PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT “LICENSE” CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU WILL NOT BE PERMITTED TO USE THE SOFTWARE.
Note on translation: This Software License Agreement may have been translated into various languages for the convenience of ‘BeAWinningTrader.com’ Users. While the translation is correct to the best of ‘BeAWinningTrader.com” knowledge, ‘BeAWinningTrader.com’ is not responsible or liable in the event of inaccuracy. English is the controlling language of this End User Software License Agreement (“Eula”), and any translation has been prepared for you as a courtesy only. In the event of a conflict between the English-language version of this Eula and a version that has been translated into another language, the English-language version shall control.
1. The License – The STB Trend Trader, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the “Software”) are licensed to you by ‘BeAWinningTrader.com’. You own the media on which the Software is recorded, but ‘BeAWinningTrader.com’ and/or ‘BeAWinningTrader.com’ licensor(s) retain title to the Software. The Software that you download from https://www.Beawinningtrader.com/ and any copies that this License authorizes you to make are subject to this License. ‘BeAWinningTrader.com’ hereby grant you (the “User” and/or “you”) a non-transferable, non-sub, non-exclusive License for the use of the Software, for a trial period of 30 days, under the restrictions of use contemplated in this Agreement. Under the License, the User can make use of the Software for the intended use only.
1. Permitted Uses and Restrictions – This License allows you to install and use the Software on a single computer at a time, in addition to a tablet, smartphone or other mobile device. This License does not allow the Software to exist on more than one computer at a time. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute, or creative derivative works based upon the Software in whole or in part or transmit the Software or a network. You may not transfer or assign your rights to this License. Your rights under this License will terminate automatically without notice from ‘BeAWinningTrader.com’ if you fail to comply with any term(s) of this License.
1. Term and Termination – This Eula and your right to download and use the Software will take effect at the moment you click “I ACCEPT” or you install, access, or use the Site at https://www.Beawinningtrader.com/ (“Site”) and is effective until terminated, as set forth below. This Agreement will terminate automatically if you click “I REJECT”, with the consequence that you will not be permitted to download or access the Software. This Agreement may be terminated by ‘BeAWinningtrader.com’ without notice at any time and for any reason. In addition, ‘BeAWinningTrader.com’ reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access the Software, in whole or in part, in order to protect its name and goodwill, its business and/or other authorized users, and if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination is effective without notice. You may also terminate this Agreement at any time by ceasing to use the Software, subject to the survival rights below. Upon termination, you must remove the downloaded Software from your possession. The following provisions shall survive termination of this Eula for any reason: License (§1), Permitted Uses and Restrictions(§2) Earnings and Income Disclaimer (§4), Intellectual Property (§5) Disclaimer of Warranty on SoftwareIndemnification (§7), Limitation of Liability (§9), Indemnification (§10), Governing Law (§12) and Miscellaneous (§13).
1. Earnings and Income Disclaimer – THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS OR PERCENTAGE GAIN, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS. TRADING PERFORMANCE (MONETARY AND INCOME RESULTS) ARE BASED ON MANY PEROSNAL FACTORS. YOU MAY AND SHOULD ASSUME YOU WILL PROBABLY WILL LOSE MONEY TRADING. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL BE A SUCCESSFUL, PROFITABLE TRADER, OR MAKE ANY MONEY AT ALL IN YOUR TRADING USING OUR SOFTWARE. THERE IS NO ASSURANCE YOU’LL DO AS WELL AS OUR ‘BeAWinningTrader.com’. IF YOU RELY UPON OUR FIGURES AS PRESENTED IN ANY PRESENTATIONS OR VIDEOS DISPLAYED IN THE SITE, YOU ACCEPT THE RISK OF NOT DOING AS WELL OR EVEN LOSE TRADING CAPITAL. OUR SOFTWARE MAY HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR VIDEOS, SERVICE, OR SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR FINANCIAL DECISIONS WHILE USING THE SOFTWARE.
1. Intellectual Property – The User expressly agree that all and any intellectual rights in the Software, including any changes, modifications etc., that will be made to the Software in the future, with or without connection to the User, are, and shall remain at all times, wholly and exclusively vested in ‘BeAWiniingTrader.com’.’BeAWinningTrader.com’ expressly reserves all other rights not specifically granted herein to User. User understands that the Software as offered by ‘BeAWinningTrader.com’ is the intellectual property of ‘BeAWinningTrader.com’, and/or its affiliated companies, and/or its providers, in part or in full. It is hereby clarified that User neither has nor will have the right to copy, to modify, to disassemble, to hack nor to duplicate any proprietary right, of any kind whatsoever, in any matter whatsoever that relates to the Software and/or ‘BeAWinningTrader.com’ intellectual property rights, directly or indirectly, including without limitation any modifications, enhancements or derivatives thereof and/or even extra developments.
