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End User License Agreement
Single User License
This End User License Agreement (the "Agreement") between J Auto Trading Strategies, LLC, (hereinafter referred to as JATS), owner of the software (hereinafter referred to as the "Software") and you (hereinafter referred to as "Licensee"), for the purpose of defining the conditions under which the Licensee will use the Software. The following Agreement and the word Software applies to all JATS' Indicators, whether purchased as a bundled package of indicators, or purchased as individual indicators.
Important Notice.
This Agreement is a legal contract and specifies the license terms and the limited warranty between you, the Licensee, and JATS for the Software and related documentation. By completing the purchase process, you agree and accept the terms of this Agreement. The terms and conditions should be carefully read before installing or using the Software. Installation or use of the Software confirms your agreement to the terms and conditions of this Agreement as the Licensee. Do not install or use the Software if you do not agree to the terms of this Agreement.
Grant of License
Subject to the provisions of this Agreement, JATS hereby grants the Licensee a perpetual, non-assignable, non-transferable, and non-exclusive object code licence to install and use the Software solely for Licensee's personal (non-commercial) use purposes. This license is not a sale of the original or any copy of the Software. You own the media on which the Software is recorded, but not the Software itself, or any copy of it. The license is subject to the following restrictions:
1. The Software is only available electronically and will not be available in any other format. The Software shall be deemed delivered to Licensee upon JATS making available to Licensee the Software Subscription Key. Licensee understands and agrees that the Software Subscription Key provided by JATS is required to enable the Software during the term of this Agreement and by installing the Software, Licensee agrees to the terms and conditions provided in this End User License Agreement.
2. Licensee may only install and use the Software on one computer. You may also permit a maximum of one (1) computer or other electronic devices (each a "Device") to connect to the computer where the Software is installed for remote access by a NinjaTrader support representative and/or by a licensed third-party vendor of the NT Ecosystem.
2. Licensee may only install and use the Software on one computer. You may also permit a maximum of one (1) computer or other electronic devices (each a "Device") to connect to the computer where the Software is installed for remote access by a NinjaTrader support representative and/or by a licensed third-party vendor of the NT Ecosystem.
3. Licensee may make a single copy of the Software for backup and archival purposes only. The copy must contain all proprietary notices included in the original. Your back-up copy may not be installed or used on any computer.
In addition, Licensee may not, or contract any party to:
1. Reverse engineer the source code of the Software by decompiling, disassembling or translate the Software code, or otherwise display the Software in human readable form.
2. Modify the Software code without the written consent of JATS.
3. Sell, license, rent, lend, distribute or otherwise transfer the Software to another person, firm or legal entity.
4. Reproduce, distribute or publicly display the Software except as defined above, or create derivative works of the Software.
5. Remove any proprietary JATS' notices pertaining to the Software.
Upgrades
Any Software and related documentation provided as a part of an upgrade to an earlier licensed Software release must have a valid license to operate such earlier releases of the same version and edition as the upgrade to install or use the upgrade. All software being upgraded is deemed to be part of the Software and is subject to this Agreement.
Copyright
All JATS Indicators are the intellectual property of J Auto Trading Strategies, LLC. All Software code is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties.
No Additional Rights Or Licenses
Except for the rights granted in this Agreement, the Licensee, acknowledges and agrees that all other rights and title in and to the Software and related documentation, remains the sole and exclusive property of JATS. The Licensee will not assert any title or interest in or to the Software or related documentation.
The Licensee does not receive any rights to any intellectual property rights in the Software code or the related documentation. The Licensee is not authorized to use the name J Auto Trading Strategies, JATS or any other JATS trademarks.
Term of Agreement & Termination
This Agreement and license is effective from the time of purchase until terminated. Licensee may terminate the Agreement at any time by destroying all copies of the Software. JATS may terminate any license if Licensee fails to comply with any of the terms of this Agreement. Upon the termination the Licensee must promptly return or destroy all copies of the Software and related documentation covered by the license to JATS.
Warranty Disclaimer
JATS provides no warranties or damages, whether express, statutory, or implied, for the Software. The Software and documentation are provided ‘AS IS AND WITH ALL FAULTS’ and without warranties of any kind, express, statutory or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non infringement. The entire risk as to performance and quality of the Software and its documentation rests entirely by the Licensee. Should the Software and its documentation prove to be insufficient or defective in any way, the Licensee, not JATS, assumes the entire cost servicing and/or repair. JATS does not warrant that the functions contained in the Software meets the Licensees requirements, that it operates uninterrupted or error free, that defects in the Software will be corrected or that it operates in a combination the Licensee may select for use. No oral or written statement by JATS or any representative of JATS shall create a warranty or increase the scope of this warranty. JATS does not warrant that the Software will work with any given databases, platforms, or 3rd party brokers. The Licensee acknowledges that due to the complexity of the Software, it is possible that use of the Software can lead to unintentional loss or corruption of data. The Licensee assumes all risks of data loss or corruption. Warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
LIMITATION OF LIABILITY AND REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES
LIMITATION OF LIABILITY AND REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES
The entire remedies for the Licensee and liability of JATS are defined herein.
Exclusive Remedy
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of JATS and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoig (except for any remedy of repair or replacement elected by JATS with respect to any breach of the Agreement) shall be limited to the greater of the amount actually paid by you as evidenced by your receipt for the Software, or U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essental purpose.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
IN NO EVENT SHALL JATS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERUPTION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, DOCUMENTATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF JATS OR ANY SUPPLIER, AND EVEN IF JATS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Furthermore, the Licensee agrees that JATS will not be liable for defense or indemnity with respect to any claim against Licensee by any third party arising from its possession, use of the Software or documentation. To the extent that certain jurisdictions do not allow the exclusion or limiting of relief, incidental or consequential damages, the above limitation or exclusion may not apply to all Licensees.
