1. General Conditions TRADESTATION TECHNOLOGIES INC. (2000i software) SOFTWARE AND DATA LICENSE, SATISFACTION GUARANTEE, AND DISCLAIMER Please read this carefully. This is a legal agreement (“Agreement") between you and Omega Research, Inc. ("Omega Research") and its data suppliers (the "Data Suppliers"). BY ORDERING ANY OMEGA RESEARCH PRODUCT ONLINE FROM OMEGA RESEARCH’S WEB SITE OR BY INSTALLING AND/OR USING THE SOFTWARE AND/OR THE DATA ON A COMPUTER, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT HAS THE SAME BINDING LEGAL FORCE AND EFFECT AS IT WOULD IF YOU AND OMEGA RESEARCH SIGNED IT IN INK AND DELIVERED IT TO ONE ANOTHER IN PERSON. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE PRODUCT IN WHICH THIS SOFTWARE AND THE DATA HAVE BEEN INCLUDED, INCLUDING ALL MANUALS AND OTHER MATERIALS RECEIVED WITH SUCH PRODUCT, TO THE PLACE OF PURCHASE FOR A FULL REFUND, AS OMEGA RESEARCH IS UNWILLING TO LICENSE THE SOFTWARE TO YOU UNLESS YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ALL LIMITATIONS ON THE LIABILITY OF OMEGA RESEARCH AND THE DATA SUPPLIERS, AND ALL DISCLAIMERS AND ASSUMPTIONS OF RISK DESCRIBED BELOW. 1. GRANT OF LICENSE. (a) Omega Research grants to you a nonexclusive license to use one copy of the software program (the "Software") and all market and other financial data included with the Software or which you have subscribed for (the "Data") on a single computer terminal. You may also use the Software and Data on a network provided that each individual accessing the Software or Data through the network has separate Software and Data licensed to, or subscribed for by, that individual. Notwithstanding the first sentence of this paragraph 1(a), you may use the Software, and any historical Data included with it, in one additional computer, provided that solely you are the person to use it on each of such two computers, and provided further that no application of the Software is used on both of such computers at the same time. This right is granted to you to provide the flexibility to, for example, use a Software application at your home computer and then later in the day at your office computer, or vice versa, or on your home computer and then on your laptop, etc. This additional right DOES NOT apply to any use by you of Data obtained by you from Omega Research on a subscription basis (e.g., HISTORYBANK.COM Daily Update Service), in which case a separate subscription must be purchased for each computer through which you receive such Data. If you have licensed the Software and/or the Data on a monthly or other periodic basis, under a subscription, lease or similar arrangement, your right to use the Software and Data terminates at the expiration of your subscription or lease term, and may be terminated by Omega Research immediately if you fail to make any required payment or violate any of your other agreements with Omega Research set forth in this Agreement or set forth elsewhere. This Agreement and the license granted may not be transferred, assigned, leased, rented, sublicensed or otherwise transferred by you. In no event shall the Software or the Data be used by you for, or in connection with, any unlawful purpose. (b) If a Developer’s Kit has been included in the Software, the sole purpose of such inclusion is to provide to you a personal, nonexclusive license to use the included technical information to develop certain interfaces between the Software and, if applicable, investment, trading or financial analysis, evaluation or management software or other software you have developed or are planning to develop. You may not use the Developer Kit or any of the technical information included in the Developer Kit for any other purpose whatever. (c) You are also granted a nonexclusive, non-transferable license to use precise reproductions of screen shots of charts or tables displayed by the Software and the name brand of the Software in connection with your business, solely for illustrative or informational purposes, and only if your business is related to investment analysis (such as an investment analysis website, financial newsletter or book, etc.). In order to utilize this right, you may not in any manner state or imply that Omega Research endorses you, your company or any of your or its products or services, that the use of any Omega Research product will guarantee profits, increased profits or minimization of losses, or that Omega Research or its products recommend(s) any particular trading system or strategy. Also, each screen shot reproduced must be displayed under a prominent caption that reads "Chart created with [Insert Name of Product, e.g., TradeStation® 2000i, OptionStation® 2000i, SuperCharts® 2000i] by Omega Research, Inc." The screen shot may not be altered or presented in a manner that leads or may lead the viewer to believe that the Software has capabilities which it does not. This license may be terminated by Omega Research at any time, for any reason, upon notice to you of such termination. (d) You have been provided with a product password that enables your use of the Software (your "Product Password"). Your Product Password has been encrypted with unique customer information that identifies you to Omega Research as the owner of your Product Password. You agree to keep your Product Password confidential, and not to disclose it to anyone else, publish it, or allow anyone else to use it. You agree that if you violate such agreement, in addition to Omega Research’s other rights and remedies against you with respect to such