1. Third Party Technology Disclaimer – User acknowledges that some of the Software components and/or services are based on third parties and there might be latency, error, malfunction, delay in data etc. which ‘BeAWinningTrader.com’ has no control of, ‘BeAWinningTrader.com’ shall make all commercially reasonable efforts to make the Software available to the User, but shall not be responsible or liable for any direct, indirect, punitive, incidental, special or consequential damages that arise from any fault, inaccuracy, omission, delay or any other failure due to third party failure(s).
1. Disclaimer of Warranty on Software – You expressly acknowledge and agree that use of the Software is at your sole risk and responsibility. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND’BeAWinningTrader.com’ EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ‘BeAWinningTrader.com’ DOES NOT 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, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ‘BeAWinningTrader.com’ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE ORRELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY ‘BeAWinningTrader.com’ OR ITS AUTHORIZED REPRESENTATIVES SHALL BE INTERPRETED AS ADVICE OR CREATE A WARRANTY. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH USE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ANY USE OF THE SOFTWARE OR ANY INVESTMENT BASED THEREON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, You understand and accept that ‘BeAWinningTrader.com’ cannot and does not guarantee or warrant that software available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
8. No Advice – You acknowledge that the Software and its related services are not providing or offering any legal, tax, accounting or investment advice, or recommendation regarding suitability, profitability, investment strategy or other matter.
8. Limitation of Liability – UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ‘BeAWinningTrader.com’ OR ITS AUTHORIZED REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, ATTORNEYS, SUCCESSORS, AND ASSIGNS, LICENSORS, AND AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMIATION MAY NOT APPLY TO YOU. In no event shall ‘BeAWinningTrader.com” total liability to you for all damages exceed the amount paid for the Software.
8. Indemnification – You agree to indemnify, defend and hold harmless ‘BeAWinningTrader.com’, its affiliates, and all of their respective officers, directors, employees, agents, authorized representatives, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.
8. Void Where Prohibited – Any offer for any product or service made on the Site is void where prohibited. Moreover, ‘BeAWinningTrader.com’ makes no representations regarding the legality of access to or use of the Site, its content, services or Software in any country. Although the Site may be accessible worldwide, not all features, product, service or the Software provided or offered through or on the Site are appropriate or available for use in all countries. ‘BeAWinningTrader.com’ reserves the right to limit, in its discretion, the provision and quantity of any feature, product, service or the Software to any person or geographic area. If you access the Site from a jurisdiction where the Site is prohibited, you are not allowed to do it and doing so at your own risk and You are solely responsible for complying with all applicable local regulations. People under 18 years of age are not permitted to use the Site.
8. Governing Law and Dispute Resolution – This Eula and all disputes or claims arising out of or related thereto shall be governed by the laws of United Kingdom; in the case of law rules, UK law shall prevail. Any cause of action or claim arising out of use of the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred from being submitted. The Parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree upon terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in English, in London, UK or another place agreed by Parties. Without derogating of the provisions above, this clause explicitly sets exclusive jurisdiction to said arbitration process, and neither Party shall be entitled to submit any dispute to the courts of its domicile which contradicts said arbitration process.
8. Miscellaneous – You agree that this License is for the benefit of the User,’BeAWinningTrader.com’, and ‘BeAWinningTrader.com’ licensors. Therefore, this License is personal to you and not assignable. No joint venture, partnership, employment, or agency relationship exists between you and ‘BeAWinningTrader.com’ as a result of this License or arising out of your use of the Software. ‘BeAWinningTrader.com” failure to insist upon or enforce strict performance of any provision of this License shall not be construed as a waiver of any provision or right under this Agreement or at law. You give explicit consent to the installation of advertising-serving program(s) (“Adware”) as an integral component of the Software that may be used to offer you promotional and advertisement material form time to time by ‘BeAWinningTrader.com’. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ‘BeAWinningTrader.com’ may assign its rights and duties under this Agreement to any party and at any time, without notice to you. Headings herein are for convenience only.
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