End-User License Agreement for Elliott Wave App.
Please read carefully the terms and conditions of this Agreement. This Agreement uses some of the definitions set out in paragraph 1 below.
This Agreement, and any new versions, between Elliott Wave App. and You, covers all Your use of Trading Terminal from any computers where Trading Terminal has been installed, by You or by third parties. You can accept this Agreement by clicking on the "Next" button or "Accept" button or similar buttons or links as may be designated by Elliott Wave App.
Your agreement with Elliott Wave App. may also include the Additional Terms (as defined below). The Additional Terms shall include, but are not limited to, the terms and policies set out in the current Agreement.
The Elliott Wave App. is a plug-in application which has been adapted to work with trading platforms such as metatrader4, metatrader5 produced by MetaQuotes Software Corp found at http://www.metatrader4.com/en and has no other association with the said mentioned company.
You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract. We recommend that you should print off or save a copy of the Agreement for your records.
If the law of Your country prohibits You from downloading or using Trading Terminal because of some restrictions or because the Trading Terminal is not allowed in Your country, please don't use it.
1.1 The following terms and expressions used in this Agreement shall have the following meanings:
Product(s): The Elliott Wave App. is a plug-in application software. This product and source code written for the MetaQuotes Language 4 (MQL4), which is used for creating executable files that can be run in the trading terminal. - UI: the user interface works with MetaQuotes' Software. - Documentation: The Elliott Wave App will provide a operations manual for the end user. Effective Date: the date on which this Agreement is entered into by clicking on the "Next" button or "Accept" or similar buttons or links as stated above or upon installation or use of the Trading Terminal by You, whichever occurs earlier.
Additional Terms: the terms and conditions and policies applicable to Your use of the Elliott Wave App. Software, Products and the Website, published and declared in addition to this Agreement.
The Elliott Wave App: is a add-on application software privately owned by Matthew Laird Acred with offices at Soliman Corporate Center, 2182 Chino Roces Avenue Makati City Philippines.
Content: means any and all content consisting of text, sounds, pictures, photos, video and/or any type of information or communications.
IP Rights: means patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and applications, extensions and renewals in relation to any such rights.
Elliott Wave App. Online Material: The Elliott Wave App. materials available for download on the Elliott Wave App. Website at http://www.elliot-wave.com, and at FXCM https://www.fxcmapps.com/ as such may be changed from time to time by Elliott Wave App. or FXCM at its sole discretion.
Elliott Wave App. Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by Elliott Wave App. for the promotion of its company, its products and activities, other than the Elliott Wave App. Online Material.
You: You, the end user of the Elliott Wave App., also used in the form "Your" where applicable.
1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.
1.3 Any phrase introduced by the expressions "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. LICENSE AND RESTRICTIONS
2.1 License: Subject to the terms of this Agreement, Elliott Wave App. hereby grants You a limited, personal, non-exclusive, simple, non-sublicensable, non-assignable, license to download, install and use the Elliott Wave App. on Your computer, phone or PDA.
2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Elliott Wave App. or any part thereof.
2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, translation into other languages, creation of derivative works, reverse engineering, decompiling, disassembling or hacking of the Elliott Wave App. or any part thereof. You will also not create other software based on the Elliott Wave App.
2.4 Third Parties: Elliott Wave App. may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Elliott Wave App. falls under the scope of this Agreement.
Any and all other third party software or technology that may be distributed together with the Elliott Wave App. will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with Elliott Wave App. or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Elliott Wave App. or its Affiliates to enforce any of your rights.
2.5.1. For the purposes of these Elliott Wave App. terms, "Permitted Purpose" shall mean the purpose of using the application for the better understandings of financial movements and charting purposes.
2.5.2 Without the prior written consent of Elliott Wave App., You will not remove or hide, modify, not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking executable code of the Elliott Wave App, take over or otherwise alter the User Interface of Elliott Wave App. At all times, You will comply with the requirements and specifications relating to application design and use and presentation.
2.5.3 You will not remove or hide, modify, not undertake, cause, permit or authorize decompiling, modification, reverse engineering, disassembling or hacking of software applications developed using the Elliott Wave App. that is subject to any third party proprietary rights, unless you have a permission from the owner of such rights.
