End user agreement for Investment Portfolio Management
OTrader Software Licence
WARNING: PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU, THE CUSTOMER, AGREEING TO THE TERMS SET OUT BELOW. DO NOT INSTALL OR USE THIS SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS LICENCE AND WISH TO BECOME THE LICENSEE OF THE SOFTWARE. ACCEPTANCE SHALL BIND YOU AND ALL OF YOUR EMPLOYEES TO THE TERMS OF THE LICENCE. YOUR INSTALLATION OR USE OF THIS SOFTWARE WILL BE DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT WISH TO ACCEPT THE TERMS, RETURN THIS PACKAGE UNOPENED TO OTRADER AND ANY LICENCE FEE YOU MAY HAVE PAID WILL BE REFUNDED TO YOU.
1.1. Pursuant to this licence, the licensee acquires a non-exclusive right to:
(a) use the enclosed program,
(b) make one copy for backup purposes only, and
(c) use the program strictly in accordance with the provisions of this licence.
1.2. If the licensee wishes to use the program on more than one computer at the same time, it may make an additional copy upon receipt of written consent from Wildjet Pty Ltd (ACN 090 540 819) trading as OTrader (“OTrader”) and upon payment of an additional licence fee.
2. Australian Financial Services License (AFSL)
Wildjet Pty Ltd (ACN 090 540 819) trading as OTrader Software is a not financial planner, advisor, registered accountant, or financial professional and do not hold an Australian Financial Services License (AFSL).
The laws relating to investment, taxation, benefits, and the handling of money are constantly changing in government policy. So, while every care has been taken to ensure the accuracy of the material contained, here in, Wildjet Pty Ltd (ACN 090 540 819) trading as OTrader Software will not be responsible or liable for any action taken by any person, persons or organizations, on the purported basis of any information contained on this website or any notes provided to me.
I further acknowledge that none of the staff of Wildjet Pty Ltd (ACN 090 540 819) trading as OTrader Software shall be (i) held liable for any decisions or actions I may take, and (ii) I indemnify James Ramsay, Wildjet Pty Ltd (ACN 090 540 819) trading as OTrader Software; staff; resellers and commission agents of Wildjet Pty Ltd (ACN 090 540 819) trading as OTrader Software; against any future actions, losses, expenses, and legal costs, for myself, or any outside party I may provide information to.
3. Trial Installation
When installing the software in the 20 day trial mode the client accepts they do not have a full license until they have paid the license fee and received proof of purchase. After the 20 day trial the client accepts the program will no longer be functional. The client may not reset the trial period without written consent from OTrader Software.
4. Licence Fee
The licensee is not entitled to use the program without the 20 day trial active until the licence fee has been paid. In the case of payment by cheque, payment will not be deemed until the cheque has been cleared. A separate licence fee is payable in the circumstances described in clause 1.2.
This licence extends to any attached or related documentation. The documentation may not be copied, modified or used in any way not contemplated or expressly authorised by this agreement.
6. Licencee's Obligations
The licensee hereby undertakes the following obligations:
(a) to not copy, reproduce, translate, adapt, vary or modify the program without the express consent of OTrader, except as expressly authorised by this agreement;
(b) to supervise and control the use of the program in accordance with the terms of this licence;
(c) to ensure its employees, sub-contractors and other agents who have authorised access to the program are made aware of the terms of this licence;
(d) to not provide or otherwise make available the program in any form to any person other than those referred to in paragraph (c) without the written consent of OTrader; and
(e) to not use the program for or in connection with a service bureau operation.
7.1. The licensee acknowledges that the program cannot be guaranteed error free and further acknowledges that the existence of any such errors shall not constitute a breach of this licence.
7.2. Notwithstanding the above named, OTrader warrants that the software media is free from defects in manufacture and that the program will in all material respects perform in accordance with the documentation.
7.3. In the event any statute implies terms into this agreement which cannot be lawfully excluded, such terms will apply to this agreement, save that the liability of OTrader for breach of any such implied term will be limited, at the option of OTrader, to any one or more of the following:
(a) the replacement of goods to which the breach relates or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
7.4. OTrader will not be liable for any indirect or consequential damages arising out of a breach of this licence or arising out of the supply of a defective program.
7.5. The licensee acknowledges that it has exercised its independent judgment in acquiring the program and has not relied on any representation made by OTrader which has not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by OTrader.
8.1. The licensee acknowledges that the program and documentation are the subject of copyright. The licensee shall not during or any time after the expiry or termination of this licence permit any act which infringes that copyright and, without limiting the generality of the foregoing, the licensee specifically acknowledges that it may not copy the program except as otherwise expressly authorised by this agreement.
8.2. The documentation may not be copied under any circumstances. Additional copies of the documentation may be acquired from OTrader.
8.3. The licensee shall indemnify OTrader fully against all liabilities, costs and expenses which OTrader may incur to a third party as a result of the licensee's breach of the copyright provisions of this agreement.
9. Term of Licence
9.1. This licence commences upon payment of the licence fee and is granted in perpetuity, but may be terminated in the following circumstances:
(a) if the licensee is in breach of any term of this agreement;
(b) if the licensee, being a corporation, becomes the subject of insolvency proceedings;
(c) if the licensee, being a firm or partnership, is dissolved; or
(d) if the licensee destroys the program and documentation for any reason.
9.2. Upon termination, the licensee or its representative shall destroy any remaining copies of the program and documentation or otherwise return or dispose of such material in the manner directed by OTrader.
9.3. Termination pursuant to this clause shall not affect any rights or remedies which OTrader may have otherwise under this licence or at law.
The benefit of this agreement shall not be dealt with in any way by the licensee (whether by assignment, sub-licensing or otherwise) without OTrader's written consent.
Failure or neglect by either party to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of that party's rights under this licence.
12. Governing Law
This licence shall be governed by and construed according to the law of Western Australia.