End user agreement for Adaptive Modeler
Adaptive Modeler Software License Agreement
PLEASE READ THE FOLLOWING LEGAL SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE PRESSING THE “AGREE” BUTTON BELOW. BY PRESSING “AGREE” OR BY INSTALLING OR USING THE SOFTWARE PROVIDED WITH THIS LICENSE (THE "SOFTWARE") YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS “DISAGREE” AND DO NOT INSTALL OR USE THE SOFTWARE. YOUR USE OF THIS SOFTWARE IS CONDITIONED UPON YOUR COMPLIANCE WITH THE TERMS OF THIS LICENSE.
1. LICENSE. This License allows the organization or individual who was provided a copy of the Software directly by Altreva with its consent (“You”) to install and use one copy of the Software on a single computer for the duration as set forth in this License. In addition you may make one copy of the Software in machine-readable form for backup purposes only, provided that the backup copy includes all copyright or other proprietary notices contained in the original. You may not make the Software available over a network where it could be used by multiple users or computers. You may not run the Software on multiple Virtual Machine instances. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software's features. This License is non-exclusive and is not transferable to any other system, or to another organization or individual. You are not entitled to use the Software in any way which might compete with the activities of Altreva.
2. OWNERSHIP. The Software is owned and copyrighted by Altreva. Your License confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS. You may not copy, modify or create derivative works of the Software or parts thereof. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Altreva and you will not acquire any rights to the Software except as expressly set forth in this License.
4. TRANSFER. You may not sell, rent, lease, lend, distribute, give, sublicense or otherwise disclose the Software or parts thereof or its output or results to another organization or individual, neither stand-alone nor as a part of a another product or service.
5. LICENSE DURATION AND TERMINATION. For the Evaluation Edition, the duration of this license (“License Term”) is one and a half (1.5) year or shorter if the Software expires earlier. For the Standard Edition and Professional Edition, the License Term is three (3) years, unless another License Term is specified on your invoice or in another written agreement with Altreva. Your rights to use the Software under this License will terminate at the end of the License Term. Your rights under this License will terminate automatically without notice from Altreva if you fail to comply with any term(s) of this License. Upon termination of this License you shall cease all use of the Software and destroy all full or partial copies of the Software.
6. REVERSE ENGINEERING. You agree that you will not attempt to reverse engineer, decompile, modify, translate, or disassemble the Software in whole or in part.
THE SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE AND WITHOUT ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
NO OFFER OR SOLICITATION TO BUY OR SELL SECURITIES, SECURITY DERIVATIVES OR FUTURES PRODUCTS OF ANY KIND, NOR ANY TYPE OF INVESTMENT OR TRADING ADVICE OR RECOMMENDATION, IS MADE, GIVEN OR IN ANY MANNER ENDORSED BY ALTREVA OR ANY OF ITS AFFILIATES.
THE SOFTWARE IS INTENDED AS AN EDUCATIONAL AND RESEARCH TOOL ONLY. NEITHER ALTREVA NOR THE SOFTWARE ENDORSES OR RECOMMENDS ANY PARTICULAR INVESTMENT OR TRADING STRATEGY OR MECHANICAL TRADING SYSTEM. ALTREVA IS NOT AN INVESTMENT ADVISORY SERVICE, NOR A REGISTERED INVESTMENT ADVISOR OR BROKER/DEALER. THE SOFTWARE DOES NOT MAKE TRADING RECOMMENDATIONS. IT ONLY EVALUATES THE HYPOTHETICAL RESULTS OF MECHANICAL TRADING SYSTEMS USING HISTORICAL PRICING DATA. NO REPRESENTATION IS BEING MADE THAT THE SOFTWARE WILL GUARANTEE PROFITS IN TRADING. NEITHER THE SOFTWARE NOR ANY DEMONSTRATION OF ITS OPERATION SHOULD BE CONSTRUED AS A RECOMMENDATION OR AN OFFER TO BUY OR SELL SECURITIES, SECURITY DERIVATIVES OR FUTURES PRODUCTS OF ANY KIND. ANYONE USING OR RELYING ON THE SOFTWARE IN ANY WAY FOR INVESTMENT OR TRADING PURPOSES DOES SO AT THEIR OWN RISK, UNDERSTANDING THAT IT MAY RESULT IN SUBSTANTIAL FINANCIAL LOSSES.