2.5.4 Save as expressly approved in writing by Elliott Wave App, You will not distribute the Software Application online through website(s) that in Elliott Wave App s' opinion is/are in any way similar to, or infringe the intellectual property rights of the Elliott Wave App' Website or use Elliott Wave App' trademarks or words describing Elliott Wave App' products or services as the registered URL for website(s).
2.5.5 You will not use the Elliott Wave App in any Software Application that in Elliott Wave App' opinion is actually or potentially fraudulent or inappropriate or contrary to the EULA or any other Additional Terms.
2.5.6 You agree that the services and products provided through Your Software Application shall be provided by You in compliance with all applicable laws and regulations (including without limitation those relating to the protection of privacy and the processing of personal data or traffic data).
2.5.7 You will not use the Elliott Wave App to create a Software Application that sends unsolicited communications (whether commercial or otherwise) protected by an applicable law to any third party.
2.5.8 You agree that You are solely responsible for (and that Elliott Wave App has no responsibility to You or to any third party for) any services and/or products You provide through Your Software Application.
2.5.9 You hereby specifically acknowledge that Your rights to use the Elliott Wave App are strictly subject to Your full compliance with this Agreement and any breach of any provision of these MQL4 IDE terms or applicable Additional Terms shall give rise to automatic right of termination by Elliott Wave App.
2.5.10 Nothing in these Elliott Wave App terms will give You any right to use the Elliott Wave Apps' Promotional Materials, including without limitation the Elliott Wave Apps' trademarks and logos.
2.5.11 At all times, You must constantly monitor the Elliott Wave Apps' Website to ensure You are aware of any changes in the Elliott Wave App terms, the EULA or any other applicable Additional Terms. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the Elliott Wave App and, where applicable, any and all use of the Elliott Wave App' Software.
2.5.12 You represent and warrant that You are authorized to agree to and meet with the terms and conditions of the Elliott Wave App.
2.5.13 You acknowledge and agree that Your use of the Elliott Wave App will be at Your own risk and account. You agree, on demand, to indemnify, defend and hold Elliott Wave App, its Affiliates and staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by such person, in connection with or arising out of (a) Your use of the Elliott Wave App or (b) any breach or violation of the terms and conditions of these Elliott Wave App terms and any other applicable Additional Terms.
2.5.14 Elliott Wave App reserves the right to modify these Elliott Wave App terms and conditions at any time, on a general or individual basis, by publishing the revised Elliott Wave App terms on the Elliott Wave Apps' Website. Your continued use of the Elliott Wave App shall constitute Your acceptance to be bound by the terms and conditions of the revised Elliott Wave App terms.
2.5.15 In the event that You wish to use the Elliott Wave App in a manner other than as expressly set out in these Elliott Wave App terms such use is expressly prohibited unless and until Elliott Wave App enters into a specific license with You in writing.
2.6 IP Rights
2.6.1 When You use the Elliott Wave App for a Permitted Purpose, You retain the IP Rights You may have in Your Software Application.
2.6.2 Elliott Wave Apps' Promotional Materials: Nothing in this Agreement will give You any right to use the Elliott Wave Apps' Promotional Materials.
2.6.3 Updates to and New Versions of the Elliott Wave App' Product and Software: Elliott Wave App, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Elliott Wave App' Product and Software. Elliott Wave App has no obligation to make available to You any subsequent versions of the Elliott Wave App' Product and Software.
2.6.4 Lawful purposes: You will use the Elliott Wave App solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of codes or instructions that are designed to distort, delete, damage or disassemble the Elliott Wave App or the communication; (c) use the Elliott Wave App in violation of the laws of your; (d) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.
2.6.5 Elliott Wave App uses Internet connection to provide its functionality. All costs for the Internet traffic associated with Your use of the Elliott Wave App shall be paid by You.
2.6.6 Representations: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the Elliott Wave App, the Products and/or the Elliott Wave Apps' Website.
2.6.7 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Elliott Wave App AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF Elliott Wave Apps' SOFTWARE, OR (D) COMMUNICATION SPREAD BY MEANS OF THE Elliott Wave App.
