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
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.
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:
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 U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to
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 refund policy which is applicable within the first 5 days after purchase. The refund policy is valid where the licensed software does not perform to the quoted specification. The customer must first inform FX AlgoTrader of the non performance issue via email. If no satisfactory solution is provided by FX AlgoTrader within 5 days after notifcation a full refund will be issued.
11.1 LICENSE MANAGEMENT OBJECTION
Where a customer requests an immediate refund due to objections over FX AlgoTrader's license management model, a 20% administration charge will be deducted from the original purchase price. Licensing details are clearly displayed on all product pages.
11.2 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 meet their 'expectations' in terms of system profitability - the refund policy will not apply.
11.3 FAILURE TO FOLLOW SUPPORT GUIDANCE
Where customers fail to follow or choose to ignore technical support guidance provided by FX AlgoTrader - the refund policy will not apply.
11.4 STRATEGY CHANGE
Where customers decide their trading style no longer suits the FX AlgoTrader products they purchased - the refund policy will not apply.
11.5 PAYPAL DISPUTES
Customers must contact FX AlgoTrader's technical support department if they experience any problems with their licensed products. Where customers immediately open a Paypal dispute without first contacting the FX AlgoTrader technical support team - FX AlgoTrader will terminate the license agreement immediately, charge a 20% handling fee and refund 80% of the purchase price.
11.6 SUBSCRIPTIONS - IGNORANCE CLAIM
Where a customer claims they were unaware they had entered into a subscription agreement after a subscription payment has been processed and in the event the customer requests a refund for this subscription payment - FX AlgoTrader will cancel the license agreement and make a pro rata refund based on the remaining unexpired licensed period. FX AlgoTrader will also deduct a handling fee which will be 20% of the subscription payment in question. If the handling fee is greater than the pro rated value of the unexpired license period no refund will be issued.
11.7 SUBSCRIPTIONS - 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 - FX AlgoTrader will cancel the license agreement and make a pro rata refund based on the remaining unexpired licensed period. FX AlgoTrader will also deduct a handling fee which will be 20% of the subscription payment in question. If the handling fee is greater than the pro rated value of the unexpired license period, no refund will be issued.
* Subsequent subscription payments are where the intial term of the subscription has elapsed and Payal have procesed the next subscription payment as part of the subscription billing cycle.
11.8 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.