PAST PERFORMANCE OR RESULTS, WHETHER ACTUAL, INDICATED BY SIMULATED HISTORICAL TESTS OF STRATEGIES OR MECHANICAL SYSTEMS, OR OTHERWISE DEMONSTRATED BY THE SOFTWARE OR BY ALTREVA, IS NO GUARANTEE OF FUTURE PERFORMANCE OR RESULTS AND SHOULD NOT BE CONSTRUED AS INDICATIVE OF FUTURE PERFORMANCE OR RESULTS. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS. NO REPRESENTATION IS BEING MADE THAT ANYONE WILL OR IS LIKELY TO ACHIEVE RESULTS SIMILAR TO THOSE SHOWN. THERE IS A RISK OF LOSS IN TRADING SECURITIES, OPTIONS OR FUTURES. BEFORE DECIDING TO INVEST OR TRADE YOU SHOULD CAREFULLY CONSIDER YOUR INVESTMENT OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE. YOU SHOULD BE AWARE OF ALL RISKS ASSOCIATED WITH INVESTING AND TRADING AND SEEK ADVICE FROM AN INDEPENDENT FINANCIAL ADVISOR IF YOU HAVE ANY DOUBTS.
ALTREVA IS NOT LIABLE FOR ANY INFORMATIONAL ERRORS, INCOMPLETENESS, OR DELAYS, OR FOR ANY ACTIONS TAKEN IN RELIANCE ON INFORMATION CONTAINED IN OR PROVIDED BY THE SOFTWARE, OR FOR ANY FINANCIAL LOSS RELATED TO THOSE ACTIONS. THE SOFTWARE DOES NOT VERIFY THE CORRECTNESS, VALIDITY OR COMPLETENESS OF IMPORTED QUOTES, ANY OTHER IMPORTED DATA OR USER INPUT AND IN NO WAY ENDORSES THE VALIDITY OF SUCH DATA OR INPUT. THE SOFTWARE AND ITS PERFORMANCE MAY BE ADVERSELY AFFECTED BY MARKET CONDITIONS, QUOTE DELAYS, USER INPUT, SYSTEM PERFORMANCE AND OTHER FACTORS.
BY USING THE SOFTWARE YOU ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. ANY LIABILITY OF ALTREVA WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL ALTREVA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR OTHER DAMAGES OF ANY KIND INCLUDING LOSS OF TURNOVER OR PROFIT, DAMAGE RESULTING FROM PERSONAL ACTIONS OR DAMAGE RESULTING FROM THIRD PARTY CLAIMS AGAINST YOU, ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF ALTREVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ALTREVA’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
9. ILLUSTRATIVE MENTIONING OF SECURITIES. Securities mentioned in examples, help, documentation or elsewhere in the Software or on the Altreva.com website are for illustrative purposes only. Altreva may have positions in these securities and may buy or sell these securities.
10. TRADEMARKS. Altreva and Adaptive Modeler are trademarks of Altreva. Altreva is registered in Utrecht, the Netherlands (Kamer van Koophandel number: 34309443).
11. SEVERABILITY. In the event of invalidity of any provision of this License, the parties agree that such invalidity shall not affect the validity of the remaining portions of this License.
12. APPLICABLE LAW AND COMPETENT COURT. This License and all resulting obligations shall be governed by the laws of the Netherlands. The District Court of Amsterdam shall have exclusive competence to hear and decide any dispute arising out of or in connection with this License or any resulting agreements.