End User License Agreement for Forex-Goldmine EA Products
Forex-Goldmine, INC
RoboMiner, RoboMiner Pro, Prospector and GT-Shadow robots
Copyright (C) 2008-2009 Forex-Goldmine, Inc.
Important – Read carefully.
This License Agreement (hereinafter the “Agreement”) is a binding legal agreement between you as an individual or single entity (hereinafter the “Licensee”) and Forex-Goldmine, Inc. (hereinafter the “Licensor”) for the use of the Forex-Goldmine product together with all prior and/or subsequent versions, and all updates thereto (hereinafter the “PRODUCT”).
By modifying, copying or otherwise using the PRODUCT, the Licensee agrees to be bound by the terms of this Agreement. If the Licensee does not agree to any part of the terms of this Agreement, THE LICENSEE CAN NOT INSTALL, USE, DISTRIBUTE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE PRODUCT, OR USE THIS PRODUCT FOR ANY OTHER PURPOSES.
LICENSE GRANT.
The PRODUCT is licensed, not sold. Upon acceptance of this Agreement the Licensor grants the Licensee a personal, nonexclusive, non-transferable, royalty-free license to use the PRODUCT on the trading account registered on the Licensee’ name.
INSTALLATION AND USE.
The Licensee can use the PRODUCT for any MT4 trading account registered on HIS NAME within the rights according to the license’ type purchased. The PRODUCT components used in autotrading are licensed separately for each trading account registered on the Licensee’ name. The Licensee agrees to ask the Licensor via Support Center for new ex4 or dll file (which may be needed for PRODUCT work) every time he needs to use the PRODUCT with new trading account registered on his name. The number of accounts the Licensee can use with the PRODUCT is determined by the type of license he purchased (Demo license allows using the PRODUCT on any number of demo accounts, the Lifetime license allows using the PRODUCT on 1 live account only, the Monthly license allows using the PRODUCT on 1 live account only).
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
1. Limitations on Reverse Engineering, Decompilation, and Disassembly.
The Licensee may NOT reverse engineer, decompile, create derivative works, modify, translate, or disassemble the PRODUCT, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Licensee agrees to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the PRODUCT or any of its constituent parts and files to the fullest extent of all applicable local, federal and international laws and treaties regarding anti-circumvention, including but not limited to the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
2. Separation of Components, their Constituent Parts and Files.
The PRODUCT is licensed as an indivisible unit. The PRODUCT and its constituent parts and any provided files may NOT be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale by the Licensee. The provision of source code, if included with the PRODUCT, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All PRODUCT libraries, source code, files and documentation remain the Licensor’s exclusive property.
3. Transfer.
The Licensee may NOT rent, lease, or lend the PRODUCT. The Licensee may NOT permanently or temporarily transfer ANY of his/her rights under this EULA to any individual or entity. Only the Licensee has the right to use the libraries, redistributables, or other files of the PRODUCT (or any portions thereof) for autotrading with the PRODUCT. In particular, the Licensee may NOT share copies of the PRODUCT with other users. The Licensee may NOT reproduce or distribute any PRODUCT documentation owned by the Licensor without the Licensor explicit permission. The Licensee may NOT distribute the PRODUCT, in any format, to other users for any purpose. The Licensee may NOT use the PRODUCT to create any tool or product that directly or indirectly competes with the PRODUCT.
4. Updates.
Downloading the Demo license for the PRODUCT authorizes the Licensee to upgrade for the Lifetime one at any time after using the Demo license. Purchasing the Lifetime or Monthly license for the PRODUCT authorizes the Licensee to get free updates, upgrades and new versions of the PRODUCT within the version line (e.g. 3.x.). After the official release of new version line for the PRODUCT (e.g. 4.x.) the Licensee is entitled to use the license with the PRODUCT versions released before without any time limitations, however the Licensee is not entitled to get free upgrades, updates and new versions of the PRODUCT released within the next version line. The Licensee has the right to renew the license for the PRODUCT for new version line using the current pricing rules of Licensor and to prolong the right to get free updates, upgrades and new PRODUCT’ versions released within the next version line. If the Licensee is using the PRODUCT’ version not registered the Licensor will not provide the Licensee with updates, upgrades and fixes related to the PRODUCT.
DISCLAIMER.
The Licensor expressly disclaims any warranty for the PRODUCT. The PRODUCT is proved "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the PRODUCT remains with the Licensee.
LIMITATION ON AND EXCLUSION OF DAMAGES.
The Licensee can recover from the Licensor only direct damages up to the amount the licensee paid for the PRODUCT. The Licensee cannot recover any other damages, including consequential, lost profits, exchange trade loses, special, indirect, incidental or any other damages. This limitation applies to claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the software does not fully compensate the Licensee for any losses; or the Licensor knew or should have known about the possibility of the damages.
Licensor does not warrant that the functions contained in the materials will be uninterrupted or error-free, or that our web site or the server that makes it available is free of viruses or other harmful components. Licensor does not warrant or make any representations regarding the use or the results of the use of the materials in our web site in terms of their correctness, accuracy, reliability, or otherwise. You (and not the Licensor) assume the entire cost of all necessary servicing repair or correction.
Without limiting the foregoing, under no circumstances shall Licensor or its authorized resellers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
TECHNICAL SUPPORT SERVICES.
The Licensor will provide the Licensee with technical support services related to the PRODUCT ("Support Services”) within the version line (e.g. 3.x.) and license type. Such support shall be offered through the authorized reseller from whom the EA was originally purchased. Use of Support Services is governed by the terms and conditions of this EULA, Licensor’s policies and terms described in the user manual, in "on line" documentation and/or other Licensor provided materials.
Any supplemental PRODUCT provided to the Licensee as part of the Support Services shall be considered part of the PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information the Licensee provides to the Licensor as part of the Support Services, the Licensor may use such information for its business purposes, including for PRODUCT support and development. The Licensor will not utilize such technical information in a form that personally identifies the Licensee without his written permission.
COPYRIGHT.
All title and copyrights in and to the PRODUCT (including but not limited to any images, algorithms, settings, demos, source code, intermediate files, packages, photographs, animations, video, audio, text and "applets" incorporated into the PRODUCT, the accompanying printed materials, and any copies of the PRODUCT and its parts) are owned by the Licensor. The PRODUCT is protected by copyright laws and international treaty provisions. The EULA doesn’t provide the Licensee with any rights regarding the PRODUCT or any of its constituent parts and any proprietary notices, labels, or other identifying marks owned by the Licensor. Licensee may NOT remove any proprietary notices, labels, or other identifying marks on the PRODUCT.
The Licensor retains all ownership in and to all copies of the PRODUCT itself.
TERM AND TERMINATION.
The Agreement becomes effective when the Licensee agrees to the terms and conditions of this Agreement by downloading, using, accessing or manipulating the PRODUCT (the "Effective Date"), and this Agreement will terminate immediately upon notice to the Licensee of the fact the Licensor knows the Licensee materially breaches any term or condition of this Agreement. Starting from this notification the Licensee cannot use the PRODUCT and ask Licensor for further support and assistance.
The Licensor reserves all rights not specifically granted in this EULA.
The Licensor reserves the right to make changes in this EULA at any moment by publishing the appropriate alterations on www.forex-goldmine.com
ACKNOWLEDGEMENT.
THE LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. THE LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE LICENSEE AND THE LICENSOR, AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATER OF THIS AGREEMENT.
Last modified on October 18, 2009.
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