2.6.8 You may use the Product in any country, in accordance with the terms of this Agreement.
3. TERM, TERMINATION, UPDATES
3.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Elliott Wave App or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant Elliott Wave Apps' Service (as applicable), and will remain effective until terminated by either Elliott Wave App or You as set out below and/or in the applicable terms.
3.2 Termination: You may terminate the Terms with immediate effect at any time. Without limiting other remedies, Elliott Wave App may limit, suspend, or terminate this license and Your use of Elliott Wave App, prohibit access to the Elliott Wave Apps' Website and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the terms of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the Elliott Wave App shall immediately terminate; (b) You will immediately cease any and all use of the Elliott Wave App; and (c) You will immediately remove the Elliott Wave App from all hard drives, networks and other storage media and destroy all copies of the Elliott Wave App in Your possession or under Your control.
3.4 New Versions: Elliott Wave App reserves the right to change this Agreement at any time by publishing the revised Agreement on the Elliott Wave Apps' Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance by clicking on the "Next" button or "Accept" button or link or Your continued use of the Elliott Wave App after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. Elliott Wave App reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the Elliott Wave Apps' Website (unless You expressly accept the revised terms earlier by clicking on the accept button if this option is made available), or within the timeframe set out in the applicable terms if different.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 No Warranties: THE METAQUOTES' SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; METAQUOTES DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE METAQUOTES' SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. METAQUOTES FURTHER DOES NOT REPRESENT OR WARRANT THAT THE METAQUOTES' SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES METAQUOTES WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE METAQUOTES' SOFTWARE.
4.2 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Elliott Wave App remains with You, to the maximum extent permitted by law.
4.3 No Liability: The Elliott Wave App is being provided to You as a add-on application software. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT Elliott Wave App, ITS AFFILIATES, ITS LICENSORS AND THE Elliott Wave App STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Elliott Wave App, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Elliott Wave App IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH Elliott Wave App.
4.4 Limitation of Liability: IN NO EVENT SHALL Elliott Wave App, ITS AFFILIATES, ITS LICENSORS OR THE Elliott Wave App STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
4.4.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Elliott Wave Apps' SOFTWARE; AND
4.4.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE Elliott Wave App;
4.4.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE Elliott Wave App;
(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY Elliott Wave App FOR ANY REASON; AND
(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE Elliott Wave Apps' TO YOU.
4.5 THE LIMITATIONS ON Elliott Wave App LIABILITY TO YOU IN PARAGRAPH 4 ABOVE SHALL APPLY WHETHER OR NOT Elliott Wave App, ITS AFFILIATES OR THE Elliott Wave App STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
4.6 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF Elliott Wave App FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF Elliott Wave App, THE Elliott Wave App STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
4.7 Jurisdiction's Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
5.1 Entire Agreement: The terms and conditions of the Agreement constitute the entire agreement between You and Elliott Wave App with respect to the Elliott Wave Apps' Product and Software and will supersede and replace all prior understandings and agreements, unless they have been entered into in writing as a separate document, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Elliott Wave App arising out of fraud or fraudulent misrepresentation.
5.2 Partial Invalidity: If any provision of the Agreement, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Agreement as a whole, the legality, validity or enforceability of the remainder of the Agreement (including the remainder of the terms which contains the relevant provision) shall not be affected.
5.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Agreement or by law shall not constitute a waiver of that right, power or remedy. If Elliott Wave App waives a breach of any provision of the Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
5.4 Assignment: You are not allowed to assign the Agreement or any rights hereunder. Elliott Wave App is allowed at its sole discretion to assign the Agreement or any rights hereunder to any third party, without giving prior notice.
5.5 Applicable Law and Competent Court: The Agreement shall be governed by and interpreted in accordance with the laws of Bahamas and shall be subject to the jurisdiction of the courts of America.
5.6 Language: The original English version of the Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
5.7 Survival: The terms of paragraphs 2.5, 3 and 4 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE NEXT BUTTON OR ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE Elliott Wave App, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Elliott Wave App THE RIGHTS SET FORTH HEREIN.