End user agreement for Trader's Risk Management Guru
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE CHECK BOX LABELED I AGREE WITH THE ABOVE TERMS AND CONDITIONS THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED CANCEL AND YOUR ORDER WILL BE CANCELED AND YOU WILL NOT BE CHARGED.
Software means the Trader's Risk Management Guru software as provided by us.
Documentation means any help files, readme files and other accompanying manuals, instructions and other explanatory information regarding the Software.
You means the person or company who is being licensed to use the Software or Documentation. We, us and our means Erlo Software, The Netherlands.
We hereby grant you a nonexclusive license to install and use one copy of the Software on a single computer.
Any use or copying of the Software that is not licensed under this license is prohibited.
In addition, we hereby grant you a nonexclusive license to distribute the Software to third parties at no more than the reasonable cost for distribution. For example, you may make the demonstration version of the Software available as a download from your website, or on a CD-ROM or similar storage medium which you give away as promotional item with a magazine or other offering.
We remain the owner of all right, title and interest in the Software and related explanatory written materials (Documentation).
Archival or Backup Copies
You may make three copies of the Software if such copying is necessary for backup purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the License Grant section above.
Things You May Not Do
The Software and Documentation are protected by copyright law and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not:
Copy the Documentation.
Copy the Software except to make archival or backup copies as provided above.
Make the Software available to third parties for commercial gain to you.
Modify or adapt the Software or merge it into another program.
Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software.
Sublicense, rent, lease or lend any portion of the Software or Documentation.
The Software is provided AS-IS.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
Limitation of liability
WE ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES, LOSS OF INCOME OR PROFITS, LOSS OF DATA OR SPECIAL DAMAGES SUFFERED BY YOU OR OTHERS, REGARDLESS OF CAUSE. WE HAVE NO LIABILITY FOR DAMAGE ARISING OUT OF INCORRECT USAGE OF THE SOFTWARE OR ARISING OUT OF ANY COMBINATION OF THE SOFTWARE WITH THIRD PARTY SOFTWARE WHERE THE DAMAGE WOULD NOT HAVE OCCURRED WITHOUT SUCH COMBINATION. IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY DAMAGES DESPITE THE PRECEDING, THEN THE AMOUNT PAYABLE FOR ANY DAMAGES SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE.
You agree to indemnify us from any claims by any third party regarding damages, costs or interest within the framework of this agreement.
In case of force majeure, which includes but is not limited to communications, power failure, riot, insurrection, labor disputes, accident, action of government, restrictions on import and/or export or any inability on our part to perform which is caused by our suppliers, we are entitled to suspend our obligations under this license agreement or to terminate this agreement in its entirety, without any obligation to compensate you for any damages you may suffer as a result.
Term and Termination
This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
The Software contains trade secrets and proprietary know-how that belong to us 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 LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. This license agreement is governed by the laws of the State of the Netherlands. Unless prescribed otherwise by mandatory provisions of law, all conflicts arising out of this agreement shall be brought before the competent Dutch court in the district where Licensor has its principal place of business.
4. If a court finds any provision of this agreement invalid or unenforceable, the remainder of this agreement shall be interpreted so as best to effect the intent of the parties.