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  • IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT. This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.

End User License Agreement

  • This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Avexsoft with regard to the copyrighted Software (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by Avexsoft in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Avexsoft is unwilling to license the SOFTWARE PRODUCT to you.

High Risk Warning

  • Trading Futures on a margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to trade you should carefully consider your investment objectives, level of experience, and appetite for risk. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.

Eligible Licensees

  • This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.

License Grant

  • Avexsoft grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single computer. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.
  • The Software is licensed, not sold. 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 Avexsoft and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Avexsoft or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

Reverse Engineering

  • You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to Avexsoft.

Disclaimer of Warranty

  • The Software is provided "AS IS" without warranty of any kind. Avexsoft and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither Avexsoft nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Avexsoft IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
  • You agree to use any information and services located on but not limited to our operating website http://www.avexsoft.com and buy-sell signals at your own risk. Avexsoft and its legal directors, employees or contractors are not responsible for any losses which result from use of these information and services.
  • Avexsoft and its legal directors, employees or contractors are not responsible for content, products, services and activities of websites and organizations which advertise or promote Avexsoft and its operating website http://www.avexsoft.com or have a direct link to http://www.avexsoft.com and/or any of its content.

Limitation of Liability

  • Avexsoft's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall Avexsoft or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Avexsoft or its supplier has been advised of the possibility of such damages, or any claim by a third party.

Rental

  • You may not loan, rent, or lease the SOFTWARE.

Upgrades

  • If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.

OEM Product Support

  • Product support for the SOFTWARE PRODUCT IS provided by Avexsoft. For product support, please call Avexsoft. Should you have any questions concerning this, please refer to the address provided in the documentation.

Subscriptions

  • Subscriptions will be entered into for an indefinite period of time, unless Avexsoft and you have agreed on a fixed period of time.
  • If your Subscription is for an indefinite period of time, either you or Avexsoft may terminate your Subscription by terminating the recurring payment at any point in time. If your Subscription is for a fixed period of time, it will automatically end upon expiration of such period of time, unless otherwise stated, there will be no refunds when a subscription is terminated.
  • Avexsoft reserves the right to change the prices for or the terms and conditions applicable to your Subscription, subject to giving you reasonable prior notice thereof (either via email, the Avexsoft website or otherwise).
  • Avexsoft may terminate your Subscription by providing at least 30 days prior notice if Avexsoft decides to discontinue offering such Subscription or such separate service respectively.
  • Avexsoft may terminate or restrict your Subscription with immediate effect without notice of default being required if (i) you fail to comply with any material term of these terms and conditions which shall be understood to include clause 3, (ii) collection through the Payment Service for Subscriptions should fail after a second attempt, or (iii) the use of the Service is in breach of Avexsoft' Fair Use Policy.
  • Upon termination of your Subscription, your License as detailed in clause 3 will terminate simultaneously.

No Liability for Consequential Damages

  • In no event shall Avexsoft or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use Avexsoft, even if Avexsoft has been advised of the possibility of such damages.

Indemnification By You

  • If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Avexsoft and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.