Product(s) EULA (End-User License Agreement)
Please read carefully the terms and conditions of this Agreement. This Agreement uses some of the definitions set out in paragraph 1 below. This Agreement, and any new versions, between the Author, José Francisco Casado Fernández, and You, covers all Your use of Product(s) from any computers where they has been installed. You can accept this Agreement by clicking on the "Yes" button or "Accept" or similar buttons or links as stated above or upon installation or use of the Product(s) by You, whichever occurs earlier. You acknowledge and agree that by accepting this Agreement you are entering into a legally binding contract. You should print off or save a copy of the Agreement for your records. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed by Product(s) through the Trading Terminal. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. If the law of Your country prohibits You from downloading or using Product(s) because of some restrictions or because they are not allowed in Your country, please don’t use them.
1. DEFINITIONS
1.1 The following terms and expressions used in this Agreement shall have the following meanings:
- Trading terminal (MetaTrader 4/5): which is a software product developed by MetaQuotes Software Corp, for trading in financial markets, analyzing price dynamics, running applications developed using the MetaQuotes Language 4/5 (MQL4/5), testing and optimizing automated trading programs developed using the MetaQuotes Language 4/5 (MQL4/5), .
- MetaEditor: an editor, in which the software code in the MetaQuotes Language 4/5 (MQL4/5) is written and compiled using the MetaQuotes Language Compiler.
- MetaQuotes Language Compiler: the compiler of the source code written in the MetaQuotes Language 4/5 (MQL4/5), which is used for creating executable files that can be run in the trading terminal.
- Author: the author and the lawful author of Product(s) is José Francisco Casado Fernández, alias Robertomar with the registered trademark "Robertomar Trader".
- Product(s): software applications in the MetaQuotes Language 4/5 (MQL4/5), which can be used in the trading terminal, developed by the author. The Product(s) includes all its updates, improvements, bug fixes and new versions. The product(s) consists of the following components:
- (I) The software applications that can be run in the trading terminal, that are files with the EX4/5 extension, which result from the compilation of the source code in the MQL4/5 using the MetaQuotes Language Compiler.
- (II) Sometimes it could be included, only for information purposes, one or several Text files with extensions MQH and/or MQ4/5 created in the source code editor MetaEditor 4/5 which are used for developing the source code of the applications, but this fact will not transfer any rights over them to You by the Author, and You explicitly agree neither to modify these files, nor use them to recompile the Product(s). You agree not to distribute these files to anyone else.
- Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.
- Effective Date: the date on which this Agreement is entered into by clicking on the "Yes" button or "Accept" or similar buttons or links as stated above or upon installation or use of the Product(s) by You, whichever occurs earlier.
- IP Rights: means patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and applications, extensions and renewals in relation to any such rights.
- Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL http://robertomartrader.blogspot.com.es/ – among other URL’s, from which website the Software can be downloaded.
- You: You, the end user of the Product(s), also used in the form “Your” where applicable.
1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.
1.3 Any phrase introduced by the expressions “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. LICENSE AND RESTRICTIONS
2.1 License: Subject to the terms of this Agreement, the Author hereby grants You a limited, personal, non-exclusive, simple, non-sublicensable, non-assignable license to download, install and use the Product(s) on Your computer for the sole purpose of organizing a trader's workplace and trading in financial markets and solely for the use with Trading Terminal that may be explicitly provided by MetaQuotes Software Corp.
2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Product(s) or any part thereof.
2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, translation into other languages, creation of derivative works, reverse engineering, decompiling, disassembling or hacking of the Product(s) or any part thereof. You will also not create other software based on them.
2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, translation into other languages, creation of derivative works, reverse engineering, decompiling, disassembling or hacking of the Product(s) or any part thereof. You will also not create other software based on them.
2.4 Exclusive Ownership: Any and all IP Rights in the Author's Product(s), are and shall remain the exclusive property of Author and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with Author’s IP Rights. Any unauthorized use of Author's IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
2.5 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Author's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
2.6 At all times, You must constantly monitor the Author's Website to ensure You are aware of any changes in the the EULA or any other applicable Additional Terms. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the Product(s).
2.7. You represent and warrant that You are authorized to agree to and meet with the terms and conditions of this EULA.
2.8. You acknowledge and agree that Your use of the Product(s) will be at Your own risk and account. You agree, on demand, to indemnify, defend and hold Author, harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such person, in connection with or arising out of (a) Your use of the Product(s) or (b) any breach or violation of the terms and conditions of these EULA terms and any other applicable Additional Terms.