YOU ARE NOT ENTITLTED TO ANY DAMAGES EXCEPT AS PROVIDED FOR HEREIN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.
Applicable Law
If you acquired this Software in the United States, this EULA is governed by the laws of the State of Texas. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Software is acquired outside the United States, the local law may apply.
Entire Agreement
This EULA (including any addendum or amedment to this EULA which is included with the Software) are the entire agreement between Licensee and JATS relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any JATS' policies or programs for support services conflict with the terms of this EULA the terms of this EULA shall control.
Copyright
This Software is protected by copyright and other intelluctual property laws and treaties. JATS or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
Exclusive Remedy
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of JATS and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoig (except for any remedy of repair or replacement elected by JATS with respect to any breach of the Agreement) shall be limited to the greater of the amount actually paid by you as evidenced by your receipt for the Software, or U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essental purpose.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
IN NO EVENT SHALL JATS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERUPTION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, DOCUMENTATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF JATS OR ANY SUPPLIER, AND EVEN IF JATS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Furthermore, the Licensee agrees that JATS will not be liable for defense or indemnity with respect to any claim against Licensee by any third party arising from its possession, use of the Software or documentation. To the extent that certain jurisdictions do not allow the exclusion or limiting of relief, incidental or consequential damages, the above limitation or exclusion may not apply to all Licensees.
YOU ARE NOT ENTITLTED TO ANY DAMAGES EXCEPT AS PROVIDED FOR HEREIN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.
Applicable Law
If you acquired this Software in the United States, this EULA is governed by the laws of the State of Texas. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Software is acquired outside the United States, the local law may apply.
Entire Agreement
This EULA (including any addendum or amedment to this EULA which is included with the Software) are the entire agreement between Licensee and JATS relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any JATS' policies or programs for support services conflict with the terms of this EULA the terms of this EULA shall control.
Copyright
This Software is protected by copyright and other intelluctual property laws and treaties. JATS or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
Internet Trading Risks
Risks associated with using internet based execution trading system include, but are not limited to, failure of the Licensees’ hardware, Software, and/or internet connection. As JATS does not control signal power, its reception or routing via the internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the internet.
Entire Agreement
This Agreement is the complete Agreement between JATS and the Licensee. It supersedes all prior agreements, oral or written with respect to the Software. Failure or delay of JATS to exercise any of its rights under the Agreement or upon any breach of this Agreement, shall not be deemed a waiver of those rights or of the breach. By continuing to install the Software, you hereby agree to be bound by the terms of this Agreement and all the conditions and indemnities contained herein. Trading any financial instrument or market on margin carries a high level of risk, and may not be suitable for all investors or speculators. The high degree of leverage can work against you as well as for you. Before deciding to trade in any financial market you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could lose some or all of your initial investment, and therefore you should not invest or trade speculatively with money that you cannot afford to lose. You should be aware of all the risks associated with trading in any market, and seek advice from an independent financial advisor if you have any doubts. Any opinions, news, research, analysis prices, forecasts or other information contained on this site is provided as general market commentary only, and does not constitute investment advice. JATS will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. JATS makes no claims whatsoever regarding past or future performance. Past results are no indication of future performance. Any trade alert is for educational purposes only. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance trading results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results. No representation is being made that any account will, or is likely to, achieve profits or losses similar to any discussed or shown anywhere on the website.
Commodity Futures Trading Commission:
Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results. Off-exchange foreign currency trading on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and, therefore, you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with off-exchange foreign currency trading and seek advice from an independent financial advisor if you have any doubts.
Disclaimer
Trading any financial instrument or market on margin carries a high level of risk, and may not be suitable for all investors or speculators. The high degree of leverage can work against you as well as for you. Before deciding to trade in any financial market you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could lose some or all of your initial investment, and therefore you should not invest or trade speculatively with money that you cannot afford to lose. You should be aware of all the risks associated with trading in any market, and seek advice from an independent financial advisor if you have any doubts. Any opinions, news, research, analysis prices, forecasts or other information contained on this site is provided as general market commentary only, and does not constitute investment advice. JATS will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. JATS makes no claims whatsoever regarding past or future performance. Past results are no indication of future performance. Any trade alert is for educational purposes only. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance trading results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results. No representation is being made that any account will, or is likely to, achieve profits or losses similar to any discussed or shown anywhere on the website.
Government Required Risk Disclaimer
CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. GOVERNMENT REGULATIONS REQUIRE DISCLOSURE OF THE FACT THAT WHILE THESE METHODS MAY HAVE WORKED IN THE PAST, PAST RESULTS ARE NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. WHILE THERE IS A POTENTIAL FOR PROFITS THERE IS ALSO A RISK OF LOSS. A LOSS INCURRED IN CONNECTION WITH TRADING FUTURES, STOCKS, FOREX, OPTIONS OR ANY KIND OF OTHER TRADING PRODUCTS CAN BE SIGNIFICANT. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION SINCE ALL SPECULATIVE TRADING IS INHERENTLY RISKY AND SHOULD ONLY BE UNDERTAKEN BY INDIVIDUALS WITH ADEQUATE RISK CAPITAL.
