END USER LICENSE AGREEMENT
Memberships are non-transferable and non-refundable.
YOU MAY NOT INSTALL OR USE THIS SOFTWARE UNLESS YOU HAVE CAREFULLYREAD THE TERMS AND CONDITIONS SET FORTH BELOW:
This End User License Agreement (the “Agreement”) is an agreement between you and Windsor Park Forex Inc., and its subsidiaries, affiliates and licensors (collectively, "Windsor Park"). This Agreement governs your use of this software and its related documentation which you maydownload from Windsor Park’s website (the “Software”).
BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT INSTALL OR USE THE SOFTWARE. IF YOU INSTALL THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE DEEMED FULLY ACCEPTED BY YOU.
(a) Subject to the terms and conditions set forth herein, Windsor Park hereby grants you a personal, non-sub licensable, non-transferable, non-exclusive license to download, install and use the Software solely as set forth in this Agreement and the accompanying documentation, and solely for your personal noncommercial use only.
(b) If the Software was provided to you on a no-charge or Demo basis, then, in addition to the other provisions and limitations hereof, the Software may be used only for the purpose of using it on a practice account, unless you purchase a full-use license.
(c) During the term of this Agreement, you may only use one licensed copy of the Software at any one time per live trading account. Notwithstanding the foregoing, you have the right to download up to six (6) copies of the Software during the term of this Agreement for an additional fee per copy. The price for additional copies can be found on the company web site.
(i) When you first use the software, the software will require you to input your live account number at the top of the dialog box for authentication, This will provide you with a right of access. You must request activation for your live account by using the outlined procedure found in the back office of the company’s web site.
2. Reservation of Rights; Restrictions. All rights not expressly granted by Windsor Park in this greement are reserved. Except as otherwise expressly provided under this Agreement, you shall not, and shall not allow any third party to: (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying algorithms of the Software by any means whatsoever, to the maximum extent such restriction is allowable under applicable law,
(b) alter, modify, enhance, or create a derivative work or improvement of any part of the Software,
(c) remove, alter, or obscure any product identification, copyright, or other intellectual property notices embedded within the Software, (d) resell, re-license or sublicense, lease, lend the Software, or otherwise grant rights in the Software to any third party, (e) use the Software for timesharing, hosting or group trading or COOP purposes, or (f) use the Software for any commercial use. You understand and agree that (i) the Software is licensed to you and not sold; and (ii) Windsor Park retains title to the Software (including but not limited to any code, characters, storyline, images, photographs, animations, video, music, text, “applets” incorporated into the Software, and any related documentation), and all associated copyrights, trademarks, and other intellectual property rights therein.
(a) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, the
Software is provided to you “AS IS,” and your use is at your own risk. We do not make, and hereby disclaim, any and all other express, implied OR STATUTORY warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, no infringement of third party rights, and any warranties arising from a course of dealing, usage, or trade practice. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability.
(a) To the maximum extent permitted by applicable law, NEITHER Windsor Park NOR its suppliers and partners shall BE LIABLE TO YOU FOR ANY lost profits, cost of substitute goods or services, or any form of indirect, special, incidental, consequential or punitive damages from any causes of action ARISING with respect to this Agreement or the SOFTWARE licensed hereunder, whether arising in tort (including negligence), contract, strict liability or otherwise, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL WINDSOR PARK’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
(b) You acknowledge and agree that the provisions under this Agreement that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement that are fundamental to the parties’ understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach or other occurrence hereunder, AND even under circumstances that cause any exclusive remedy under this Agreement to fail of its essential purpose.
As part of that process, no personally identifiable information about you is collected and only select non-personally identifiable information, including Internet Protocol Address, is temporarily logged. No logged information is used to determine any personally identifiable information about you. This technology is integrated into the Software; by using the Software you consent to use of the technology.
6. Term and Termination. Windsor Park may, at its option, terminate this Agreement immediately upon notice to you, if you fail to comply with any terms and conditions of this Agreement. Promptly upon termination, all license rights granted under this Agreement will terminate and you must destroy all copies of the Software in your possession or control and cease all use of the Software.
Our termination will not limit any of our other rights or remedies under this Agreement or at law or in equity. Notwithstanding anything contained herein to the contrary, Sections 2-6 shall survive termination or expiration of this Agreement for any reason.
(a) Limits on Your Right to Transfer. Neither this Agreement nor any rights, licenses or obligations hereunder, may be assigned by you, either voluntarily or by operation of law, without Windsor Park’s prior written consent. Any attempted assignment in violation of this Agreement shall be void and without effect. Subject to the foregoing, this Agreement will benefit and bind the parties’ successors and assigns.
(b) Severability and Survival. If any provision of this Agreement is illegal or unenforceable under applicable law, the remaining provisions of this Agreement will remain valid and fully enforceable. If any provision is in part enforceable and in part unenforceable, it will be enforced to the extent permitted under applicable law.
(c Injunctive Relief. You agree that a breach of this Agreement adversely affecting Windsor Park’s proprietary rights in the Software may cause irreparable injury to Windsor Park for which monetary damages would not be an adequate remedy and Windsor Park shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law.
(d) Governing Law. This Agreement shall be governed by and construed under the laws of the State of Washington without regard to conflicts of laws provisions thereof. Unless waived by Windsor Park in writing for the particular instance (which Windsor Park may do at its option), the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the Washington state and federal courts having within their jurisdiction the location of Windsor Park’s principal place of business. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Washington or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement nor to any dispute or transaction arising out of this Agreement.
(e) Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
(f)Any person who visits, uses or downloads any product, content or information from this or any other related web site automatically and without reservation agrees that in no event shall Windsor Park Forex, Inc., its parent companies or affiliates, be liable for any damages whatsoever, including but not limited to direct, indirect, special, consequential, incidental, exemplary, punitive or other damages such as lost profits or revenue, business interruption, data loss, costs of replacement of goods or damages to your computer equipment arising out of or in connection with the use of, or inability to use, this site or any other hyper linked web site or the information contained or services offered at any of these sites, even if Power Trade Live is expressly advised of the possibility of such damages. Use at your own risk.
(g) Entire Agreement. This Agreement constitutes the entire agreement between you and Windsor Park with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless made in writing and signed by Windsor Park. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase terms, the terms of this Agreement shall take precedence.