2.9. Author reserves the right to modify these EULA terms and conditions at any time, on a general or individual basis, by publishing the revised terms on the Author's Website or by otherwise notifying You of the revised terms. Any eventual modification of the terms that establishes Author’s right to charge royalties is subject to a three (3) months’ prior notice thereof. Your continued use of the Product(s) shall constitute Your acceptance to be bound by the terms and conditions of the revised EULA terms.
2.10. In the event that You wish to use the Product(s) in a manner other than as expressly set out in these EULA terms such use is expressly prohibited unless and until Author enters into a specific license with You in writing.
2.11 Utilization of Your Computer: Product(s) may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of providing the functionality of the Product(s) and establishing connection with the Trading Terminal. Author will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your data, however Author cannot give any warranties in this respect.
2.12 Updates to and New Versions of the Product(s): Author, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Product(s), and has no obligation to make available to You any subsequent versions of them.
2.13 Suspension: Author may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the Product(s), and/or disable any of them that You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Author's discretion, are in breach of the Agreement, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
2.14 Lawful purposes: You will use the Product(s) solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of codes or instructions that are designed to distort, delete, damage or disassemble the Product(s) or the communication; (c) use the Product(s) in violation of the laws of your; (d) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.
2.15 Representations: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the Product(s).
2.16 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD AUTHOR HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE PRODUCT(S), OR (D) COMMUNICATION SPREAD BY MEANS OF THE PRODUCT(S).
2.17 You may use the Product(s) in any country, in accordance with the terms of this Agreement.
3. TERM, TERMINATION, UPDATES
3.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Author or You as set out below.
3.2 Termination: You may terminate the Terms with immediate effect at any time. Without limiting other remedies, Author may limit, suspend, or terminate this license and Your use of Product(s), with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the terms of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.3 Consequences of Termination: Upon termination of this Agreement: (a) all licenses and rights to use the Product(s) shall immediately terminate; (b) You will immediately cease any and all use of the Product(s); and (c) You will immediately remove the Product(s) from all hard drives, networks and other storage media and destroy all copies of the Product(s) in Your possession or under Your control.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 No Warranties: THE PRODUCT(S) IS/ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; AUTHOR DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE PRODUCT(S), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. AUTHOR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT(S) WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AUTHOR WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE PRODUCT(S).
4.2 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Product(s) remains with You, to the maximum extent permitted by law.
4.3 No Liability: YOU ACKNOWLEDGE AND AGREE THAT AUTHOR WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE PRODUCT(S), AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PRODUCT(S) IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH PRODUCT(S).
4.4 Limitation of Liability: IN NO EVENT SHALL AUTHOR BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
- 4.4.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT(S); AND
- 4.4.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT(S);
- 4.4.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: (I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE PRODUCT(S); (II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY AUTHOR FOR ANY REASON; AND (III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE PRODUCT(S) TO YOU.
4.5 THE LIMITATIONS ON AUTHOR’S LIABILITY TO YOU IN PARAGRAPH 4.4 ABOVE SHALL APPLY WHETHER OR NOT AUTHOR, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
4.6 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF AUTHOR FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AUTHOR, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
4.7 Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
5. MISCELLANEOUS
5.1 Entire Agreement: The terms and conditions of the Agreement constitute the entire agreement between You and Author with respect to the Product(s) and will supersede and replace all prior understandings and agreements, unless they have been entered into in writing as a separate document, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Author arising out of fraud or fraudulent misrepresentation.
5.2 Partial Invalidity: If any provision of the Agreement, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Agreement as a whole, the legality, validity or enforceability of the remainder of the Agreement (including the remainder of the terms which contains the relevant provision) shall not be affected.
5.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Agreement or by law shall not constitute a waiver of that right, power or remedy. If Author waives a breach of any provision of the Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
5.4 Assignment: You are not allowed to assign the Agreement or any rights hereunder. Author is allowed at its sole discretion to assign the Agreement or any rights hereunder to any third party, without giving prior notice.
5.5 Applicable Law and Competent Court: The Agreement shall be governed by and interpreted in accordance with the laws of Spain and shall be subject to the jurisdiction of the courts of the district of Spain.
5.6 Language: The original English version of the Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
5.7 Survival: The terms of paragraphs 2.4, 3 and 4 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "YES" BUTTON OR "ACCEPT" BUTTON AND/OR CONTINUING TO INSTALL OR USE THE PRODUCT(S), YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO AUTHOR THE RIGHTS SET FORTH HEREIN.
