paid to "Signalator" for the "Software. "Signalator" has no control over the use to which the information generated by the "Software" may be put by "You" and accordingly neither "Signalator" nor any related companies shall be liable for any loss or damage, whether direct, indirect or consequential, foreseen or unforeseen, including loss of profit or other economic loss, arising out of or in connection with the content, delivery or use of the "Software". Accordingly, we accept no responsibility for any use the "Software"."You" should therefore carefully consider whether the "Software" is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances.
8. Term and Termination.
The term of this "Agreement" will begin on the "Effective Date" and, unless earlier terminated as set forth in this "Agreement", will continue indefinitely. You may terminate this "Agreement" at any time by providing notice to "Signalator". This Agreement will also automatically terminate if "You" breach a material term of this "Agreement". Upon any termination of this "Agreement" ,"You" agree to immediately cease all use of the "Software", destroy all copies of the "Software".
9. Warranty and Disclaimer.
"Signalator" does not warrant that: (a) the operation of the "Software" will be uninterrupted or error-free or that functions contained in the "Software" will operate in combinations of software or hardware that may be selected for use by "You"; (b) the "Software" will meet your requirements or expectations; or (c) any results, output, or data provided through or generated by the "Software" will be accurate, up-to-date, complete or reliable. 10. Governing Law.
These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
If a portion of this "Agreement" is held unenforceable, the remainder shall be valid. It means that if one section of the "Agreement" is not lawful, the rest of the "Agreement" is still in force. A party's failure to exercise any right under this "Agreement" will not constitute a waiver of (a) any other terms or conditions of this "Agreement", or (b) a right at any time thereafter to require exact and strict compliance with the terms of this "Agreement".
12. Refund policy
All of "Signalator" products can be evaluated, free of charge, through a trial mode or separate trial version that can be downloaded prior to purchasing. Use the trial before you purchase to ensure that the "Software" will be compatible with your computer systems and satisfy your requirements. If you do not, you accept that the product may not meet your needs and that this will not justify a refund or chargeback.
If you purchase one of our products, after your payment has cleared you will the purchase code to activate the software. Once this information is passed to you, no refunds will be given. We have this policy since it would be impossible for you to return your registered version of our software.
Refunds requested more than 30 days after your initial purchase date will not be issued unless the transaction was subject to a fraudulent purchase. We apologize, but we cannot provide refunds under any of the following circumstances: Any product purchased with source code for any reason whatsoever; Any product for which an online demo or free trial is available; Inability to operate the software in your computing environment; Inability to apply the license policy in your computing environment; Software purchased for the wrong platform.
For inquiries please contact:
Signalator Limited, 4 Sherborne Grove, West End, Kemsing, Sevenoaks, Kent, TN15 6QU, UK.