violation, you shall be obligated to pay to Omega Research upon demand the full license fee then being charged for the Software for each user who uses your Product Password on a copy of the Software. If you are paying for your right to use the Software on an instalment basis, you may receive temporary Product Passwords on a periodic basis until full payment has been received, at which time you will be issued a non-expiring Product Password. If you have subscribed for the right to use the Software on a monthly or other periodic basis, you may receive monthly or other periodic Product Passwords. In either case, your right to continue to receive updated, active Product Passwords is conditioned upon your fulfilling on a current basis all of your payment and other obligations to Omega Research. If you do not receive a replacement Product Password in a timely manner, it is your responsibility to contact Omega Research to obtain it. You agree that Omega Research shall have no liability for any consequences of your failure to receive an updated, active Product Password in a timely manner. You acknowledge that in addition to issuing your unique Product Password, Omega Research may implement technical measures that permit Omega Research to verify your compliance with the terms of this Agreement, including verification that the Software and/or Data is always used on a single computer terminal. (e) Any or all of the licenses granted above may be terminated by Omega Research upon notice to you if you violate or otherwise do not observe any of the terms, conditions or provisions of this Agreement. 2. OWNERSHIP AND COPYRIGHT. The Software has been developed by or for Omega Research. The Data has been assembled, formatted and supplied by either Omega Research and/or one or more of the Data Suppliers and their respective suppliers, and is being offered by Omega Research pursuant to licenses granted by the Data Suppliers. The Software and the Data were developed, compiled, prepared, revised, selected and arranged through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, constitute confidential and valuable industrial property and trade secrets, and are protected by United States copyright laws and international treaty provisions as well as other intellectual property laws and treaties. All title and copyrights in and to the Software and the Data and any accompanying printed materials are owned by Omega Research or the Data Suppliers (or their suppliers). You acquire only a nonexclusive license to use the Software and the Data subject to this Agreement. You agree not to duplicate, reproduce, publish, retransmit or redistribute the Software or Data, except that you may either: (a) make a copy of the Software solely for backup or archival purposes; or (b) transfer the Software and Data to a single hard disk, provided that you keep the original solely for backup or archival purposes. You may not directly or indirectly offer or transmit all or any portion of the Software or Data to third parties whether by way of' subscription, license, sale or otherwise. You may not copy the written material accompanying the Software or Data or remove any proprietary notices or labels on the Software or Data. You may not modify, translate, reverse engineer, de-compile or disassemble the Software or the Data. 3. SATISFACTION GUARANTEE AND RETURN POLICY. You understand that TRADERSWORLD UK LTD. has a 30-day satisfaction guarantee and Limited Return Policy for TradeStation Technologies Inc., software sold by TRADERSWORLD UK LTD.. If for any reason during the first 30-days after receiving the software you are not 100% satisfied with its performance, you can return it to TRADERSWORLD UK LTD. for a refund or credit by complying with the following Return Policy guidelines (a shipping and handling charge of £49.00 GBP will be deducted from your refund or credit. Amount may vary for orders outside the European Union. Contact TRADERSWORLD UK LTD. for details). No return of the software will be accepted by TRADERSWORLD UK LTD. unless the stated guidelines are followed. Call +44 (0)1732-770575 to obtain a Return Merchandise Authorisation (RMA) number. The hours are Monday to Friday 09:00 to 18:00 (UK local time). Write your RMA number clearly on the front of your package. TRADERSWORLD UK LTD. is unable to accept any package without an RMA number. You must include the software, any data included with the software, and all accompanying documentation and materials. All packages will be inspected upon arrival at TRADERSWORLD UK LTD. and any incomplete or damaged returns will not qualify for a refund. In addition, please include your name, address, and telephone number in order to expedite processing of the refund or credit. You agree that you, and not TRADERSWORLD UK LTD., bear the risks and consequences of lost or misdirected mail, so choosing a carrier that requires a signature upon delivery protects you. The costs of shipping (including any customs or duties) and insurance are your responsibility, and TRADERSWORLD UK LTD. will refuse any return with respect to which TRADERSWORLD UK LTD. is required to pay any such charges. You must also remove all installed versions of the software from your computer. This can be achieved by using the START/SETTINGS/CONTROL PANEL/Add/Remove Programs utility within your Windows O/S. You must also remove all backup and archived copies of the software. If the software is received by TRADERSWORLD UK LTD. within the 30-day satisfaction guarantee period and all Return Policy guidelines are followed, your refund or credit will be promptly processed following the receipt of the package and verification of its contents. 