Terms and Conditions
Effective October 13, 2009
The following are terms of a legal agreement between you and dev4traders. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations.
YOU SHOULD CAREFULLY READ THIS AGREEMENT. YOUR ACCESS TO AND USE OF OUR SITES AND SERVICES ARE GOVERNED BY THIS AGREEMENT. BY USING OUR SERVICES OR VISITING OUR SITES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL OTHER APPLICABLE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND VISITING OUR SITES.
This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. dev4traders may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
dev4traders assumes no responsibility regarding the accuracy of the information that is provided by dev4traders and use of such information is at the recipient’s own risk. dev4traders provides no assurances that any reported problems may be resolved with the use of any information that dev4traders provides. By furnishing information, dev4traders does not grant any licenses to any copyrights, patents or any other intellectual property rights.
dev4traders does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to dev4traders will be deemed NOT to be confidential. By sending dev4traders any information or material, you grant dev4traders an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that dev4traders is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Information dev4traders publishes on the World Wide Web may contain references or cross references to dev4traders products, programs and services that are not announced or available in your country. Such references do not imply that dev4traders intends to announce such products, programs or services in your country. Consult your local dev4traders business contact for information regarding the products, programs and services which may be available to you.
dev4traders’s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from dev4traders off this web site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
dev4traders makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-dev4traders Web site, even one that may contain the dev4traders-logo, please understand that it is independent from dev4traders, and that dev4traders has no control over the content on that Web site. In addition, a link to a non-dev4traders Web site does not mean that dev4traders endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL dev4traders BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY dev4traders ON AN “AS IS” BASIS ONLY. dev4traders PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
dev4traders may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
SERVICES – LICENSE AND SUPPORT
We grant you a limited, nonexclusive, nontransferable right to access and use the Services you order from us pursuant to one or more orders (each, an “Order”), and the related documentation in accordance with this Agreement. Additional terms and conditions that apply to each type of Service may be set forth in the Order as well as in the description of our Services, which will be published on our website or otherwise made available to you. In the event of any conflict between this Agreement and the terms of any Order, the terms of the Order will control. We reserve the right to refuse to provide you with our Services in our sole discretion and without notice.
THIS IS A LICENSE AND NOT A SALE
The individual using this software or documentation represents and warrants that he or she has authority to enter into this agreement with dev4traders on behalf of the Licensee, that he or she has read the terms and conditions set out herein and that the Licensee accepts and agrees to be bound by this agreement. If the Licensee does not agree with the terms and conditions, the Licensee must not use or permit the use of the Product.
1.1 “Software” shall mean one or several of our software program, documentation, associated media, printed materials, and online and electronic documentation.
1.2 “Object Code” shall mean the computer executable embodiment of software computer code, which is derived from Source Code by a process generally known as “compilation” or any other process that translates Source Code or some intermediate code derived from Source Code into a form that can be executed by a computer.
1.3. “Source Code” shall mean the human readable embodiment of software computer code, which must be translated by a process generally known as “compilation” into Object Code before such software can be executed by a computer.
1.4. dev4traders means Development for the Traders.
1.5. License Fee shall mean a one-time fee paid by Licensee to dev4traders, as designated by Product.
2. LICENSE GRANT
2.1 Subject to the terms of this agreement, including limitations defined by the License, dev4traders grants to Licensee, and Licensee accepts from dev4traders, a perpetual, worldwide, non-exclusive, non-transferable, non-sublicensable License to use the Software.
2.2 Object Code. dev4traders hereby grants to Licensee a non-exclusive, non-transferable, terminable (in accordance with Section 7.1) license to distribute Object Code created from Source Code and to authorize third parties to use such Object Code.
3. NO WARRANTY
DEV4TRADERS DOES NOT WARRANT THAT THE USE OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE. LICENSEE ASSUMES ALL RISKS ASSOCIATED WITH USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.
4. dev4traders OBLIGATIONS
Upon receipt of License Fee from Licensee, dev4traders will supply access to the Product and Services; provide Software Maintenance as defined in Section 6.
5. LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES UNDER THIS AGREEMENT EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOFTOMATE SHALL NOT BE LIABLE FOR THE LOSS OF, OR DAMAGE TO, LICENSEE’S RECORDS OR DATA OR ANY DAMAGES CLAIMED BY LICENSEE BASED ON A THIRD PARTY CLAIM.
6. SOFTWARE MAINTENANCE
Software Maintenance includes dev4traders provisioning to Licensee Product updates and/or enhancements made generally available to customers from time to time, and online technical support (and where applicable, phone support) to one Licensee-designated technical contact for the sole purpose of addressing technical issues relating to the use of the Product.
7. LICENSEE’S RESTRICTIONS
Licensee must not, without the prior written consent of dev4traders (a) decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, or otherwise attempt to derive, the Protected Code; (b) sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate In addition, the Product includes license protection mechanisms that are designed to manage and protect the intellectual property rights of dev4traders. Licensee must not modify or alter those features to try to defeat the Product use rules that the license protection mechanisms are designed to enforce.
The term of this agreement begins on the payment day and will continue in full force and effect until terminated in accordance with Clause 9.
This Agreement and Licensee’s license rights granted under it remain in effect until it is terminated by either party as provided herein. If this Agreement is terminated, then the Licensee’s rights under the license set forth in Section 2.1 shall immediately terminate. dev4traders may terminate this Agreement thirty days after notifying Licensee of a material breach of this Agreement if such material breach remains uncured after such period. Licensee may terminate this Agreement upon providing written notice to dev4traders. The provisions concerning indemnification and those that by their nature should survive the termination of this Agreement shall survive the termination of this Agreement.
10. INTELLECTUAL PROPETRY
The Licensee acknowledges that the Product and all intellectual property rights in relation to the Product are the property of dev4traders. Except as expressly stated herein, this Agreement does not grant Licensee any rights in any dev4traders patents, copyrights, trademarks, trade names, or service marks.
11. PUBLICITY RIGHTS
(a) The Licensee grants dev4traders the right to include the Licensee as a customer in Software promotional materials.
(b) Licensee can deny dev4traders the right to include the Licensee as a customer in Software promotional materials by submitting a written request via email to firstname.lastname@example.org. Upon receipt of such request, dev4traders will remove any reference to the Licensee from such promotional material within 7 days and make no further reference to the Licensee.
12. REFUNDS AND DISPUTES
All payments to dev4traders are non refundable (unless covered by 7-day Money Back Guarantee as defined in Section 13). This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 7 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, will result in service interruption, and reconnection fees to restore the desired service.
13. 7-DAY MONEY BACK GUARANTEE
All plans come with a 7 day money guarantee. If for whatever reason we fail to satisfy your needs and are within 7 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company, we will not deduct ANY fee.