These license terms are an agreement between FX AlgoTrader and you.
Please read them. They apply to the software you are downloading from
www.fxalgotrader.com, which includes the media on which you received it,
if any. The terms also apply to any fxalgotrader updates, supplements, internet-based services and support services for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software on your devices. The software is compatible with Microsoft Windows based versions of the MetaTrader platforms developed by Metaquotes. Products are developed and marketed for MetaTrader 4 and MetaTrader 5 platforms specifically with no forward or backward compatability.
2. SCOPE OF LICENSE.
The software is licensed, not sold. This agreement
only gives you some rights to use the software. FX AlgoTrader reserves
all other rights. Unless applicable law gives you more rights despite
this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical
limitations in the software that only allow you to use it in certain
ways.
You may not:
work around any technical limitations in the binary versions of the software |
reverse engineer, decompile or disassemble the binary versions of the software, except and only to the extent that applicable law expressly permits, despite this limitation |
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation |
publish the software for others to copy |
rent, lease, sell or lend the software |
transfer the software or this agreement to any third party |
use the software for commercial software hosting services |
3. DOCUMENTATION.
Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
4. SUPPORT SERVICES.
FX AlgoTrader will provide web based support to
licenced customers who have read and implemented the steps outlined in
the technical support sections of the FX AlgoTrader website.
www.fxalgotrader.com. Customers who do not read the support documentation
will incurr a fee of $35/hour for supplementary support payable in
advance.
5. ENTIRE AGREEMENT.
This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
6. APPLICABLE LAW.
a. United Kingdom. If you acquired the software in the United Kingdom,
UK law governs the interpretation of this agreement and applies to claims
for breach of it, regardless of conflict of laws principles.
b. Outside the United Kingdom. If you acquired the software in any other
country, the laws of that country apply.
7. LEGAL EFFECT.
This agreement describes certain legal rights. You may
have other rights under the laws of your country. You may also have
rights with respect to the party from whom you acquired the software.
This agreement does not change your rights under the laws of your country
if the laws of your country do not permit it to do so.
8. DISCLAIMER OF WARRANTY.
The software is licensed “as-is.” You bear
the risk of using it. FX Algotrader gives no express warranties,
guarantees or conditions. You may have additional consumer rights under
your local laws which this agreement cannot change. to the extent
permitted under your local laws, FX Algotrader excludes the implied
warranties of merchantability, fitness for a particular purpose and noninfringement.
9. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
You can recover from FX Algotrader and its suppliers only direct damages up to
$5.00 USD. You cannot recover any other damages, including consequential,
lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and |
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and |
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and |
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 FX AlgoTrader knew or should have known about the
possibility of the damages. The above limitation or exclusion may not
apply to you because your country may not allow the exclusion or
limitation of incidental, consequential or other damages.
10. LICENSING MODEL
Standard (non JavaFX / JFX products) are licensed for specific MT4 account numbers.
Each customer is entitled to register up to four (4) concurrent MT4
licenses at any one time. The license data can be changed by the customer
at any time in the license management area on the website (www.fxalgotrader.com). JavaFX / JFX based products are not licensed to specific MT4 accounts so there is no requirement to register any MT4 account numbers.
11. REFUND POLICY
FX AlgoTrader operate a limited refund policy which is applicable within the first 5 days after purchase providing the following clauses are adhered to.
FAIR NOTICE / OPPORTUNITY TO RESOLVE AN ISSUE
. If the software does not perform to the quoted specification on the website the customer must inform FX AlgoTrader of the issue via email. If no satisfactory solution is provided by FX AlgoTrader within 5 days after notification a full refund will be issued. The customer must provide detailed evidence the product is not performing to specification.
FAILURE TO FOLLOW SUPPORT GUIDANCE
Where customers fail to follow or choose to ignore technical support guidance provided by FX AlgoTrader such as failing to read/ follow installation guides - the refund policy will not apply.
INSTALLATION PROCEDURE TOO COMPLEX / TECHINCALLY CHALLENGING / TAKING TOO LONG
Where customers request a refund based on the installation procedure being too complex, beyond their technical ability or they state they have spent too much time attempting to install the product and do not wish to continue - the refund procedure will not apply. Installation guides are clearly available on all product pages and customers are urged to review the installation procedure prior to purchase. Product installation can be done within 5 minutes by anyone who can read and follow written instructions. The installation guides are exhaustive in addressing 99% of all known issues which occur on customer machines. FX AlgoTrader cannot be expected to offer Windows technical support as part of our licensing model.
LICENSE MANAGEMENT OBJECTION
The refund policy will not apply. Licensing details are clearly displayed on all product pages.
JAVA SOFTWARE USAGE OBJECTION
The refund policy will not apply. All FX AlgoTrader products which require the use of Java clearly state this on the respective product webpage.
ANTI-VIRUS ALERT FLAG OBJECTION
If a third party client based anti-virus program flags an FX AlgoTrader product or installer as 'potentially unsafe' the customer may contact our technical support department who will verify the integrity of the program/file using a third party online virus scanner such as Kaspersky Threat Intelligence Portal. The refund policy will not apply where files/programs/installers pass third party online virus checks.
UNREALISTIC EXPECTATIONS
FX AlgoTrader have no control over market dynamics, trade frequency, system profitability, configuration settings, trading timeframes or how traders use the licensed software. Where customers claim an FX AlgoTrader products does not meet their 'desired' trade frequency or 'expectations' in terms of system profitability - the refund policy will not apply.
SUB-STANDADARD/ INCONSISTENT DATA ON CUSTOMER TRADING PLATFORM
FX AlgoTrader cannot control the quality of the data on the client's trading platform. It is the clients responsibilty to ensure their trading data feed is up to date and contiguous. Where FX AlgoTrader product performance is adversely affected due to poor underyling data on the clients platform the refund policy will not apply.
STRATEGY CHANGE / ALTERNATIVE SOLUTION FOUND
Where customers decide their trading style no longer suits the FX AlgoTrader products they purchased or they have found another product - the refund policy will not apply.
PAYPAL "NOT AS DESCRIBED" CASES
Where a customer opens a Paypal case claiming the product is "not as described", the customer is required to clearly demonstrate why the product does not meet the quoted specification on the specific product webpage. Refunds will not be considered where a customer suffering from 'buyer remorse' fraudulently uses Paypal's "not as described" method in an attempt to gain a refund.
PHASED PAYMENT PLANS FOR PERPETUAL LICENSES - CANCELLATION BEFORE PLAN COMPLETION
Where a customer purchases an FX AlgoTrader product using a phased payment plan (executed using a set number of collection cycles from a subscription agreement) and the customer cancels the subscription agreement before completion, FX AlgoTrader will remove access to the product. No refund wil be made of any partial payments made to date on the phased payment plan.
SUBSCRIPTIONS
IGNORANCE CLAIM
Where a customer claims they were unaware they had entered into a subscription agreement after a subscription payment has been processed no refund will be due. Customers can cancel active subscriptions at any time in their Paypal account.
FRAUDULENT/UNAUTHORISED USE CLAIM
Where a customer enters into a subscription agreement for an FX AlgoTrader product and claims a subsequent subscription payment was made fraudulently or without authorization no refund will be due