4. NO OTHER WARRANTIES. EXCEPT FOR THE 30-DAY SATISFACTION GUARANTEE FOR THE SOFTWARE DESCRIBED IN PARAGRAPH 3, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMEGA RESEARCH AND THE DATA SUPPLIERS AND THEIR RESPECTIVE SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. 5. NO LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES; OMEGA RESEARCH TOTAL LIABILITY CAPPED. IN NO EVENT SHALL OMEGA RESEARCH OR THE DATA SUPPLIERS OR ANY OF THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE DATA, OR ANY ERRORS IN THE SOFTWARE OR THE DATA, EVEN IF OMEGA RESEARCH OR THE DATA SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ALL SOFTWARE AND DATA PRODUCTS CONTAIN SOME ERRORS AND INACCURACIES, INCLUDING THE SOFTWARE AND THE DATA. YOU UNDERSTAND THIS AND FULLY ASSUME ALL RISKS AND CONSEQUENCES RELATING TO SOFTWARE ERRORS AND DATA INACCURACIES OR INCOMPLETENESS. IN ALL EVENTS, YOU AGREE THAT THE MAXIMUM LIABILITY OF OMEGA RESEARCH TO YOU RELATING TO ANY CLAIM YOU MAY HAVE IN ANY MANNER RELATING TO THE SOFTWARE OR DATA, OR THE USE, CONDITION, OPERATION, EFFECTIVENESS OR QUALITY THEREOF, WHETHER BASED IN CONTRACT, TORT OR ON OTHER GROUNDS OR THEORIES, AND REGARDLESS OF THE CIRCUMSTANCES, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO OMEGA RESEARCH TO LICENSE THE SOFTWARE. 6. NO WARRANTY ON DATA; OTHER TERMS REGARDING DATA. ALL DATA IS PROVIDED "AS IS." THE DATA IS DERIVED FROM SOURCES WHICH OMEGA RESEARCH AND THE DATA SUPPLIERS DEEM RELIABLE, BUT NEITHER OMEGA RESEARCH NOR THE DATA SUPPLIERS OR THEIR SUPPLIERS GUARANTEE THE CORRECTNESS OR COMPLETENESS OF THE DATA. NEITHER OMEGA RESEARCH NOR THE DATA SUPPLIERS OR ANY OF THEIR SUPPLIERS SHALL HAVE ANY LIABILITY WHATEVER FOR ANY INTERRUPTIONS, INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, OR ANY LOSSES YOU INCUR AS A RESULT THEREOF. You understand and agree that your right to receive all or a portion of the Data on an ongoing or periodic basis (if you have purchased such a right from Omega Research) is subject to termination to the extent that Omega Research’s agreements with any of the Data Suppliers terminate for any reason. To the extent applicable, you agree to make application to, and receive written approval for, receipt of the Data from each financial market exchange the data of which has been or is being delivered to you, to the extent required by the rules, regulations or policies of such exchanges with respect to the type of Data you have received or are receiving, and you agree to comply with any applicable conditions, restrictions, limitations, and to pay any applicable fees and charges, imposed by such exchanges. Generally, exchange applications, approvals and fees are applicable to the receipt of real-time data, but this is not necessarily the only case where such requirements apply, and this can change from time to time. If any exchange, for any reason, terminates provision of Data to Omega Research or the Data Suppliers, your receipt of Data may be discontinued with or without notice, and you agree that in such event neither Omega Research nor the Data Suppliers or their suppliers shall have any liability to you. 7. USING THE SOFTWARE TO MAKE INVESTMENT AND TRADING DECISIONS OR TO INITIATE TRADES. All software, including the Software, contains errors, and all financial market and similar databases and services, including the Data, contain inaccuracies and mistakes and are incomplete in certain respects. You are strongly advised to verify pricing and all other relevant information prior to making any trade or investment. AS BETWEEN OMEGA RESEARCH AND YOU, SOLELY YOU FULLY ASSUME THE RISK THAT ERRORS OR INACCURACIES IN THE SOFTWARE AND/OR THE DATA MAY RESULT IN YOUR REACHING CONCLUSIONS THAT YOU MIGHT NOT OR WOULD NOT HAVE REACHED HAD SUCH ERRORS AND/OR INACCURACIES NOT BEEN PRESENT. FURTHER, AS BETWEEN OMEGA RESEARCH AND YOU, SOLELY YOU FULLY ASSUME THE RISK THAT SOFTWARE ERRORS MAY CAUSE FAILURES IN THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR OTHER CHANNELS, OR INACCURACIES IN INFORMATION BEING SO TRANSMITTED, INCLUDING BUT NOT LIMITED TO TRANSMISSIONS OF ORDERS TO PLACE TRADES TO ONLINE BROKERAGES WITH WHICH THE SOFTWARE IS TECHNICALLY COMPATIBLE. YOU AGREE THAT NEITHER OMEGA RESEARCH NOR THE DATA SUPPLIERS SHALL HAVE ANY LIABILITY WHATEVER FOR ANY CONSEQUENCES OF SUCH ERRORS, INACCURACIES OR FAILURES. 8. PRODUCT SUPPORT; OTHER PRODUCTS AND SERVICES; UPGRADES. The price paid by you for the Software and/or Data relates only to such items, and to no other products or services, including upgrades or technical support, Omega Research offers or may offer from time to time. Omega Research currently provides technical support for the then-current shipping versions of its software to its registered customers at no charge, as outlined from time to time on Omega Research’s website. All support services, including technical support and other services and benefits that may be made available from time to time by Omega Research through its website or otherwise, and the terms and conditions upon which they are made available (including pricing), may be modified at any time and from time to time by Omega Research with or without notice. You may need to obtain from Omega Research a unique customer number and a unique customer password (in addition to your Product Password) in order to access and/or use one, some or all of such services and benefits. You agree to keep such customer number and customer password confidential, and not to disclose it to anyone else, publish it, or allow anyone else to use it. You agree that if you violate such agreement, you shall be obligated to pay to Omega Research upon demand, as liquidated damages and not as a penalty, the sum of $2,500 per each individual other than you that uses your customer identification information to access and/or use Omega Research services or benefits. Any of such services or benefits may be terminated at any time with or without notice, either generally or in specific circumstances. The license to use the Software granted in this Agreement does not include the right to receive upgrades. Upgrades, if any, may be made available for a separate license fee. Omega Research may refuse to provide, or refuse to continue the provision of, upgrades, upgrade offers, support services and other services or benefits to any person, at any time, for any reason, with or without notice. 9. SEVERABILITY. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement. 10. WAIVER. Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Omega Research. 11. ENTIRE UNDERSTANDING; ASSIGNMENT. This Agreement contains the entire understanding between you and Omega Research concerning the subject matter of this Agreement. You may not assign any of your rights or delegate any of your obligations hereunder without first obtaining the prior written consent of Omega Research. 12. CHOICE OF LAW. This Agreement shall be deemed to have been made in the State of Florida and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of Florida. Venue for any dispute shall be proper only in Miami-Dade County, Florida. ADDITIONAL IMPORTANT INFORMATION AND DISCLAIMERS Investments involve risks, including possible loss of principal and other losses. The Software is designed chiefly to provide a training tool for the understanding of technical analysis of the financial markets. It is licensed to you with the understanding that Omega Research is not engaged in rendering any investment or other professional advice. If investment or other professional advice is required, the services of a competent, licensed professional should be sought. No Omega Research employee, agent or representative is authorized to provide any such advice of any nature whatever, and any such advice, if given, is in violation of Omega Research policy, is unauthorized and may not be relied upon. The use of any trading system or strategy, including any system or strategy included as a sample in, or that is or was developed using, the Software, does not and cannot guarantee that you will make profits, increase profits or minimize losses. Any popular or other strategies or systems included in the Software are intended merely as examples of technical ideas that can be incorporated into a personally designed trading system. None is recommended. You must use your own judgment or consult a professional for advice on such matters. Additionally, trading results based upon hypothetical or historically-tested trading systems do not necessarily compare to results of actual trading. No hypothetical or historical trading record can completely account for the level of risk present in actual trading. Numerous factors relating to market conditions, human error, human/emotional reaction to losses during actual trading, inherent limitations of certain hypothetical or historically-tested models, particularly ones that do not operate at the "tick" (as opposed to open, high, low, close) level, volume of trade differences between hypothetical models and actual trades and other supply/demand differences that may not be addressed by hypothetical models, and other conditions and circumstances can account for these differences. here is no guarantee that your hypothetical trading results, even if tested against historical data, will produce comparable actual trading results. In fact, there are frequently sharp differences between hypothetical or historically-tested performance results and the actual results subsequently achieved by any particular trading system or strategy. Also, you should be aware that certain commonly-used trading "jargon," including trading terms used in the Software, such as, for example, a "limited risk" position, should not be taken literally. For example, so-called "limited risk" positions in certain options trades are not in fact limited as may be expected. Again, with respect to matters such as these, a licensed professional should be consulted. Trademarks ActivityBar, EasyLanguage, GlobalServer, HISTORYBANK.COM Daily Update Service, HISTORYBANK.COM Financial Database, Omega Research, Omega Research ProSuite, OmegaWorld, OptionStation, PaintBar, Portfolio Maximizer, PowerEditor, ProbabilityMaps, RadarScreen, ShowMe, SmartAsk, SmartBid, SmartStyling, SuperCharts, SystemBuilder and TradeStation are registered or unregistered trademarks or service marks of Omega Research, Inc. In certain cases, registrations therefor are pending. The Software and its documentation also contain other trademarks of Omega Research, Inc. and trademarks, service marks and trade names of other companies. Copyright Copyright © 1999 Omega Research, Inc. All rights reserved. |
, within the
14-day evaluation period, confirming that you have
removed all Adapta 2000i software from your PC and/or backup and archive devices, and
providing these RMA guidelines are followed, your refund or credit will be promptly
processed. Your statutory rights are not affected.